Am. Sub. H. B. No. 562 As Reported by the Committee of Conference

As Reported by the Committee of Conference

127th General Assembly

Regular Session

2007-2008

Am. Sub. H. B. No. 562

Representative Hottinger

Cosponsors: Representatives Peterson, Skindell, Bacon, Bolon, Boyd, Brown, Budish, Chandler, Evans, Flowers, Garrison, Hagan, R., Hite, Jones, McGregor, R., Patton, Redfern, Schlichter, Stewart, D., Stewart, J., Strahorn, Yates, Adams, Book, Brady, Collier, Combs, Dolan, Domenick, Dyer, Gerberry, Goyal, Hagan, J., Harwood, Hughes, Koziura, Mallory, McGregor, J., Schindel, Setzer, Szollosi, Ujvagi, Webster, White, Widowfield, Beatty, Celeste, Coley, Fende, Heard, Letson, Luckie, Newcomb, Sykes, Williams, B.
Senators Carey, Cafaro, Wilson, Kearney, Boccieri, Coughlin, Fedor, Goodman, Grendell, Harris, Morano, Mumper, Niehaus, Padgett, Roberts, Seitz, Spada, Stivers, Mason, Schaffer, Miller, D., Miller, R., Austria, Schuring

A BILL

To amend sections 9.231, 9.24, 9.835, 105.41, 109.71,

113.061, 113.40, 117.11, 117.13, 117.38,

120.08, 121.31, 122.171, 125.02, 125.021,

125.022, 125.04, 125.041, 125.05, 125.06,

125.07, 125.18, 125.25, 127.16, 133.08,

135.61, 135.63, 135.65, 135.66, 145.47, 149.30,

156.02, 165.01, 165.03, 303.12, 303.211,

306.43, 307.697, 317.32, 319.301, 340.02,

340.021, 351.26, 519.12, 519.211, 715.73,

715.74, 901.42, 1332.04, 1333.61, 1346.03,

1751.01, 1751.04, 1751.05, 1751.11, 1751.111,

1751.12, 1751.13, 1751.15, 1751.16, 1751.17,

1751.18, 1751.20, 1751.31, 1751.34, 1751.53,

1751.60, 1751.89, 2743.49, 2744.05, 2903.213,

2903.214, 2915.101, 2919.26, 2921.13, 2923.11,

2935.01, 2935.03, 2949.092, 3111.04, 3113.06,

3113.31, 3119.023, 3119.54, 3301.0714,

3311.21, 3311.24, 3313.842, 3313.978, 3314.016,

3314.02, 3314.03, 3314.05, 3316.03, 3316.041,

3316.06, 3316.08, 3317.023, 3317.11, 3317.20,

3318.01, 3318.03, 3318.032, 3318.04, 3318.37,

3319.291, 3323.30, 3323.31, 3323.32, 3323.33,

3333.04, 3333.044, 3333.045, 3333.122, 3335.05,

3341.03, 3343.08, 3344.02, 3345.34, 3350.10,

3352.02, 3353.02, 3353.20, 3353.21, 3353.22,

3353.26, 3353.27, 3353.28, 3353.29, 3354.16,

3355.12, 3356.02, 3357.16, 3359.02, 3361.02,

3364.02, 3501.17, 3501.19, 3503.14, 3503.16,

3503.19, 3503.28, 3505.18, 3505.181, 3505.182,

3505.183, 3509.03, 3509.031, 3509.04, 3509.05,

3511.02, 3511.05, 3511.09, 3702.71, 3702.72,

3702.73, 3702.74, 3702.75, 3702.78, 3702.79,

3702.81, 3702.85, 3702.86, 3702.91, 3702.93,

3702.95, 3703.01, 3734.821, 3735.67, 3743.02,

3743.04, 3743.15, 3743.17, 3743.19, 3743.25,

3743.40, 3743.44, 3743.45, 3743.54, 3743.56,

3743.65, 3743.70, 3743.99, 3901.3814, 3905.40,

3923.281, 3923.443, 3961.04, 4112.12, 4117.14,

4117.15, 4123.26, 4123.32, 4123.37, 4123.54,

4141.31, 4141.312, 4301.355, 4301.421, 4301.424,

4301.62, 4303.182, 4303.25, 4510.10, 4511.01,

4511.101, 4511.181, 4511.191, 4511.53, 4731.65,

4731.71, 4735.01, 4735.02, 4735.10, 4735.13,

4735.14, 4735.141, 4752.04, 4752.05, 4752.06,

4752.07, 4752.11, 4752.12, 4752.13, 4906.13,

4906.98, 4928.142, 4928.20, 4981.14, 5101.26,

5101.5211, 5101.5212, 5101.5213, 5101.5214,

5101.5215, 5101.571, 5101.572, 5101.58,

5101.80, 5104.02, 5111.032, 5111.084, 5111.091,

5111.31, 5111.94, 5111.941, 5112.31, 5112.37,

5123.0412, 5123.196, 5123.36, 5513.01, 5525.01,

5703.19, 5703.21, 5703.57, 5705.194, 5705.214,

5705.29, 5709.121, 5721.30, 5721.31, 5721.32,

5721.33, 5721.34, 5721.35, 5721.36, 5721.37,

5721.38, 5721.39, 5721.40, 5721.41, 5721.42,

5721.43, 5727.84, 5727.85, 5739.01, 5739.02,

5739.029, 5739.09, 5739.12, 5739.122, 5739.124,

5739.21, 5741.04, 5741.12, 5741.121, 5741.122,

5743.024, 5743.323, 5745.05, 5747.01, 5747.02,

5748.022, 5751.20, 5751.21, 6101.53, 6101.55,

6117.01, 6117.011, 6117.012, 6117.04, 6117.05,

6117.06, 6117.25, 6117.251, 6117.28, 6117.30,

6117.34, 6117.38, 6117.41, 6117.42, 6117.43,

6117.44, 6117.45, and 6117.49; to amend, for

the purpose of adopting new section numbers as

indicated in parentheses, sections 3323.31

(3323.33), 3323.32 (3323.34), 3323.33 (3323.35),

3353.20 (3333.81), 3353.21 (3333.82), 3353.22

(3333.83), 3353.26 (3333.85), 3353.27

(3333.86), 3353.28 (3333.87), and 3353.29

(3333.88); to enact new sections 3323.31 and

3323.32 and sections 107.19, 125.051, 133.52,

135.101, 135.102, 135.103, 135.104, 135.105,

135.106, 303.213, 321.262, 519.213, 713.081,

2907.10, 2943.033, 2949.094, 3107.018, 3310.42,

3314.37, 3314.40, 3318.033, 3318.034, 3318.90,

3326.45, 3326.51, 3333.58, 3333.84, 3365.15,

3925.101, 4303.041, 4735.142, 4905.84, 4906.20,

5101.143, 5104.041, 5111.0210, 5111.71,

5111.711, 5111.712, 5111.713, 5111.714,

5111.715, 5111.874, 5111.875, 5111.876,

5111.877, 5111.878, 5111.879, 5111.8710,

5112.371, 5123.0417, 5501.09, 5502.68, 5533.94,

5703.82, 5705.199, 5721.371, 5721.381,

5747.082, 5749.17, 6121.045, and 6123.042; to

repeal sections 124.821, 3314.086, 3317.161,

3353.23, 3353.24, 3353.25, 3353.30, 5111.88,

5111.881, 5111.882, 5111.883, 5111.884,

5111.885, 5111.886, 5111.887, 5111.888, 5111.889,

5111.8810, 5111.8811, 5111.8812, 5111.8813,

5111.8814, 5111.8815, 5111.8816, 5111.8817,

5112.311, and 5739.213 of the Revised Code; to

amend Sections 223.10 and 315.10 of Am. Sub.

H.B. 67 of the 127th General Assembly, to amend

Sections 203.50 and 209.10 of Am. Sub. H.B. 67

of the 127th General Assembly, as subsequently

amended, to amend Section 201.10 of Am. Sub.

H.B. 100 of the 127th General Assembly, to

amend Sections 207.20.50, 207.20.70, 207.30.10,

207.30.20, 207.30.30, 219.10, 235.10, 261.10,

100

263.10, 263.20.10, 263.20.80, 263.30.10,

101

269.30.30, 269.30.70, 269.40.50, 269.50.30,

102

275.10, 293.10, 299.10, 307.10, 309.10,

103

309.30.13, 309.30.30, 309.30.40, 309.30.41,

104

309.30.42, 309.40.33, 337.30, 337.30.43,

105

337.40, 337.40.15, 369.10, 379.10, 393.10,

106

405.10, 407.10, 512.03, 512.35, and 518.03 of

107

Am. Sub. H.B. 119 of the 127th General

108

Assembly, to amend Sections 249.10 and 375.10 of

109

Am. Sub. H.B. 119 of the 127th General Assembly,

110

as subsequently amended, to amend Sections

111

101.10, 103.80.50, 201.30, 201.50, 301.20.20,

112

301.20.80, 401.11, and 401.71 of H.B. 496 of

113

the 127th General Assembly; to repeal Section

114

5 of Am. Sub. H.B. 24 of the 127th General

115

Assembly and to repeal Section 375.80.10 of

116

Am. Sub. H.B. 119 of the 127th General

117

Assembly to make capital and other

118

appropriations and to provide authorization and

119

conditions for the operation of state programs.

120

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

Section 101.01. That sections 9.231, 9.24, 9.835, 105.41,	121
109.71, 113.061, 113.40, 117.11, 117.13, 117.38, 120.08,	122
121.31, 122.171, 125.02, 125.021, 125.022, 125.04, 125.041,	123
125.05, 125.06, 125.07, 125.18, 125.25, 127.16, 133.08,	124
135.61, 135.63, 135.65, 135.66, 145.47, 149.30, 156.02, 165.01,	125
165.03, 303.12, 303.211, 306.43, 307.697, 317.32, 319.301,	126
340.02, 340.021, 351.26, 519.12, 519.211, 715.73, 715.74,	127
901.42, 1332.04, 1333.61, 1346.03, 1751.01, 1751.04, 1751.05,	128
1751.11, 1751.111, 1751.12, 1751.13, 1751.15, 1751.16, 1751.17,	129
1751.18, 1751.20, 1751.31, 1751.34, 1751.53, 1751.60, 1751.89,	130
2743.49, 2744.05, 2903.213, 2903.214, 2915.101, 2919.26,	131
2921.13, 2923.11, 2935.01, 2935.03, 2949.092, 3111.04, 3113.06,	132
3113.31, 3119.023, 3119.54, 3301.0714, 3311.21, 3311.24,	133
3313.842, 3313.978, 3314.016, 3314.02, 3314.03, 3314.05,	134
3316.03, 3316.041, 3316.06, 3316.08, 3317.023, 3317.11,	135
3317.20, 3318.01, 3318.03, 3318.032, 3318.04, 3318.37,	136
3319.291, 3323.30, 3323.31, 3323.32, 3323.33, 3333.04,	137
3333.044, 3333.045, 3333.122, 3335.05, 3341.03, 3343.08,	138
3344.02, 3345.34, 3350.10, 3352.02, 3353.02, 3353.20, 3353.21,	139
3353.22, 3353.26, 3353.27, 3353.28, 3353.29, 3354.16, 3355.12,	140
3356.02, 3357.16, 3359.02, 3361.02, 3364.02, 3501.17, 3501.19,	141
3503.14, 3503.16, 3503.19, 3503.28, 3505.18, 3505.181, 3505.182,	142
3505.183, 3509.03, 3509.031, 3509.04, 3509.05, 3511.02, 3511.05,	143
3511.09, 3702.71, 3702.72, 3702.73, 3702.74, 3702.75, 3702.78,	144
3702.79, 3702.81, 3702.85, 3702.86, 3702.91, 3702.93,	145
3702.95, 3703.01, 3734.821, 3735.67, 3743.02, 3743.04,	146
3743.15, 3743.17, 3743.19, 3743.25, 3743.40, 3743.44, 3743.45,	147
3743.54, 3743.56, 3743.65, 3743.70, 3743.99, 3901.3814,	148
3905.40, 3923.281, 3923.443, 3961.04, 4112.12, 4117.14,	149
4117.15, 4123.26, 4123.32, 4123.37, 4123.54, 4141.31,	150
4141.312, 4301.355, 4301.421, 4301.424, 4301.62, 4303.182,	151
4303.25, 4510.10, 4511.01, 4511.101, 4511.181, 4511.191,	152
4511.53, 4731.65, 4731.71, 4735.01, 4735.02, 4735.10, 4735.13,	153
4735.14, 4735.141, 4752.04, 4752.05, 4752.06, 4752.07, 4752.11,	154
4752.12, 4752.13, 4906.13, 4906.98, 4928.142, 4928.20, 4981.14,	155
5101.26, 5101.5211, 5101.5212, 5101.5213, 5101.5214,	156
5101.5215, 5101.571, 5101.572, 5101.58, 5101.80, 5104.02,	157
5111.032, 5111.084, 5111.091, 5111.31, 5111.94, 5111.941,	158
5112.31, 5112.37, 5123.0412, 5123.196, 5123.36, 5513.01,	159
5525.01, 5703.19, 5703.21, 5703.57, 5705.194, 5705.214,	160
5705.29, 5709.121, 5721.30, 5721.31, 5721.32, 5721.33,	161
5721.34, 5721.35, 5721.36, 5721.37, 5721.38, 5721.39,	162
5721.40, 5721.41, 5721.42, 5721.43, 5727.84, 5727.85, 5739.01,	163
5739.02, 5739.029, 5739.09, 5739.12, 5739.122, 5739.124,	164
5739.21, 5741.04, 5741.12, 5741.121, 5741.122, 5743.024,	165
5743.323, 5745.05, 5747.01, 5747.02, 5748.022, 5751.20,	166
5751.21, 6101.53, 6101.55, 6117.01, 6117.011, 6117.012,	167
6117.04, 6117.05, 6117.06, 6117.25, 6117.251, 6117.28, 6117.30,	168
6117.34, 6117.38, 6117.41, 6117.42, 6117.43, 6117.44,	169
6117.45, and 6117.49 be amended; sections 3323.31 (3323.33),	170
3323.32 (3323.34), 3323.33 (3323.35), 3353.20 (3333.81),	171
3353.21 (3333.82), 3353.22 (3333.83), 3353.26 (3333.85),	172
3353.27 (3333.86), 3353.28 (3333.87), and 3353.29 (3333.88) be	173
amended for the purposes of adopting new section numbers as	174
indicated in parentheses; and new sections 3323.31 and 3323.32	175
and sections 107.19, 125.051, 133.52, 135.101, 135.102,	176
135.103, 135.104, 135.105, 135.106, 303.213, 321.262, 519.213,	177
713.081, 2907.10, 2943.033, 2949.094, 3107.018, 3310.42,	178
3314.37, 3314.40, 3318.033, 3318.034, 3318.90, 3326.45, 3326.51,	179
3333.58, 3333.84, 3365.15, 3925.101, 4303.041, 4735.142,	180
4905.84, 4906.20, 5101.143, 5104.041, 5111.0210, 5111.71,	181
5111.711, 5111.712, 5111.713, 5111.714, 5111.715, 5111.874,	182
5111.875, 5111.876, 5111.877, 5111.878, 5111.879, 5111.8710,	183
5112.371, 5123.0417, 5501.09, 5502.68, 5533.94, 5703.82,	184
5705.199, 5721.371, 5721.381, 5747.082, 5749.17, 6121.045, and	185
6123.042 of the Revised Code be enacted to read as follows:	186

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	187
this section, a governmental entity shall not disburse money	188
totaling twenty-five thousand dollars or more to any person for	189
the provision of services for the primary benefit of individuals	190
or the public and not for the primary benefit of a governmental	191
entity or the employees of a governmental entity, unless the	192
contracting authority of the governmental entity first enters into	193
a written contract with the person that is signed by the person or	194
by an officer or agent of the person authorized to legally bind	195
the person and that embodies all of the requirements and	196
conditions set forth in sections 9.23 to 9.236 of the Revised	197
Code. If the disbursement of money occurs over the course of a	198
governmental entity's fiscal year, rather than in a lump sum, the	199
contracting authority of the governmental entity shall enter into	200
the written contract with the person at the point during the	201
governmental entity's fiscal year that at least seventy-five	202
thousand dollars has been disbursed by the governmental entity to	203
the person. Thereafter, the contracting authority of the	204
governmental entity shall enter into the written contract with the	205
person at the beginning of the governmental entity's fiscal year,	206
if, during the immediately preceding fiscal year, the governmental	207
entity disbursed to that person an aggregate amount totaling at	208
least seventy-five thousand dollars.	209

(2) If the money referred to in division (A)(1) of this	210
section is disbursed by or through more than one state agency to	211
the person for the provision of services to the same population,	212
the contracting authorities of those agencies shall determine	213
which one of them will enter into the written contract with the	214
person.	215

(3) The requirements and conditions set forth in divisions	216
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	217
and (B) of section 9.234, divisions (A)(2) and (B) of section	218
9.235, and sections 9.233 and 9.236 of the Revised Code do not	219
apply with respect to the following:	220

(a) Contracts to which all of the following apply:

221

(i) The amount received for the services is a set fee for	222
each time the services are provided, is determined in accordance	223
with a fixed rate per unit of time or per service, or is a	224
capitated rate, and the fee or rate is established by competitive	225
bidding or by a market rate survey of similar services provided in	226
a defined market area. The market rate survey may be one conducted	227
by or on behalf of the governmental entity or an independent	228
survey accepted by the governmental entity as statistically valid	229
and reliable.	230

(ii) The services are provided in accordance with standards	231
established by state or federal law, or by rules or regulations	232
adopted thereunder, for their delivery, which standards are	233
enforced by the federal government, a governmental entity, or an	234
accrediting organization recognized by the federal government or a	235
governmental entity.	236

(iii) Payment for the services is made after the services are	237
delivered and upon submission to the governmental entity of an	238
invoice or other claim for payment as required by any applicable	239
local, state, or federal law or, if no such law applies, by the	240
terms of the contract.	241

(b) Contracts under which the services are reimbursed through	242
or in a manner consistent with a federal program that meets all of	243
the following requirements:	244

(i) The program calculates the reimbursement rate on the	245
basis of the previous year's experience or in accordance with an	246
alternative method set forth in rules adopted by the Ohio	247
department of job and family services.	248

(ii) The reimbursement rate is derived from a breakdown of	249
direct and indirect costs.	250

(iii) The program's guidelines describe types of expenditures	251
that are allowable and not allowable under the program and	252
delineate which costs are acceptable as direct costs for purposes	253
of calculating the reimbursement rate.	254

(iv) The program includes a uniform cost reporting system	255
with specific audit requirements.	256

(c) Contracts under which the services are reimbursed through	257
or in a manner consistent with a federal program that calculates	258
the reimbursement rate on a fee for service basis in compliance	259
with United States office of management and budget Circular A-87,	260
as revised May 10, 2004.	261

(d) Contracts for services that are paid pursuant to the	262
earmarking of an appropriation made by the general assembly for	263
that purpose.	264

(B) Division (A) of this section does not apply if the money	265
is disbursed to a person pursuant to a contract with the United	266
States or a governmental entity under any of the following	267
circumstances:	268

(1) The person receives the money directly or indirectly from	269
the United States, and no governmental entity exercises any	270
oversight or control over the use of the money.	271

(2) The person receives the money solely in return for the	272
performance of one or more of the following types of services:	273

(a) Medical, therapeutic, or other health-related services	274
provided by a person if the amount received is a set fee for each	275
time the person provides the services, is determined in accordance	276
with a fixed rate per unit of time, or is a capitated rate, and	277
the fee or rate is reasonable and customary in the person's trade	278
or profession;	279

(b) Medicaid-funded services, including administrative and	280
management services, provided pursuant to a contract or medicaid	281
provider agreement that meets the requirements of the medicaid	282
program established under Chapter 5111. of the Revised Code.	283

(c) Services, other than administrative or management	284
services or any of the services described in division (B)(2)(a) or	285
(b) of this section, that are commonly purchased by the public at	286
an hourly rate or at a set fee for each time the services are	287
provided, unless the services are performed for the benefit of	288
children, persons who are eligible for the services by reason of	289
advanced age, medical condition, or financial need, or persons who	290
are confined in a detention facility as defined in section 2921.01	291
of the Revised Code, and the services are intended to help promote	292
the health, safety, or welfare of those children or persons;	293

(d) Educational services provided by a school to children	294
eligible to attend that school. For purposes of division (B)(2)(d)	295
of this section, "school" means any school operated by a school	296
district board of education, any community school established	297
under Chapter 3314. of the Revised Code, or any nonpublic school	298
for which the state board of education prescribes minimum	299
education standards under section 3301.07 of the Revised Code.	300

(e) Services provided by a foster home as defined in section	301
5103.02 of the Revised Code;	302

(f) "Routine business services other than administrative or	303
management services," as that term is defined by the attorney	304
general by rule adopted in accordance with Chapter 119. of the	305
Revised Code;	306

(g) Services to protect the environment or promote	307
environmental education that are provided by a nonprofit entity or	308
services to protect the environment that are funded with federal	309
grants or revolving loan funds and administered in accordance with	310
federal law;	311

(h) Services, including administrative and management	312
services, provided under the children's buy-in program established	313
under sections 5101.5211 to 5101.5216 of the Revised Code.	314

(3) The person receives the money solely in return for the	315
performance of services intended to help preserve public health or	316
safety under circumstances requiring immediate action as a result	317
of a natural or man-made emergency.	318

(C) With respect to a nonprofit association, corporation, or	319
organization established for the purpose of providing educational,	320
technical, consulting, training, financial, or other services to	321
its members in exchange for membership dues and other fees, any of	322
the services provided to a member that is a governmental entity	323
shall, for purposes of this section, be considered services "for	324
the primary benefit of a governmental entity or the employees of a	325
governmental entity.	326

Sec. 9.24. (A) Except as may be allowed under division (F) of	327
this section, no state agency and no political subdivision shall	328
award a contract as described in division (G)(1) of this section	329
for goods, services, or construction, paid for in whole or in part	330
with state funds, to a person against whom a finding for recovery	331
has been issued by the auditor of state on and after January 1,	332
2001, if the finding for recovery is unresolved.	333

A contract is considered to be awarded when it is entered	334
into or executed, irrespective of whether the parties to the	335
contract have exchanged any money.	336

(B) For purposes of this section, a finding for recovery is	337
unresolved unless one of the following criteria applies:	338

(1) The money identified in the finding for recovery is paid	339
in full to the state agency or political subdivision to whom the	340
money was owed;	341

(2) The debtor has entered into a repayment plan that is	342
approved by the attorney general and the state agency or political	343
subdivision to whom the money identified in the finding for	344
recovery is owed. A repayment plan may include a provision	345
permitting a state agency or political subdivision to withhold	346
payment to a debtor for goods, services, or construction provided	347
to or for the state agency or political subdivision pursuant to a	348
contract that is entered into with the debtor after the date the	349
finding for recovery was issued.	350

(3) The attorney general waives a repayment plan described in	351
division (B)(2) of this section for good cause;	352

(4) The debtor and state agency or political subdivision to	353
whom the money identified in the finding for recovery is owed have	354
agreed to a payment plan established through an enforceable	355
settlement agreement.	356

(5) The state agency or political subdivision desiring to	357
enter into a contract with a debtor certifies, and the attorney	358
general concurs, that all of the following are true:	359

(a) Essential services the state agency or political	360
subdivision is seeking to obtain from the debtor cannot be	361
provided by any other person besides the debtor;	362

(b) Awarding a contract to the debtor for the essential	363
services described in division (B)(5)(a) of this section is in the	364
best interest of the state;	365

(c) Good faith efforts have been made to collect the money	366
identified in the finding of recovery.	367

(6) The debtor has commenced an action to contest the finding	368
for recovery and a final determination on the action has not yet	369
been reached.	370

(C) The attorney general shall submit an initial report to	371
the auditor of state, not later than December 1, 2003, indicating	372
the status of collection for all findings for recovery issued by	373
the auditor of state for calendar years 2001, 2002, and 2003.	374
Beginning on January 1, 2004, the attorney general shall submit to	375
the auditor of state, on the first day of every January, April,	376
July, and October, a list of all findings for recovery that have	377
been resolved in accordance with division (B) of this section	378
during the calendar quarter preceding the submission of the list	379
and a description of the means of resolution. The attorney general	380
shall notify the auditor of state when a judgment is issued	381
against an entity described in division (F)(1) of this section.	382

(D) The auditor of state shall maintain a database,	383
accessible to the public, listing persons against whom an	384
unresolved finding for recovery has been issued, and the amount of	385
the money identified in the unresolved finding for recovery. The	386
auditor of state shall have this database operational on or before	387
January 1, 2004. The initial database shall contain the	388
information required under this division for calendar years 2001,	389
2002, and 2003.	390

Beginning January 15, 2004, the auditor of state shall update	391
the database by the fifteenth day of every January, April, July,	392
and October to reflect resolved findings for recovery that are	393
reported to the auditor of state by the attorney general on the	394
first day of the same month pursuant to division (C) of this	395
section.	396

(E) Before awarding a contract as described in division	397
(G)(1) of this section for goods, services, or construction, paid	398
for in whole or in part with state funds, a state agency or	399
political subdivision shall verify that the person to whom the	400
state agency or political subdivision plans to award the contract	401
has no unresolved finding for recovery issued against the person.	402
A state agency or political subdivision shall verify that the	403
person does not appear in the database described in division (D)	404
of this section or shall obtain other proof that the person has no	405
unresolved finding for recovery issued against the person.	406

(F) The prohibition of division (A) of this section and the	407
requirement of division (E) of this section do not apply with	408
respect to the companies, payments, or agreements described in	409
divisions (F)(1) and (2) of this section, or in the circumstance	410
described in division (F)(3) of this section.	411

(1) A bonding company or a company authorized to transact the	412
business of insurance in this state, a self-insurance pool, joint	413
self-insurance pool, risk management program, or joint risk	414
management program, unless a court has entered a final judgment	415
against the company and the company has not yet satisfied the	416
final judgment.	417

(2) To medicaid provider agreements under Chapter 5111. of	418
the Revised Code or, payments or provider agreements under	419
disability assistance medical assistance established under Chapter	420
5115. of the Revised Code, or payments or provider agreements	421
under the children's buy-in program established under sections	422
5101.5211 to 5101.5216 of the Revised Code.	423

(3) When federal law dictates that a specified entity provide	424
the goods, services, or construction for which a contract is being	425
awarded, regardless of whether that entity would otherwise be	426
prohibited from entering into the contract pursuant to this	427
section.	428

(G)(1) This section applies only to contracts for goods,	429
services, or construction that satisfy the criteria in either	430
division (G)(1)(a) or (b) of this section. This section may apply	431
to contracts for goods, services, or construction that satisfy the	432
criteria in division (G)(1)(c) of this section, provided that the	433
contracts also satisfy the criteria in either division (G)(1)(a)	434
or (b) of this section.	435

(a) The cost for the goods, services, or construction	436
provided under the contract is estimated to exceed twenty-five	437
thousand dollars.	438

(b) The aggregate cost for the goods, services, or	439
construction provided under multiple contracts entered into by the	440
particular state agency and a single person or the particular	441
political subdivision and a single person within the fiscal year	442
preceding the fiscal year within which a contract is being entered	443
into by that same state agency and the same single person or the	444
same political subdivision and the same single person, exceeded	445
fifty thousand dollars.	446

(c) The contract is a renewal of a contract previously	447
entered into and renewed pursuant to that preceding contract.	448

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

449

(H) As used in this section:

450

(1) "State agency" has the same meaning as in section 9.66 of	451
the Revised Code.	452

(2) "Political subdivision" means a political subdivision as	453
defined in section 9.82 of the Revised Code that has received more	454
than fifty thousand dollars of state money in the current fiscal	455
year or the preceding fiscal year.	456

(3) "Finding for recovery" means a determination issued by	457
the auditor of state, contained in a report the auditor of state	458
gives to the attorney general pursuant to section 117.28 of the	459
Revised Code, that public money has been illegally expended,	460
public money has been collected but not been accounted for, public	461
money is due but has not been collected, or public property has	462
been converted or misappropriated.	463

(4) "Debtor" means a person against whom a finding for	464
recovery has been issued.	465

(5) "Person" means the person named in the finding for	466
recovery.	467

(6) "State money" does not include funds the state receives	468
from another source and passes through to a political	469
subdivision.	470

Sec. 9.835. (A) As used in this section:

471

(1) "Energy price risk management contract" means a contract	472
that ~~mitigates~~is intended to mitigate, for the term of the	473
contract, the price volatility of energy sources, including, but	474
not limited to, a contract or futures contract for natural gas,	475
gasoline, oil, and diesel fuel, and that is a budgetary and	476
financial tool only and not a contract for the procurement of an	477
energy source.	478

(2) "Political subdivision" means a county, city, village,	479
township, park district, or school district, or regional transit	480
authority.	481

(3) "State entity" means the general assembly, the supreme	482
court, the court of claims, the office of an elected state	483
officer, or a department, bureau, board, office, commission,	484
agency, institution, or other instrumentality of this state	485
established by the constitution or laws of this state for the	486
exercise of any function of state government, but excludes a	487
political subdivision, an institution of higher education, the	488
public employees retirement system, the Ohio police and fire	489
pension fund, the state teachers retirement system, the school	490
employees retirement system, the state highway patrol retirement	491
system, or the city of Cincinnati retirement system.	492

(4) "State official" means the elected or appointed official,	493
or that person's designee, charged with the management of a state	494
entity.	495

(B) If it determines that doing so is in the best interest of	496
the state entity or the political subdivision, and subject to,	497
respectively, state or local appropriation to pay amounts due, a	498
state official or the legislative or other governing authority of	499
a political subdivision may enter into an energy price risk	500
management contract. Money received pursuant to such a contract	501
entered into by a state official shall be deposited to the	502
credit of the general revenue fund of this state, and, unless	503
otherwise provided by ordinance or resolution enacted or adopted	504
by the legislative authority of the political subdivision	505
authorizing any such contract, money received under the contract	506
shall be deposited to the credit of the general fund of the	507
political subdivision.	508

(C) An energy price risk management contract is not an	509
investment for the purposes of section 135.14 of the Revised Code.	510

Sec. 105.41. (A) There is hereby created the capitol square	511
review and advisory board, consisting of thirteen members as	512
follows:	513

(1) Two members of the senate, appointed by the president of	514
the senate, both of whom shall not be members of the same	515
political party;	516

(2) Two members of the house of representatives, appointed by	517
the speaker of the house of representatives, both of whom shall	518
not be members of the same political party;	519

(3) Five members appointed by the governor, with the advice	520
and consent of the senate, not more than three of whom shall be	521
members of the same political party, one of whom shall ~~represent~~	522
~~the office of the state architect and engineer~~be the chief of	523
staff of the governor's office, one of whom shall represent the	524
Ohio arts council, one of whom shall represent the Ohio historical	525
society, one of whom shall represent the Ohio building authority,	526
and one of whom shall represent the public at large;	527

(4) One member, who shall be a former president of the	528
senate, appointed by the current president of the senate. If the	529
current president of the senate, in the current president's	530
discretion, decides for any reason not to make the appointment or	531
if no person is eligible or available to serve, the seat shall	532
remain vacant.	533

(5) One member, who shall be a former speaker of the house of	534
representatives, appointed by the current speaker of the house of	535
representatives. If the current speaker of the house of	536
representatives, in the current speaker's discretion, decides for	537
any reason not to make the appointment or if no person is eligible	538
or available to serve, the seat shall remain vacant.	539

(6) The clerk of the senate and the clerk of the house of	540
representatives.	541

(B) Terms of office of each appointed member of the board	542
shall be for three years, except that members of the general	543
assembly appointed to the board shall be members of the board only	544
so long as they are members of the general assembly and the chief	545
of staff of the governor's office shall be a member of the board	546
only so long as the appointing governor remains in office. Each	547
member shall hold office from the date of the member's appointment	548
until the end of the term for which the member was appointed. In	549
case of a vacancy occurring on the board, the president of the	550
senate, the speaker of the house of representatives, or the	551
governor, as the case may be, shall in the same manner prescribed	552
for the regular appointment to the commission, fill the vacancy	553
by appointing a member. Any member appointed to fill a vacancy	554
occurring prior to the expiration of the term for which the	555
member's predecessor was appointed shall hold office for the	556
remainder of the term. Any appointed member shall continue in	557
office subsequent to the expiration date of the member's term	558
until the member's successor takes office, or until a period of	559
sixty days has elapsed, whichever occurs first.	560

(C) The board shall hold meetings in a manner and at times	561
prescribed by the rules adopted by the board. A majority of the	562
board constitutes a quorum, and no action shall be taken by the	563
board unless approved by at least six members or by at least seven	564
members if a person is appointed under division (A)(4) or (5) of	565
this section. At its first meeting, the board shall adopt rules	566
for the conduct of its business and the election of its officers,	567
and shall organize by selecting a chairperson and other officers	568
as it considers necessary. Board members shall serve without	569
compensation but shall be reimbursed for actual and necessary	570
expenses incurred in the performance of their duties.	571

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

572

(1) Employ or hire on a consulting basis professional,	573
technical, and clerical employees as are necessary for the	574
performance of its duties;	575

(2) Hold public hearings at times and places as determined by	576
the board;	577

(3) Adopt, amend, or rescind rules necessary to accomplish	578
the duties of the board as set forth in this section;	579

(4) Sponsor, conduct, and support such social events as the	580
board may authorize and consider appropriate for the employees of	581
the board, employees and members of the general assembly,	582
employees of persons under contract with the board or otherwise	583
engaged to perform services on the premises of capitol square, or	584
other persons as the board may consider appropriate. Subject to	585
the requirements of Chapter 4303. of the Revised Code, the board	586
may provide beer, wine, and intoxicating liquor, with or without	587
charge, for those events and may use funds only from the sale of	588
goods and services fund to purchase the beer, wine, and	589
intoxicating liquor the board provides;	590

(5) Purchase a warehouse in which to store items of the	591
capitol collection trust and, whenever necessary, equipment or	592
other property of the board.	593

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

594

(1) Have sole authority to coordinate and approve any	595
improvements, additions, and renovations that are made to the	596
capitol square. The improvements shall include, but not be limited	597
to, the placement of monuments and sculpture on the capitol	598
grounds.	599

(2) Subject to section 3353.07 of the Revised Code, operate	600
the capitol square, and have sole authority to regulate all uses	601
of the capitol square. The uses shall include, but not be limited	602
to, the casual and recreational use of the capitol square.	603

(3) Employ, fix the compensation of, and prescribe the duties	604
of the executive director of the board and other employees the	605
board considers necessary for the performance of its powers and	606
duties;	607

(4) Establish and maintain the capitol collection trust. The	608
capitol collection trust shall consist of furniture, antiques, and	609
other items of personal property that the board shall store in	610
suitable facilities until they are ready to be ~~placed~~displayed in	611
the capitol square.	612

(5) Perform repair, construction, contracting, purchasing,	613
maintenance, supervisory, and operating activities the board	614
determines are necessary for the operation and maintenance of the	615
capitol square;	616

(6) Maintain and preserve the capitol square, in accordance	617
with guidelines issued by the United States secretary of the	618
interior for application of the secretary's standards for	619
rehabilitation adopted in 36 C.F.R. part 67;	620

(7) Plan and develop a center at the capitol building for the	621
purpose of educating visitors about the history of Ohio, including	622
its political, economic, and social development and the design and	623
erection of the capitol building and its grounds.	624

(F)(1) The board shall lease capital facilities improved or	625
financed by the Ohio building authority pursuant to Chapter 152.	626
of the Revised Code for the use of the board, and may enter into	627
any other agreements with the authority ancillary to improvement,	628
financing, or leasing of those capital facilities, including, but	629
not limited to, any agreement required by the applicable bond	630
proceedings authorized by Chapter 152. of the Revised Code. Any	631
lease of capital facilities authorized by this section shall be	632
governed by division (D) of section 152.24 of the Revised Code.	633

(2) Fees, receipts, and revenues received by the board from	634
the state underground parking garage constitute available receipts	635
as defined in section 152.09 of the Revised Code, and may be	636
pledged to the payment of bond service charges on obligations	637
issued by the Ohio building authority pursuant to Chapter 152. of	638
the Revised Code to improve or, finance, or purchase capital	639
facilities useful to the board. The authority may, with the	640
consent of the board, provide in the bond proceedings for a pledge	641
of all or a portion of those fees, receipts, and revenues as the	642
authority determines. The authority may provide in the bond	643
proceedings or by separate agreement with the board for the	644
transfer of those fees, receipts, and revenues to the appropriate	645
bond service fund or bond service reserve fund as required to pay	646
the bond service charges when due, and any such provision for the	647
transfer of those fees, receipts, and revenues shall be	648
controlling notwithstanding any other provision of law pertaining	649
to those fees, receipts, and revenues.	650

(3) All moneys received by the treasurer of state on account	651
of the board and required by the applicable bond proceedings or by	652
separate agreement with the board to be deposited, transferred, or	653
credited to the bond service fund or bond service reserve fund	654
established by the bond proceedings shall be transferred by the	655
treasurer of state to such fund, whether or not it is in the	656
custody of the treasurer of state, without necessity for further	657
appropriation, upon receipt of notice from the Ohio building	658
authority as prescribed in the bond proceedings.	659

(G) All fees, receipts, and revenues received by the board	660
from the state underground parking garage shall be deposited into	661
the state treasury to the credit of the underground parking garage	662
operating fund, which is hereby created, to be used for the	663
purposes specified in division (F) of this section and for the	664
operation and maintenance of the garage. All investment earnings	665
of the fund shall be credited to the fund.	666

(H) All donations received by the board shall be deposited	667
into the state treasury to the credit of the capitol square	668
renovation gift fund, which is hereby created. The fund shall be	669
used by the board as follows:	670

(1) To provide part or all of the funding related to	671
construction, goods, or services for the renovation of the capitol	672
square;	673

(2) To purchase art, antiques, and artifacts for display at	674
the capitol square;	675

(3) To award contracts or make grants to organizations for	676
educating the public regarding the historical background and	677
governmental functions of the capitol square. Chapters 125., 127.,	678
and 153. and section 3517.13 of the Revised Code do not apply to	679
purchases made exclusively from the fund, notwithstanding anything	680
to the contrary in those chapters or that section. All investment	681
earnings of the fund shall be credited to the fund.	682

(I) Except as provided in divisions (G), (H), and (J) of this	683
section, all fees, receipts, and revenues received by the board	684
shall be deposited into the state treasury to the credit of the	685
sale of goods and services fund, which is hereby created. Money	686
credited to the fund shall be used solely to pay costs of the	687
board other than those specified in divisions (F) and (G) of this	688
section. All investment earnings of the fund shall be credited to	689
the fund.	690

(J) There is hereby created in the state treasury the capitol	691
square improvement fund, to be used by the board to pay	692
construction, renovation, and other costs related to the capitol	693
square for which money is not otherwise available to the board.	694
Whenever the board determines that there is a need to incur those	695
costs and that the unencumbered, unobligated balance to the credit	696
of the underground parking garage operating fund exceeds the	697
amount needed for the purposes specified in division (F) of this	698
section and for the operation and maintenance of the garage, the	699
board may request the director of budget and management to	700
transfer from the underground parking garage operating fund to the	701
capitol square improvement fund the amount needed to pay such	702
construction, renovation, or other costs. The director then shall	703
transfer the amount needed from the excess balance of the	704
underground parking garage operating fund.	705

(K) As the operation and maintenance of the capitol square	706
constitute essential government functions of a public purpose, the	707
board shall not be required to pay taxes or assessments upon the	708
square, upon any property acquired or used by the board under this	709
section, or upon any income generated by the operation of the	710
square.	711

(L) As used in this section, "capitol square" means the	712
capitol building, senate building, capitol atrium, capitol	713
grounds, ~~and~~ the state underground parking garage, and the	714
warehouse owned by the board.	715

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

716

Sec. 107.19. The governor shall have no power to issue any	717
executive order that has previously been issued and that the	718
federal trade commission, office of policy planning, bureau of	719
economics, and bureau of competition has opined is	720
anti-competitive and is in violation of anti-trust laws. Any such	721
executive order shall be considered invalid and unenforceable.	722

Sec. 109.71. There is hereby created in the office of the	723
attorney general the Ohio peace officer training commission. The	724
commission shall consist of nine members appointed by the governor	725
with the advice and consent of the senate and selected as follows:	726
one member representing the public; two members who are incumbent	727
sheriffs; two members who are incumbent chiefs of police; one	728
member from the bureau of criminal identification and	729
investigation; one member from the state highway patrol; one	730
member who is the special agent in charge of a field office of the	731
federal bureau of investigation in this state; and one member from	732
the department of education, trade and industrial education	733
services, law enforcement training.	734

This section does not confer any arrest authority or any	735
ability or authority to detain a person, write or issue any	736
citation, or provide any disposition alternative, as granted under	737
Chapter 2935. of the Revised Code.	738

As used in sections 109.71 to 109.801 of the Revised Code:

739

(A) "Peace officer" means:

740

(1) A deputy sheriff, marshal, deputy marshal, member of the	741
organized police department of a township or municipal	742
corporation, member of a township police district or joint	743
township police district police force, member of a police force	744
employed by a metropolitan housing authority under division (D) of	745
section 3735.31 of the Revised Code, or township constable, who is	746
commissioned and employed as a peace officer by a political	747
subdivision of this state or by a metropolitan housing authority,	748
and whose primary duties are to preserve the peace, to protect	749
life and property, and to enforce the laws of this state,	750
ordinances of a municipal corporation, resolutions of a township,	751
or regulations of a board of county commissioners or board of	752
township trustees, or any of those laws, ordinances, resolutions,	753
or regulations;	754

(2) A police officer who is employed by a railroad company	755
and appointed and commissioned by the secretary of state pursuant	756
to sections 4973.17 to 4973.22 of the Revised Code;	757

(3) Employees of the department of taxation engaged in the	758
enforcement of Chapter 5743. of the Revised Code and designated by	759
the tax commissioner for peace officer training for purposes of	760
the delegation of investigation powers under section 5743.45 of	761
the Revised Code;	762

(4) An undercover drug agent;

763

(5) Enforcement agents of the department of public safety	764
whom the director of public safety designates under section	765
5502.14 of the Revised Code;	766

(6) An employee of the department of natural resources who is	767
a natural resources law enforcement staff officer designated	768
pursuant to section 1501.013, a park officer designated pursuant	769
to section 1541.10, a forest officer designated pursuant to	770
section 1503.29, a preserve officer designated pursuant to section	771
1517.10, a wildlife officer designated pursuant to section	772
1531.13, or a state watercraft officer designated pursuant to	773
section 1547.521 of the Revised Code;	774

(7) An employee of a park district who is designated pursuant	775
to section 511.232 or 1545.13 of the Revised Code;	776

(8) An employee of a conservancy district who is designated	777
pursuant to section 6101.75 of the Revised Code;	778

(9) A police officer who is employed by a hospital that	779
employs and maintains its own proprietary police department or	780
security department, and who is appointed and commissioned by the	781
secretary of state pursuant to sections 4973.17 to 4973.22 of the	782
Revised Code;	783

(10) Veterans' homes police officers designated under section	784
5907.02 of the Revised Code;	785

(11) A police officer who is employed by a qualified	786
nonprofit corporation police department pursuant to section	787
1702.80 of the Revised Code;	788

(12) A state university law enforcement officer appointed	789
under section 3345.04 of the Revised Code or a person serving as a	790
state university law enforcement officer on a permanent basis on	791
June 19, 1978, who has been awarded a certificate by the executive	792
director of the Ohio peace officer training commission attesting	793
to the person's satisfactory completion of an approved state,	794
county, municipal, or department of natural resources peace	795
officer basic training program;	796

(13) A special police officer employed by the department of	797
mental health pursuant to section 5119.14 of the Revised Code or	798
the department of mental retardation and developmental	799
disabilities pursuant to section 5123.13 of the Revised Code;	800

(14) A member of a campus police department appointed under	801
section 1713.50 of the Revised Code;	802

(15) A member of a police force employed by a regional	803
transit authority under division (Y) of section 306.35 of the	804
Revised Code;	805

(16) Investigators appointed by the auditor of state pursuant	806
to section 117.091 of the Revised Code and engaged in the	807
enforcement of Chapter 117. of the Revised Code;	808

(17) A special police officer designated by the	809
superintendent of the state highway patrol pursuant to section	810
5503.09 of the Revised Code or a person who was serving as a	811
special police officer pursuant to that section on a permanent	812
basis on October 21, 1997, and who has been awarded a certificate	813
by the executive director of the Ohio peace officer training	814
commission attesting to the person's satisfactory completion of an	815
approved state, county, municipal, or department of natural	816
resources peace officer basic training program;	817

(18) A special police officer employed by a port authority	818
under section 4582.04 or 4582.28 of the Revised Code or a person	819
serving as a special police officer employed by a port authority	820
on a permanent basis on May 17, 2000, who has been awarded a	821
certificate by the executive director of the Ohio peace officer	822
training commission attesting to the person's satisfactory	823
completion of an approved state, county, municipal, or department	824
of natural resources peace officer basic training program;	825

(19) A special police officer employed by a municipal	826
corporation who has been awarded a certificate by the executive	827
director of the Ohio peace officer training commission for	828
satisfactory completion of an approved peace officer basic	829
training program and who is employed on a permanent basis on or	830
after March 19, 2003, at a municipal airport, or other municipal	831
air navigation facility, that has scheduled operations, as defined	832
in section 119.3 of Title 14 of the Code of Federal Regulations,	833
14 C.F.R. 119.3, as amended, and that is required to be under a	834
security program and is governed by aviation security rules of the	835
transportation security administration of the United States	836
department of transportation as provided in Parts 1542. and 1544.	837
of Title 49 of the Code of Federal Regulations, as amended;	838

(20) A police officer who is employed by an owner or operator	839
of an amusement park that has an average yearly attendance in	840
excess of six hundred thousand guests and that employs and	841
maintains its own proprietary police department or security	842
department, and who is appointed and commissioned by a judge of	843
the appropriate municipal court or county court pursuant to	844
section 4973.17 of the Revised Code;	845

(21) A police officer who is employed by a bank, savings and	846
loan association, savings bank, credit union, or association of	847
banks, savings and loan associations, savings banks, or credit	848
unions, who has been appointed and commissioned by the secretary	849
of state pursuant to sections 4973.17 to 4973.22 of the Revised	850
Code, and who has been awarded a certificate by the executive	851
director of the Ohio peace officer training commission attesting	852
to the person's satisfactory completion of a state, county,	853
municipal, or department of natural resources peace officer basic	854
training program;	855

(22) An investigator, as defined in section 109.541 of the	856
Revised Code, of the bureau of criminal identification and	857
investigation who is commissioned by the superintendent of the	858
bureau as a special agent for the purpose of assisting law	859
enforcement officers or providing emergency assistance to peace	860
officers pursuant to authority granted under that section;	861

(23) A state fire marshal law enforcement officer appointed	862
under section 3737.22 of the Revised Code or a person serving as a	863
state fire marshal law enforcement officer on a permanent basis on	864
or after July 1, 1982, who has been awarded a certificate by the	865
executive director of the Ohio peace officer training commission	866
attesting to the person's satisfactory completion of an approved	867
state, county, municipal, or department of natural resources peace	868
officer basic training program.	869

(B) "Undercover drug agent" has the same meaning as in	870
division (B)(2) of section 109.79 of the Revised Code.	871

(C) "Crisis intervention training" means training in the use	872
of interpersonal and communication skills to most effectively and	873
sensitively interview victims of rape.	874

(D) "Missing children" has the same meaning as in section	875
2901.30 of the Revised Code.	876

Sec. 113.061. The treasurer of state shall adopt rules in	877
accordance with Chapter 119. of the Revised Code governing the	878
remittance of taxes by electronic funds transfer as required under	879
sections 5727.311, 5727.83, 5733.022, 5735.062, 5739.032,	880
~~5739.122, 5741.121,~~ 5745.04, and 5747.072 of the Revised Code and	881
any other section of the Revised Code under which a person is	882
required to remit taxes by electronic funds transfer. The rules	883
shall govern the modes of electronic funds transfer acceptable to	884
the treasurer of state and under what circumstances each mode is	885
acceptable, the content and format of electronic funds transfers,	886
the coordination of payment by electronic funds transfer and	887
filing of associated tax reports and returns, the remittance of	888
taxes by means other than electronic funds transfer by persons	889
otherwise required to do so but relieved of the requirement by the	890
treasurer of state, and any other matter that in the opinion of	891
the treasurer of state facilitates payment by electronic funds	892
transfer in a manner consistent with those sections.	893

Upon failure by a person, if so required, to remit taxes by	894
electronic funds transfer in the manner prescribed under section	895
5727.83, 5733.022, 5735.062, 5739.032, ~~5739.122, 5741.121,~~	896
5745.04, or 5747.072 of the Revised Code and rules adopted under	897
this section, the treasurer of state shall notify the tax	898
commissioner of such failure if the treasurer of state determines	899
that such failure was not due to reasonable cause or was due to	900
willful neglect, and shall provide the tax commissioner with any	901
information used in making that determination. The tax	902
commissioner may assess an additional charge as specified in the	903
respective section of the Revised Code governing the requirement	904
to remit taxes by electronic funds transfer.	905

The treasurer of state may implement means of acknowledging,	906
upon the request of a taxpayer, receipt of tax remittances made by	907
electronic funds transfer, and may adopt rules governing	908
acknowledgments. The cost of acknowledging receipt of electronic	909
remittances shall be paid by the person requesting acknowledgment.	910

The treasurer of state, not the tax commissioner, is	911
responsible for resolving any problems involving electronic funds	912
transfer transmissions.	913

Sec. 113.40. (A) As used in this section:

914

(1) "Financial transaction device" includes a credit card,	915
debit card, charge card, prepaid or stored value card, or	916
automated clearinghouse network credit, debit, or e-check entry	917
that includes, but is not limited to, accounts receivable and	918
internet-initiated, point of purchase, and telephone-initiated	919
applications, or any other device or method for making an	920
electronic payment or transfer of funds.	921

(2) "State expenses" includes fees, costs, taxes,	922
assessments, fines, penalties, payments, or any other expense a	923
person owes to a state office under the authority of a state	924
elected official or to a state entity.	925

(3) "State elected official" means the governor, lieutenant	926
governor, attorney general, secretary of state, treasurer of	927
state, and auditor of state.	928

(4) "State entity" includes any state department, agency,	929
board, or commission that deposits funds into the state treasury.	930

(B) Notwithstanding any other section of the Revised Code and	931
subject to division (D) of this section, the board of deposit may	932
adopt a resolution authorizing the acceptance of payments by	933
financial transaction device to pay for state expenses. The	934
resolution shall include all of the following:	935

(1) A designation of those state elected officials and state	936
entities authorized to accept payments by financial transaction	937
device;	938

(2) A list of state expenses that may be paid by the use of a	939
financial transaction device;	940

(3) Specific identification of financial transaction devices	941
that a state elected official or state entity may authorize as	942
acceptable means of payment for state expenses. Division (B)(3)	943
of this section does not require that the same financial	944
transaction devices be accepted for the payment of different types	945
of state expenses.	946

(4) The amount, if any, authorized as a surcharge or	947
convenience fee under division (E) of this section for persons	948
using a financial transaction device. Division (B)(4) of this	949
section does not require that the same surcharges or convenience	950
fees be applied to the payment of different types of state	951
expenses.	952

(5) A specific requirement, as provided in division (G) of	953
this section, for the payment of a penalty if a payment made by	954
means of a financial transaction device is returned or dishonored	955
for any reason.	956

The board of deposit's resolution also shall designate the	957
treasurer of state as the administrative agent to solicit	958
proposals, within guidelines established by the board of deposit	959
in the resolution and in compliance with the procedures provided	960
in division (C) of this section, from financial institutions,	961
issuers of financial transaction devices, and processors of	962
financial transaction devices; to make recommendations about those	963
proposals to the state elected officials; and to assist state	964
offices in implementing the state's financial transaction device	965
acceptance and processing program.	966

(C) The administrative agent shall follow the procedures	967
provided in this division whenever it plans to contract with	968
financial institutions, issuers of financial transaction devices,	969
or processors of financial transaction devices for the purposes of	970
this section. The administrative agent shall request proposals	971
from at least three financial institutions, issuers of financial	972
transaction devices, or processors of financial transaction	973
devices, as appropriate in accordance with the resolution adopted	974
under division (B) of this section. Prior to sending any	975
financial institution, issuer, or processor a copy of any such	976
request, the administrative agent shall advertise its intent to	977
request proposals in a newspaper of general circulation in the	978
state once a week for two consecutive weeks. The notice shall	979
state that the administrative agent intends to request proposals;	980
specify the purpose of the request; indicate the date, which shall	981
be at least ten days after the second publication, on which the	982
request for proposals will be mailed to financial institutions,	983
issuers, or processors; and require that any financial	984
institution, issuer, or processor, whichever is appropriate,	985
interested in receiving the request for proposals submit written	986
notice of this interest to the administrative agent not later than	987
noon of the day on which the request for proposals will be mailed.	988

Upon receiving the proposals, the administrative agent shall	989
review them and make a recommendation to the board of deposit	990
regarding which proposals to accept. The board of deposit shall	991
consider the agent's recommendation and review all proposals	992
submitted, and then may choose to contract with any or all of the	993
entities submitting proposals, as appropriate. The board of	994
deposit shall provide any financial institution, issuer, or	995
processor that submitted a proposal, but with which the board does	996
not enter into a contract, notice that its proposal is rejected.	997

(D) The board of deposit shall send a copy of the resolution	998
adopted under division (B) of this section to each state elected	999
official and state entity authorized to accept payments for state	1000
expenses by financial transaction device. After receiving the	1001
resolution and before accepting such payments by financial	1002
transaction device, such a state elected official or state entity	1003
shall provide written notification to the administrative agent of	1004
the official's or entity's intent to implement the resolution	1005
within the official's or entity's office. Each state office or	1006
entity subject to the board's resolution adopted under division	1007
(B) of this section shall use only the financial institutions,	1008
issuers of financial transaction devices, and processors of	1009
financial transaction devices with which the board of deposit	1010
contracts, and each such office or entity is subject to the terms	1011
of those contracts.	1012

If a state entity under the authority of a state elected	1013
official is directly responsible for collecting one or more state	1014
expenses and the state elected official determines not to accept	1015
payments by financial transaction device for one or more of those	1016
expenses, the office is not required to accept payments by	1017
financial transaction device for those expenses, notwithstanding	1018
the adoption of a resolution by the board of deposit under	1019
division (B) of this section.	1020

Any state entity that prior to March 18, 1999, accepted	1021
financial transaction devices may continue to accept such devices	1022
until June 30, 2000, without being subject to any resolution	1023
adopted by the board of deposit under division (B) of this	1024
section, or any other oversight by the board of the entity's	1025
financial transaction device program. Any such entity may use	1026
surcharges or convenience fees in any manner the state elected	1027
official or other official in charge of the entity determines to	1028
be appropriate, and, if the administrative agent consents, may	1029
appoint the administrative agent to be the entity's administrative	1030
agent for purposes of accepting financial transaction devices. In	1031
order to be exempt from the resolution of the board of deposit	1032
under division (B) of this section, a state entity shall notify	1033
the board in writing within thirty days after March 18, 1999, that	1034
it accepted financial transaction devices prior to March 18, 1999.	1035
Each such notification shall explain how processing costs	1036
associated with financial transaction devices are being paid and	1037
shall indicate whether surcharge or convenience fees are being	1038
passed on to consumers.	1039

(E) The board of deposit may establish a surcharge or	1040
convenience fee that may be imposed upon a person making payment	1041
by a financial transaction device. The surcharge or convenience	1042
fee shall not be imposed unless authorized or otherwise permitted	1043
by the rules prescribed under a contract, between the financial	1044
institution, issuer, or processor and the administrative agent,	1045
governing the use and acceptance of the financial transaction	1046
device.	1047

The establishment of a surcharge or convenience fee shall	1048
follow the guidelines of the financial institution, issuer of	1049
financial transaction devices, or processor of financial	1050
transaction devices with which the board of deposit contracts.	1051

If a surcharge or convenience fee is imposed, every state	1052
entity accepting payment by a financial transaction device,	1053
regardless of whether that entity is subject to a resolution	1054
adopted by the board of deposit, shall clearly post a notice in	1055
the entity's office, and shall notify each person making a payment	1056
by such a device, about the surcharge or fee. Notice to each	1057
person making a payment shall be provided regardless of the medium	1058
used to make the payment and in a manner appropriate to that	1059
medium. Each notice shall include all of the following:	1060

(1) A statement that there is a surcharge or convenience fee	1061
for using a financial transaction device;	1062

(2) The total amount of the charge or fee expressed in	1063
dollars and cents for each transaction, or the rate of the charge	1064
or fee expressed as a percentage of the total amount of the	1065
transaction, whichever is applicable;	1066

(3) A clear statement that the surcharge or convenience fee	1067
is nonrefundable.	1068

(F) If a person elects to make a payment by a financial	1069
transaction device and a surcharge or convenience fee is imposed,	1070
the payment of the surcharge or convenience fee is not refundable.	1071

(G) If a person makes payment by a financial transaction	1072
device and the payment is returned or dishonored for any reason,	1073
the person is liable to the state for the state expense and any	1074
reimbursable costs for collection, including banking charges,	1075
legal fees, or other expenses incurred by the state in collecting	1076
the returned or dishonored payment. The remedies and procedures	1077
provided in this section are in addition to any other available	1078
civil or criminal remedies provided by law.	1079

(H) No person making any payment by a financial transaction	1080
device to a state office shall be relieved from liability for the	1081
underlying obligation, except to the extent that the state	1082
realizes final payment of the underlying obligation in cash or its	1083
equivalent. If final payment is not made by the financial	1084
transaction device issuer or other guarantor of payment in the	1085
transaction, the underlying obligation survives and the state	1086
shall retain all remedies for enforcement that would have applied	1087
if the transaction had not occurred.	1088

(I) A state entity or employee who accepts a financial	1089
transaction device payment in accordance with this section and any	1090
applicable state or local policies or rules is immune from	1091
personal liability for the final collection of such payments as	1092
specified in section 9.87 of the Revised Code.	1093

(J) The administrative agent, in cooperation with the office	1094
of budget and management, may adopt, amend, and rescind rules in	1095
accordance with section 111.15 of the Revised Code to implement	1096
this section.	1097

Sec. 117.11. (A) Except as otherwise provided in this	1098
division and in sections 117.112 and 117.113 of the Revised Code,	1099
the auditor of state shall audit each public office at least once	1100
every two fiscal years. The auditor of state shall audit a public	1101
office each fiscal year if that public office is required to be	1102
audited on an annual basis pursuant to "The Single Audit Act of	1103
1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et seq., as amended. In	1104
the annual or biennial audit, inquiry shall be made into the	1105
methods, accuracy, and legality of the accounts, financial	1106
reports, records, files, and reports of the office, whether the	1107
laws, rules, ordinances, and orders pertaining to the office have	1108
been observed, and whether the requirements and rules of the	1109
auditor of state have been complied with. Except as otherwise	1110
provided in this division or where auditing standards or	1111
procedures dictate otherwise, each audit shall cover at least one	1112
fiscal year. If a public office is audited only once every two	1113
fiscal years, the audit shall cover both fiscal years.	1114

(B) In addition to the annual or biennial audit provided for	1115
in division (A) of this section, the auditor of state may conduct	1116
an audit of a public office at any time when so requested by the	1117
public office or upon the auditor of state's own initiative if the	1118
auditor of state has reasonable cause to believe that an	1119
additional audit is in the public interest.	1120

(C)(1) The auditor of state shall identify any public office	1121
in which the auditor of state will be unable to conduct an audit	1122
at least once every two fiscal years as required by division (A)	1123
of this section and shall provide immediate written notice to the	1124
clerk of the legislative authority or governing board of the	1125
public office so identified. Within six months of the receipt of	1126
such notice, the legislative authority or governing board may	1127
engage an independent certified public accountant to conduct an	1128
audit pursuant to section 117.12 of the Revised Code.	1129

(2) When the chief fiscal officer of a public office notifies	1130
the auditor of state that an audit is required at a time prior to	1131
the next regularly scheduled audit by the auditor of state, the	1132
auditor of state shall either cause an earlier audit to be made by	1133
the auditor of state or authorize the legislative authority or	1134
governing board of the public office to engage an independent	1135
certified public accountant to conduct the required audit. The	1136
scope of the audit shall be as authorized by the auditor of state.	1137

(3) The auditor of state shall approve the scope of an audit	1138
under division (C)(1) or (2) of this section as set forth in the	1139
contract for the proposed audit before the contract is executed on	1140
behalf of the public office that is to be audited. The independent	1141
accountant conducting an audit under division (C)(1) or (2) of	1142
this section shall be paid by the public office.	1143

(4) The contract for attest services with an independent	1144
accountant employed pursuant to this section or section 115.56 of	1145
the Revised Code may include binding arbitration provisions,	1146
provisions of Chapter 2711. of the Revised Code, or any other	1147
alternative dispute resolution procedures to be followed in the	1148
event a dispute remains between the state or public office and the	1149
independent accountant concerning the terms of the contract or a	1150
breach of the contract after the administrative provisions of the	1151
contract have been exhausted.	1152

(D) If a uniform accounting network is established under	1153
section 117.101 of the Revised Code, the auditor of state or a	1154
certified public accountant employed pursuant to this section or	1155
section 115.56 or 117.112 of the Revised Code shall, to the extent	1156
practicable, utilize services offered by the network in order to	1157
conduct efficient and economical audits of public offices.	1158

(E) The auditor of state shall, in accordance with division	1159
(A)(3) of section 9.65 of the Revised Code and this section, audit	1160
an annuity program for volunteer fire fighters established by a	1161
political subdivision under section 9.65 of the Revised Code. As	1162
used in this section, "volunteer fire fighters" and "political	1163
subdivision" have the same meanings as in division (C) of section	1164
9.65 of the Revised Code.	1165

Sec. 117.13. (A) The costs of audits of state agencies shall	1166
be recovered by the auditor of state in the following manner:	1167

(1) The costs of all audits of state agencies shall be paid	1168
to the auditor of state on statements rendered by the auditor of	1169
state. Money so received by the auditor of state shall be paid	1170
into the state treasury to the credit of the public audit expense	1171
fund--intrastate, which is hereby created, and shall be used to	1172
pay costs related to such audits. The costs of all annual and	1173
special audits of a state agency shall be charged to the state	1174
agency being audited. The costs of all biennial audits of a state	1175
agency shall be paid from money appropriated to the department of	1176
administrative services for that purpose. The costs of any	1177
assistant auditor, employee, or expert employed pursuant to	1178
section 117.09 of the Revised Code called upon to testify in any	1179
legal proceedings in regard to any audit, or called upon to review	1180
or discuss any matter related to any audit, may be charged to the	1181
state agency to which the audit relates.	1182

(2) The auditor of state shall establish by rule rates to be	1183
charged to state agencies or to the department of administrative	1184
services for recovering the costs of audits of state agencies.	1185

(B) As used in this division, "government auditing standards"	1186
means the government auditing standards published by the	1187
comptroller general of the United States general accounting	1188
office.	1189

(1) Except as provided in divisions (B)(2) and (3) of this	1190
section, any costs of an audit of a private institution,	1191
association, board, or corporation receiving public money for its	1192
use shall be charged to the public office providing the public	1193
money in the same manner as costs of an audit of the public	1194
office.	1195

(2) If an audit of a private child placing agency or private	1196
noncustodial agency receiving public money from a public children	1197
services agency for providing child welfare or child protection	1198
services sets forth that money has been illegally expended,	1199
converted, misappropriated, or is unaccounted for, the costs of	1200
the audit shall be charged to the agency being audited in the same	1201
manner as costs of an audit of a public office, unless the	1202
findings are inconsequential, as defined by government auditing	1203
standards.	1204

(3) If such an audit does not set forth that money has been	1205
illegally expended, converted, misappropriated, or is unaccounted	1206
for or sets forth findings that are inconsequential, as defined by	1207
government auditing standards, the costs of the audit shall be	1208
charged as follows:	1209

(a) One-third of the costs to the agency being audited;

1210

(b) One-third of the costs to the public children services	1211
agency that provided the public money to the agency being audited;	1212

(c) One-third of the costs to the department of job and	1213
family services.	1214

(C) The costs of audits of local public offices shall be	1215
recovered by the auditor of state in the following manner:	1216

(1) The total amount of compensation paid assistant auditors	1217
of state, their expenses, the cost of employees assigned to assist	1218
the assistant auditors of state, the cost of experts employed	1219
pursuant to section 117.09 of the Revised Code, and the cost of	1220
typing, reviewing, and copying reports shall be borne by the	1221
public office to which such assistant auditors of state are so	1222
assigned, except that annual vacation and sick leave of assistant	1223
auditors of state, employees, and typists shall be financed from	1224
the general revenue fund. The necessary traveling and hotel	1225
expenses of the deputy inspectors and supervisors of public	1226
offices shall be paid from the state treasury. Assistant auditors	1227
of state shall be compensated by the taxing district or other	1228
public office audited for activities undertaken pursuant to	1229
division (B) of section 117.18 and section 117.24 of the Revised	1230
Code. The costs of any assistant auditor, employee, or expert	1231
employed pursuant to section 117.09 of the Revised Code called	1232
upon to testify in any legal proceedings in regard to any audit,	1233
or called upon to review or discuss any matter related to any	1234
audit, may be charged to the public office to which the audit	1235
relates.	1236

(2) The auditor of state shall certify the amount of such	1237
compensation, expenses, cost of experts, reviewing, copying, and	1238
typing to the fiscal officer of the local public office audited.	1239
The fiscal officer of the local public office shall forthwith draw	1240
a warrant upon the general fund or other appropriate funds of the	1241
local public office to the order of the auditor of state;	1242
provided, that the auditor of state is authorized to negotiate	1243
with any local public office and, upon agreement between the	1244
auditor of state and the local public office, may adopt a schedule	1245
for payment of the amount due under this section. Money so	1246
received by the auditor of state shall be paid into the state	1247
treasury to the credit of the public audit expense fund--local	1248
government, which is hereby created, and shall be used to pay the	1249
compensation, expense, cost of experts and employees, reviewing,	1250
copying, and typing of reports.	1251

(3) At the conclusion of each audit, or analysis and report	1252
made pursuant to section 117.24 of the Revised Code, the auditor	1253
of state shall furnish the fiscal officer of the local public	1254
office audited a statement showing the total cost of the audit, or	1255
of the audit and the analysis and report, and the percentage of	1256
the total cost chargeable to each fund audited. The fiscal officer	1257
may distribute such total cost to each fund audited in accordance	1258
with its percentage of the total cost.	1259

(4) The auditor of state shall provide each local public	1260
office a statement or certification of the amount due from the	1261
public office for services performed by the auditor of state under	1262
this or any other section of the Revised Code, as well as the date	1263
upon which payment is due to the auditor of state. Any local	1264
public office that does not pay the amount due to the auditor of	1265
state by that date may be assessed by the auditor of state for	1266
interest from the date upon which the payment is due at the rate	1267
per annum prescribed by section 5703.47 of the Revised Code. All	1268
interest charges assessed by the auditor of state may be collected	1269
in the same manner as audit costs pursuant to division (D) of this	1270
section.	1271

(D) If the auditor of state fails to receive payment for any	1272
amount due, including, but not limited to, fines, fees, and costs,	1273
from a public office for services performed under this or any	1274
other section of the Revised Code, the auditor of state may seek	1275
payment through the office of budget and management. (Amounts due	1276
include any amount due to an independent public accountant with	1277
whom the auditor has contracted to perform services, all costs and	1278
fees associated with participation in the uniform accounting	1279
network, and all costs associated with the auditor's provision of	1280
local government services.) Upon certification by the auditor of	1281
state to the director of budget and management of any such amount	1282
due, the director shall withhold from the public office any amount	1283
available, up to and including the amount certified as due, from	1284
any funds under the director's control that belong to or are	1285
lawfully payable or due to the public office. The director shall	1286
promptly pay the amount withheld to the auditor of state. If the	1287
director determines that no funds due and payable to the public	1288
office are available or that insufficient amounts of such funds	1289
are available to cover the amount due, the director shall withhold	1290
and pay to the auditor of state the amounts available and, in the	1291
case of a local public office, certify the remaining amount to the	1292
county auditor of the county in which the local public office is	1293
located. The county auditor shall withhold from the local public	1294
office any amount available, up to and including the amount	1295
certified as due, from any funds under the county auditor's	1296
control and belonging to or lawfully payable or due to the local	1297
public office. The county auditor shall promptly pay any such	1298
amount withheld to the auditor of state.	1299

Sec. 117.38. Each public office, other than a state agency,	1300
shall file a financial report for each fiscal year. The auditor of	1301
state may prescribe forms by rule or may issue guidelines, or	1302
both, for such reports. If the auditor of state has not prescribed	1303
a rule regarding the form for the report, the public office shall	1304
submit its report on the form utilized by the public office.	1305

The report shall be certified by the proper officer or board	1306
and filed with the auditor of state within sixty days after the	1307
close of the fiscal year, except that public offices reporting	1308
pursuant to generally accepted accounting principles shall file	1309
their reports within one hundred fifty days after the close of the	1310
fiscal year. The auditor of state may extend the deadline for	1311
filing a financial report and establish terms and conditions for	1312
any such extension. At the time the report is filed with the	1313
auditor of state, the chief fiscal officer, except as otherwise	1314
provided in section 319.11 of the Revised Code, shall publish	1315
notice in a newspaper published in the political subdivision or	1316
taxing district, and if there is no such newspaper, then in a	1317
newspaper of general circulation in the political subdivision or	1318
taxing district. The notice shall state that the financial report	1319
has been completed by the public office and is available for	1320
public inspection at the office of the chief fiscal officer.	1321

The report shall contain the following:

1322

(A) Amount of collections and receipts, and accounts due from	1323
each source;	1324

(B) Amount of expenditures for each purpose;

1325

(C) Income of each public service industry owned or operated	1326
by a municipal corporation, and the cost of such ownership or	1327
operation;	1328

(D) Amount of public debt of each taxing district, the	1329
purpose for which each item of such debt was created, and the	1330
provision made for the payment thereof. The substance of the	1331
report shall be published at the expense of the state in an annual	1332
volume of statistics, which shall be submitted to the governor.	1333
The auditor of state shall transmit the report to the general	1334
assembly at its next session.	1335

Any public office, other than a state agency, that does not	1336
file its financial report at the time required by this section	1337
shall pay to the auditor of state twenty-five dollars for each day	1338
the report remains unfiled after the filing date; provided, that	1339
the penalty payments shall not exceed the sum of seven hundred	1340
fifty dollars. The auditor of state may waive all or any part of	1341
the penalty assessed under this section upon the filing of the	1342
past due financial report. All sums collected from such penalties	1343
shall be placed in the public audit expense fund--local	1344
government. ~~The~~If the auditor of state ~~may deduct~~fails to	1345
receive payment for penalties not paid within one year from the	1346
required filing date ~~from any funds under the auditor of state's~~	1347
~~control belonging to the public office. If funds are withheld from~~	1348
~~a county because of the failure of a taxing district located in~~	1349
~~whole or in part within the county to file, the county may deduct~~	1350
~~the amount of penalty from any revenues due the delinquent~~	1351
~~district~~, the auditor may recover the penalties through the	1352
process in division (D) of section 117.13 of the Revised Code.	1353

Every county agency, board, or commission shall provide to	1354
the county auditor, not later than the first day of March each	1355
year unless a later date is authorized by the county auditor, all	1356
information determined by the county auditor to be necessary for	1357
the preparation of the report required by this section.	1358

Sec. 120.08. There is hereby created in the state treasury	1359
the indigent defense support fund, consisting of money paid into	1360
the fund pursuant to section 4511.19 of the Revised Code and	1361
pursuant to section 2949.094 of the Revised Code out of the	1362
additional court costs imposed under that section. The state	1363
public defender shall use the money in the fund for the purpose	1364
of reimbursing county governments for expenses incurred pursuant	1365
to sections 120.18, 120.28, and 120.33 of the Revised Code.	1366
Disbursements from the fund to county governments shall be made	1367
in each state fiscal year and shall be allocated proportionately	1368
so that each county receives an equal percentage of its total	1369
cost for operating its county public defender system, its joint	1370
county public defender system, or its county appointed counsel	1371
system.	1372

Sec. 121.31. There is hereby created the commission on	1373
Hispanic-Latino affairs consisting of eleven voting members	1374
appointed by the governor with the advice and consent of the	1375
senate and two ex officio, nonvoting members who are members of	1376
the general assembly. The speaker of the house of representatives	1377
shall recommend to the governor two persons for appointment to the	1378
commission, the president of the senate shall recommend to the	1379
governor two such persons, and the minority leaders of the house	1380
and senate shall each recommend to the governor one such person.	1381
The governor shall make initial appointments to the commission. Of	1382
the initial appointments made to the commission, three shall be	1383
for a term ending October 7, 1978, four shall be for a term ending	1384
October 7, 1979, and four shall be for a term ending October 7,	1385
1980. ~~Thereafter~~One ex officio member of the commission shall be	1386
a member of the house of representatives appointed by the speaker	1387
of the house of representatives and one ex officio member of the	1388
commission shall be a member of the senate appointed by the	1389
president of the senate. When making their initial appointments,	1390
the speaker shall appoint a member of the house of representatives	1391
who is affiliated with the minority political party in the house	1392
of representatives and the president shall appoint a member of the	1393
senate who is affiliated with the majority political party in the	1394
senate; in making subsequent appointments the speaker and the	1395
president each shall alternate the political party affiliation of	1396
the members they appoint to the commission. The speaker and	1397
president shall make their initial appointments so that the	1398
initial ex officio members begin their terms October 7, 2008.	1399

After the initial appointments by the governor, terms of	1400
office shall be for three years, ~~each~~except that members of the	1401
general assembly appointed to the commission shall be members of	1402
the commission only so long as they are members of the general	1403
assembly. Each term ~~ending~~shall end on the same day of the same	1404
month of the year as did the term which it succeeds. Each member	1405
shall hold office from the date of appointment until the end of	1406
the term for which the member was appointed. Vacancies shall be	1407
filled in the same manner as the original appointment. Any member	1408
appointed to fill a vacancy occurring prior to the expiration of	1409
the term for which the member's predecessor was appointed shall	1410
hold office for the remainder of such term. Any member shall	1411
continue in office subsequent to the expiration date of the	1412
member's term until the member's successor takes office, or until	1413
a period of sixty days has elapsed, whichever occurs first. At the	1414
first organizational meeting of the commission, the original	1415
eleven members shall draw lots to determine the length of the term	1416
each member shall serve.	1417

All voting members of the commission shall speak Spanish,	1418
shall be of Spanish-speaking origin, and shall be American	1419
citizens or lawful, permanent, resident aliens. ~~Members~~Voting	1420
members shall be from urban, suburban, and rural geographical	1421
areas representative of Spanish-speaking people with a numerical	1422
and geographical balance of the Spanish-speaking population	1423
throughout the state.	1424

The commission shall meet not less than six times per	1425
calendar year. The commission shall elect a chairperson,	1426
vice-chairperson, and other officers from its voting members as it	1427
considers advisable. Six voting members constitute a quorum. The	1428
commission shall adopt rules governing its procedures. No action	1429
of the commission is valid without the concurrence of six members.	1430

Each voting member shall be compensated for work as a member	1431
for each day that the member is actually engaged in the	1432
performance of work as a member. No voting member shall be	1433
compensated for more than one day each month. In addition, each	1434
voting member shall be reimbursed for all actual and necessary	1435
expenses incurred in the performance of official business.	1436

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

1437

(1) "Capital investment project" means a plan of investment	1438
at a project site for the acquisition, construction, renovation,	1439
or repair of buildings, machinery, or equipment, or for	1440
capitalized costs of basic research and new product development	1441
determined in accordance with generally accepted accounting	1442
principles, but does not include any of the following:	1443

(a) Payments made for the acquisition of personal property	1444
through operating leases;	1445

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

1446

(c) Payments made to a related member as defined in section	1447
5733.042 of the Revised Code or to an elected consolidated	1448
taxpayer or a combined taxpayer as defined in section 5751.01 of	1449
the Revised Code.	1450

(2) "Eligible business" means a business with Ohio operations	1451
satisfying all of the following:	1452

(a) Employed an average of at least one thousand employees in	1453
full-time employment positions at a project site during each of	1454
the twelve months preceding the application for a tax credit under	1455
this section; and	1456

(b) On or after January 1, 2002, has made or has caused to be	1457
made payments for the capital investment project, including	1458
payments made by an unrelated third party entity as a result of a	1459
lease of not less than twenty years in term, of either of the	1460
following:	1461

(i) At least two hundred million dollars in the aggregate at	1462
the project site during a period of three consecutive calendar	1463
years, including the calendar year that includes a day of the	1464
taxpayer's taxable year or tax period with respect to which the	1465
credit is granted;	1466

(ii) If the average wage of all full-time employment	1467
positions at the project site is greater than four hundred per	1468
cent of the federal minimum wage, at least one hundred million	1469
dollars in the aggregate at the project site during a period of	1470
three consecutive calendar years including the calendar year that	1471
includes a day of the taxpayer's taxable year or tax period with	1472
respect to which the credit is granted.	1473

(c) Is engaged at the project site primarily as a	1474
manufacturer or is providing significant corporate administrative	1475
functions. If the investment under division (A)(2)(b) of this	1476
section was made by a third party entity as a result of a lease of	1477
not less than twenty years in term, the project must include	1478
headquarters operations that are part of a mixed use development	1479
that includes at least two of the following: office, hotel,	1480
research and development, or retail facilities.	1481

(d) Has had a capital investment project reviewed and	1482
approved by the tax credit authority as provided in divisions (C),	1483
(D), and (E) of this section.	1484

(3) "Full-time employment position" means a position of	1485
employment for consideration for at least an average of	1486
thirty-five hours a week that has been filled for at least one	1487
hundred eighty days immediately preceding the filing of an	1488
application under this section and for at least one hundred eighty	1489
days during each taxable year or each calendar year that includes	1490
a tax period with respect to which the credit is granted, or is	1491
employed in such position for consideration for such time, but is	1492
on active duty reserve or Ohio national guard service.	1493

(4) "Manufacturer" has the same meaning as in section	1494
5739.011 of the Revised Code.	1495

(5) "Project site" means an integrated complex of facilities	1496
in this state, as specified by the tax credit authority under this	1497
section, within a fifteen-mile radius where a taxpayer is	1498
primarily operating as an eligible business.	1499

(6) "Applicable corporation" means a corporation satisfying	1500
all of the following:	1501

(a)(i) For the entire taxable year immediately preceding the	1502
tax year, the corporation develops software applications primarily	1503
to provide telecommunication billing and information services	1504
through outsourcing or licensing to domestic or international	1505
customers.	1506

(ii) Sales and licensing of software generated at least six	1507
hundred million dollars in revenue during the taxable year	1508
immediately preceding the tax year the corporation is first	1509
entitled to claim the credit provided under division (B) of this	1510
section.	1511

(b) For the entire taxable year immediately preceding the tax	1512
year, the corporation or one or more of its related members	1513
provides customer or employee care and technical support for	1514
clients through one or more contact centers within this state, and	1515
the corporation and its related members together have a daily	1516
average, based on a three-hundred-sixty-five-day year, of at least	1517
five hundred thousand successful customer contacts through one or	1518
more of their contact centers, wherever located.	1519

(c) The corporation is eligible for the credit under division	1520
(B) of this section for the tax year.	1521

(7) "Related member" has the same meaning as in section	1522
5733.042 of the Revised Code as that section existed on the	1523
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1524
general assembly, September 29, 1997.	1525

(8) "Successful customer contact" means a contact with an end	1526
user via telephone, including interactive voice recognition or	1527
similar means, where the contact culminates in a conversation or	1528
connection other than a busy signal or equipment busy.	1529

(9) "Telecommunications" means all forms of	1530
telecommunications service as defined in section 5739.01 of the	1531
Revised Code, and includes services in wireless, wireline, cable,	1532
broadband, internet protocol, and satellite.	1533

(10)(a) "Applicable difference" means the difference between	1534
the tax for the tax year under Chapter 5733. of the Revised Code	1535
applying the law in effect for that tax year, and the tax for that	1536
tax year if section 5733.042 of the Revised Code applied as that	1537
section existed on the effective date of its amendment by Am. Sub.	1538
H.B. 215 of the 122nd general assembly, September 29, 1997,	1539
subject to division (A)(10)(b) of this section.	1540

(b) If the tax rate set forth in division (B) of section	1541
5733.06 of the Revised Code for the tax year is less than eight	1542
and one-half per cent, the tax calculated under division	1543
(A)(10)(a) of this section shall be computed by substituting a tax	1544
rate of eight and one-half per cent for the rate set forth in	1545
division (B) of section 5733.06 of the Revised Code for the tax	1546
year.	1547

(c) If the resulting difference is negative, the applicable	1548
tax difference for the tax year shall be zero.	1549

(B) The tax credit authority created under section 122.17 of	1550
the Revised Code may grant tax credits under this section for the	1551
purpose of fostering job retention in this state. Upon application	1552
by an eligible business and upon consideration of the	1553
recommendation of the director of budget and management, tax	1554
commissioner, and director of development under division (C) of	1555
this section, the tax credit authority may grant to an eligible	1556
business a nonrefundable credit against the tax imposed by section	1557
5733.06 or 5747.02 of the Revised Code for a period up to fifteen	1558
taxable years and against the tax levied by Chapter 5751. of the	1559
Revised Code for a period of up to fifteen calendar years	1560
provided, however, that if the project site is leased, the term of	1561
the tax credit cannot exceed the lesser of fifteen years or	1562
one-half the term of the lease, including any permitted renewal	1563
periods. The credit shall be in an amount not exceeding	1564
seventy-five per cent of the Ohio income tax withheld from the	1565
employees of the eligible business occupying full-time employment	1566
positions at the project site during the calendar year that	1567
includes the last day of such business' taxable year or tax period	1568
with respect to which the credit is granted. The amount of the	1569
credit shall not be based on the Ohio income tax withheld from	1570
full-time employees for a calendar year prior to the calendar year	1571
in which the minimum investment requirement referred to in	1572
division (A)(2)(b) of this section is completed. The credit shall	1573
be claimed only for the taxable years or tax periods specified in	1574
the eligible business' agreement with the tax credit authority	1575
under division (E) of this section, but in no event shall the	1576
credit be claimed for a taxable year or tax period terminating	1577
before the date specified in the agreement. Any credit granted	1578
under this section against the tax imposed by section 5733.06 or	1579
5747.02 of the Revised Code, to the extent not fully utilized	1580
against such tax for taxable years ending prior to 2008, shall	1581
automatically be converted without any action taken by the tax	1582
credit authority to a credit against the tax levied under Chapter	1583
5751. of the Revised Code for tax periods beginning on or after	1584
July 1, 2008, provided that the person to whom the credit was	1585
granted is subject to such tax. The converted credit shall apply	1586
to those calendar years in which the remaining taxable years	1587
specified in the agreement end.	1588

The credit computed under this division is in addition to any	1589
credit allowed under division (M) of this section, which the tax	1590
credit authority may also include in the agreement.	1591

Any unused portion of a tax credit may be carried forward for	1592
not more than three additional years after the year for which the	1593
credit is granted.	1594

(C) A taxpayer that proposes a capital investment project to	1595
retain jobs in this state may apply to the tax credit authority to	1596
enter into an agreement for a tax credit under this section. The	1597
director of development shall prescribe the form of the	1598
application. After receipt of an application, the authority shall	1599
forward copies of the application to the director of budget and	1600
management, the tax commissioner, and the director of development,	1601
each of whom shall review the application to determine the	1602
economic impact the proposed project would have on the state and	1603
the affected political subdivisions and shall submit a summary of	1604
their determinations and recommendations to the authority.	1605

(D) Upon review of the determinations and recommendations	1606
described in division (C) of this section, the tax credit	1607
authority may enter into an agreement with the taxpayer for a	1608
credit under this section if the authority determines all of the	1609
following:	1610

(1) The taxpayer's capital investment project will result in	1611
the retention of full-time employment positions in this state.	1612

(2) The taxpayer is economically sound and has the ability to	1613
complete the proposed capital investment project.	1614

(3) The taxpayer intends to and has the ability to maintain	1615
operations at the project site for at least ~~twice~~the greater of	1616
(a) the term of the credit plus three years, or (b) seven years.	1617

(4) Receiving the credit is a major factor in the taxpayer's	1618
decision to begin, continue with, or complete the project.	1619

(5) The political subdivisions in which the project is	1620
located have agreed to provide substantial financial support to	1621
the project.	1622

(E) An agreement under this section shall include all of the	1623
following:	1624

(1) A detailed description of the project that is the subject	1625
of the agreement, including the amount of the investment, the	1626
period over which the investment has been or is being made, and	1627
the number of full-time employment positions at the project site.	1628

(2) The method of calculating the number of full-time	1629
employment positions as specified in division (A)(3) of this	1630
section.	1631

(3) The term and percentage of the tax credit, and the first	1632
year for which the credit may be claimed.	1633

(4) A requirement that the taxpayer maintain operations at	1634
the project site for at least ~~twice~~ the ~~number of years as~~greater	1635
of (a) the term of the credit plus three years, or (b) seven	1636
years.	1637

(5) A requirement that the taxpayer retain a specified number	1638
of full-time employment positions at the project site and within	1639
this state for the term of the credit, including a requirement	1640
that the taxpayer continue to employ at least one thousand	1641
employees in full-time employment positions at the project site	1642
during the entire term of any agreement, subject to division	1643
(E)(7) of this section.	1644

(6) A requirement that the taxpayer annually report to the	1645
director of development the number of full-time employment	1646
positions subject to the credit, the amount of tax withheld from	1647
employees in those positions, the amount of the payments made for	1648
the capital investment project, and any other information the	1649
director needs to perform the director's duties under this	1650
section.	1651

(7) A requirement that the director of development annually	1652
review the annual reports of the taxpayer to verify the	1653
information reported under division (E)(6) of this section and	1654
compliance with the agreement. Upon verification, the director	1655
shall issue a certificate to the taxpayer stating that the	1656
information has been verified and identifying the amount of the	1657
credit for the taxable year. Unless otherwise specified by the tax	1658
credit authority in a resolution and included as part of the	1659
agreement, the director shall not issue a certificate for any year	1660
in which the total number of filled full-time employment positions	1661
for each day of the calendar year divided by three hundred	1662
sixty-five is less than ninety per cent of the full-time	1663
employment positions specified in division (E)(5) of this section.	1664
In determining the number of full-time employment positions, no	1665
position shall be counted that is filled by an employee who is	1666
included in the calculation of a tax credit under section 122.17	1667
of the Revised Code.	1668

(8)(a) A provision requiring that the taxpayer, except as	1669
otherwise provided in division (E)(8)(b) of this section, shall	1670
not relocate employment positions from elsewhere in this state to	1671
the project site that is the subject of the agreement for the	1672
lesser of five years from the date the agreement is entered into	1673
or the number of years the taxpayer is entitled to claim the	1674
credit.	1675

(b) The taxpayer may relocate employment positions from	1676
elsewhere in this state to the project site that is the subject of	1677
the agreement if the director of development determines both of	1678
the following:	1679

(i) That the site from which the employment positions would	1680
be relocated is inadequate to meet market and industry	1681
conditions, expansion plans, consolidation plans, or other	1682
business considerations affecting the taxpayer;	1683

(ii) That the legislative authority of the county, township,	1684
or municipal corporation from which the employment positions would	1685
be relocated has been notified of the relocation.	1686

For purposes of this section, the movement of an employment	1687
position from one political subdivision to another political	1688
subdivision shall be considered a relocation of an employment	1689
position unless the movement is confined to the project site. The	1690
transfer of an individual employee from one political subdivision	1691
to another political subdivision shall not be considered a	1692
relocation of an employment position as long as the individual's	1693
employment position in the first political subdivision is	1694
refilled.	1695

(9) A waiver by the taxpayer of any limitations periods	1696
relating to assessments or adjustments resulting from the	1697
taxpayer's failure to comply with the agreement.	1698

(F) If a taxpayer fails to meet or comply with any condition	1699
or requirement set forth in a tax credit agreement, the tax credit	1700
authority may amend the agreement to reduce the percentage or term	1701
of the credit. The reduction of the percentage or term shall take	1702
effect (1) in the taxable year immediately following the taxable	1703
year in which the authority amends the agreement or the director	1704
of development notifies the taxpayer in writing of such failure,	1705
or (2) in the first tax period beginning in the calendar year	1706
immediately following the calendar year in which the authority	1707
amends the agreement or the director notifies the taxpayer in	1708
writing of such failure. If the taxpayer fails to annually report	1709
any of the information required by division (E)(6) of this section	1710
within the time required by the director, the reduction of the	1711
percentage or term may take effect in the current taxable year. If	1712
the taxpayer relocates employment positions in violation of the	1713
provision required under division ~~(D)(8)(a)~~(E)(8)(a) of this	1714
section, the taxpayer shall not claim the tax credit under	1715
section 5733.0610 of the Revised Code for any tax years	1716
following the calendar year in which the relocation occurs, shall	1717
not claim the tax credit under section 5747.058 of the Revised	1718
Code for the taxable year in which the relocation occurs and any	1719
subsequent taxable years, and shall not claim the tax credit	1720
under division (A) of section 5751.50 of the Revised Code for	1721
the tax period in which the relocation occurs and any subsequent	1722
tax periods.	1723

(G) Financial statements and other information submitted to	1724
the department of development or the tax credit authority by an	1725
applicant for or recipient of a tax credit under this section, and	1726
any information taken for any purpose from such statements or	1727
information, are not public records subject to section 149.43 of	1728
the Revised Code. However, the chairperson of the authority may	1729
make use of the statements and other information for purposes of	1730
issuing public reports or in connection with court proceedings	1731
concerning tax credit agreements under this section. Upon the	1732
request of the tax commissioner, the chairperson of the authority	1733
shall provide to the commissioner any statement or other	1734
information submitted by an applicant for or recipient of a tax	1735
credit in connection with the credit. The commissioner shall	1736
preserve the confidentiality of the statement or other	1737
information.	1738

(H) A taxpayer claiming a tax credit under this section shall	1739
submit to the tax commissioner a copy of the director of	1740
development's certificate of verification under division (E)(7) of	1741
this section with the taxpayer's tax report or return for the	1742
taxable year or for the calendar year that includes the tax	1743
period. Failure to submit a copy of the certificate with the	1744
report or return does not invalidate a claim for a credit if the	1745
taxpayer submits a copy of the certificate to the commissioner	1746
within sixty days after the commissioner requests it.	1747

(I) For the purposes of this section, a taxpayer may include	1748
a partnership, a corporation that has made an election under	1749
subchapter S of chapter one of subtitle A of the Internal Revenue	1750
Code, or any other business entity through which income flows as a	1751
distributive share to its owners. A partnership, S-corporation, or	1752
other such business entity may elect to pass the credit received	1753
under this section through to the persons to whom the income or	1754
profit of the partnership, S-corporation, or other entity is	1755
distributed. The election shall be made on the annual report	1756
required under division (E)(6) of this section. The election	1757
applies to and is irrevocable for the credit for which the report	1758
is submitted. If the election is made, the credit shall be	1759
apportioned among those persons in the same proportions as those	1760
in which the income or profit is distributed.	1761

(J) If the director of development determines that a taxpayer	1762
that received a tax credit under this section is not complying	1763
with the requirement under division (E)(4) of this section, the	1764
director shall notify the tax credit authority of the	1765
noncompliance. After receiving such a notice, and after giving the	1766
taxpayer an opportunity to explain the noncompliance, the	1767
authority may terminate the agreement and require the taxpayer to	1768
refund to the state all or a portion of the credit claimed in	1769
previous years, as follows:	1770

(1) If the taxpayer maintained operations at the project site	1771
for less than the term of the credit, the amount required to be	1772
refunded shall not exceed the amount of any tax credits	1773
previously allowed and received under this section.	1774

(2) If the taxpayer maintained operations at the project site	1775
longer than the term of the credit, but less than ~~one and~~	1776
~~one-half times~~the greater of (a) the term of the credit plus	1777
three years, or (b) seven years, the amount required to be	1778
refunded shall not exceed fifty per cent of the sum of any tax	1779
credits previously allowed and received under this section.	1780

~~(3) If the taxpayer maintained operations at the project site~~	1781
~~for at least one and one-half times the term of the credit but~~	1782
~~less than twice the term of the credit, the amount required to be~~	1783
~~refunded shall not exceed twenty-five per cent of the sum of any~~	1784
~~tax credits previously allowed and received under this section.~~	1785

In determining the portion of the credit to be refunded to	1786
this state, the authority shall consider the effect of market	1787
conditions on the taxpayer's project and whether the taxpayer	1788
continues to maintain other operations in this state. After making	1789
the determination, the authority shall certify the amount to be	1790
refunded to the tax commissioner. The commissioner shall make an	1791
assessment for that amount against the taxpayer under Chapter	1792
5733., 5747., or 5751. of the Revised Code. The time limitations	1793
on assessments under those chapters do not apply to an assessment	1794
under this division, but the commissioner shall make the	1795
assessment within one year after the date the authority certifies	1796
to the commissioner the amount to be refunded.	1797

If the director of development determines that a taxpayer	1798
that received a tax credit under this section has reduced the	1799
number of employees agreed to under division (E)(5) of this	1800
section by more than ten per cent, the director shall notify the	1801
tax credit authority of the noncompliance. After receiving such	1802
notice, and after providing the taxpayer an opportunity to explain	1803
the noncompliance, the authority may amend the agreement to reduce	1804
the percentage or term of the tax credit. The reduction in the	1805
percentage or term shall take effect in the taxable year, or in	1806
the calendar year that includes the tax period, in which the	1807
authority amends the agreement.	1808

(K) The director of development, after consultation with the	1809
tax commissioner and in accordance with Chapter 119. of the	1810
Revised Code, shall adopt rules necessary to implement this	1811
section. The rules may provide for recipients of tax credits under	1812
this section to be charged fees to cover administrative costs of	1813
the tax credit program. The fees collected shall be credited to	1814
the tax incentive programs operating fund created in section	1815
122.174 of the Revised Code. At the time the director gives public	1816
notice under division (A) of section 119.03 of the Revised Code of	1817
the adoption of the rules, the director shall submit copies of the	1818
proposed rules to the chairpersons of the standing committees on	1819
economic development in the senate and the house of	1820
representatives.	1821

(L) On or before the thirty-first day of March of each year,	1822
the director of development shall submit a report to the governor,	1823
the president of the senate, and the speaker of the house of	1824
representatives on the tax credit program under this section. The	1825
report shall include information on the number of agreements that	1826
were entered into under this section during the preceding calendar	1827
year, a description of the project that is the subject of each	1828
such agreement, and an update on the status of projects under	1829
agreements entered into before the preceding calendar year.	1830

(M)(1) A nonrefundable credit shall be allowed to an	1831
applicable corporation and its related members in an amount equal	1832
to the applicable difference. The credit is in addition to the	1833
credit granted to the corporation or related members under	1834
division (B) of this section. The credit is subject to divisions	1835
(B) to (E) and division (J) of this section.	1836

(2) A person qualifying as an applicable corporation under	1837
this section for a tax year does not necessarily qualify as an	1838
applicable corporation for any other tax year. No person is	1839
entitled to the credit allowed under division (M) of this section	1840
for the tax year immediately following the taxable year during	1841
which the person fails to meet the requirements in divisions	1842
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	1843
to the credit allowed under division (M) of this section for any	1844
tax year for which the person is not eligible for the credit	1845
provided under division (B) of this section.	1846

Sec. 125.02. Except as to the adjutant general for military	1847
supplies and services, the capital square review and advisory	1848
board, ~~the department of rehabilitation and correction as~~	1849
~~specified in division (D) of section 125.04 of the Revised Code,~~	1850
the general assembly, ~~the bureau of workers' compensation~~the	1851
judicial branch, and institutions administered by boards of	1852
trustees, the department of administrative services may ~~purchase~~	1853
establish contracts for supplies and services for the use of state	1854
agencies, or for the use of any political subdivision as described	1855
in division (B) of section 125.04 of the Revised Code.	1856

~~So far as possible, the department of administrative services~~	1857
~~shall make all purchases from the department of rehabilitation and~~	1858
~~correction in the exercise of the functions of the department of~~	1859
~~rehabilitation and correction in the management of state~~	1860
~~institutions.~~	1861

The department of administrative services shall prescribe	1862
uniform rules governing forms of specifications, advertisements	1863
for proposals, the opening of bids, the making of awards and	1864
contracts, and the purchase of supplies and performance of work.	1865

~~Nothing in this section precludes the bureau from entering~~	1866
~~into a contract with the department of administrative services for~~	1867
~~the department to purchase supplies, or services for the use of~~	1868
~~the bureau.~~	1869

Sec. 125.021. (A) Except as to the military department, the	1870
general assembly, the bureau of workers' compensation, the	1871
industrial commission, and institutions administered by boards of	1872
trustees, the ~~office of information technology~~department of	1873
administrative services may contract for~~, operate, and superintend~~	1874
telephone, other telecommunication, and computer services for	1875
state agencies. Nothing in this division precludes the bureau or	1876
the commission from contracting with the ~~office~~department to	1877
authorize the ~~office~~department to contract for~~, operate, or~~	1878
~~superintend~~ those services for the bureau or the commission.	1879

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

1880

(a) "Active duty" means active duty pursuant to an executive	1881
order of the president of the United States, an act of the	1882
congress of the United States, or section 5919.29 or 5923.21 of	1883
the Revised Code.	1884

(b) "Immediate family" means a person's spouse residing in	1885
the person's household, brothers and sisters of the whole or of	1886
the half blood, children, including adopted children and	1887
stepchildren, parents, and grandparents.	1888

(2) The ~~office of information technology~~department of	1889
administrative services may enter into a contract to purchase bulk	1890
long distance telephone services and make them available at cost,	1891
or may make bulk long distance telephone services available at	1892
cost under any existing contract the ~~office~~department has entered	1893
into, to members of the immediate family of persons deployed on	1894
active duty so that those family members can communicate with the	1895
persons so deployed. If the ~~office~~department enters into	1896
contracts under division (B)(2) of this section, it shall do so in	1897
accordance with sections 125.01 to 125.11 of the Revised Code and	1898
in a nondiscriminatory manner that does not place any potential	1899
vendor at a competitive disadvantage.	1900

(3) If the ~~office~~department decides to exercise either	1901
option under division (B)(2) of this section, it shall adopt, and	1902
may amend, rules under Chapter 119. of the Revised Code to	1903
implement that division.	1904

Sec. 125.022. The department of administrative services may	1905
enter into cooperative purchasing agreements with one or more	1906
other states or, groups of states, the federal government, other	1907
purchasing consortia, institutions of higher education, or ~~with~~	1908
any political subdivision of this state described in division (B)	1909
of section 125.04 of the Revised Code for the purpose of	1910
purchasing services or supplies ~~produced from or containing~~	1911
~~recycled materials for the use of state agencies~~.	1912

Sec. 125.04. (A) Except as provided in division (D) of this	1913
section, the department of administrative services shall determine	1914
what supplies and services are purchased by or for state	1915
agencies. Whenever the department of administrative services	1916
makes any change or addition to the lists of supplies and	1917
services that it determines to purchase for state agencies, it	1918
shall provide a list to the agencies of the changes or additions	1919
~~and indicate when the department will be prepared to furnish each~~	1920
~~item listed~~. Except for the requirements of division (B) of	1921
section 125.11 of the Revised Code, sections 125.04 to 125.08 and	1922
125.09 to 125.15 of the Revised Code do not apply to or affect the	1923
educational institutions of the state. ~~The department shall not~~	1924
~~include the bureau of workers' compensation in the lists of~~	1925
~~supplies, equipment, and services purchased and furnished by the~~	1926
~~department.~~	1927

~~Nothing in this division precludes the bureau from entering~~	1928
~~into a contract with the department for the department to perform~~	1929
~~services relative to supplies, equipment, and services contained~~	1930
~~in this division for the bureau.~~	1931

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

1932

(a) "Chartered nonpublic school" has the same meaning as in	1933
section 3310.01 of the Revised Code.	1934

(b) "Emergency medical service organization" has the same	1935
meaning as in section 4765.01 of the Revised Code.	1936

~~(b)~~(c) "Political subdivision" means any county, township,	1937
municipal corporation, school district, conservancy district,	1938
township park district, park district created under Chapter 1545.	1939
of the Revised Code, regional transit authority, regional airport	1940
authority, regional water and sewer district, or port authority.	1941
"Political subdivision" also includes any other political	1942
subdivision described in the Revised Code that has been approved	1943
by the department to participate in the department's contracts	1944
under this division.	1945

~~(c)~~(d) "Private fire company" has the same meaning as in	1946
section 9.60 of the Revised Code.	1947

(2) Subject to division (C) of this section, the department	1948
of administrative services may permit a political subdivision,	1949
county board of elections, private fire company, or private,	1950
nonprofit emergency medical service organization, or chartered	1951
nonpublic school to participate in contracts into which the	1952
department has entered for the purchase of supplies and	1953
services. The department may charge the entity a reasonable fee	1954
to cover the administrative costs the department incurs as a	1955
result of participation by the entity in such a purchase	1956
contract.	1957

A political subdivision desiring to participate in such	1958
purchase contracts shall file with the department a certified copy	1959
of an ordinance or resolution of the legislative authority or	1960
governing board of the political subdivision. The resolution or	1961
ordinance shall request that the political subdivision be	1962
authorized to participate in such contracts and shall agree that	1963
the political subdivision will be bound by such terms and	1964
conditions as the department prescribes and that it will directly	1965
pay the vendor under each purchase contract. A board of elections	1966
desiring to participate in such purchase contracts shall file	1967
with the purchasing authority a written request for inclusion in	1968
the program. A private fire company or, private, nonprofit	1969
emergency medical service organization, or chartered nonpublic	1970
school desiring to participate in such purchase contracts shall	1971
file with the department a written request for inclusion in the	1972
program signed by the chief officer of the company or,	1973
organization, or chartered nonpublic school. A request for	1974
inclusion shall include an agreement to be bound by such terms	1975
and conditions as the department prescribes and to make direct	1976
payments to the vendor under each purchase contract.	1977

The department shall include in its annual report an	1978
estimate of the cost it incurs by permitting political	1979
subdivisions, county boards of elections, private fire companies,	1980
~~and~~ private, nonprofit emergency medical service organizations,	1981
and chartered nonpublic schools to participate in contracts	1982
pursuant to this division. The department may require such	1983
entities to file a report with the department, as often as it	1984
finds necessary, stating how many such contracts the entities	1985
participated in within a specified period of time, and any other	1986
information the department requires.	1987

(3) Purchases made by a political subdivision or a county	1988
board of elections under this division are exempt from any	1989
competitive selection procedures otherwise required by law. No	1990
political subdivision shall make any purchase under this division	1991
when bids have been received for such purchase by the subdivision,	1992
unless such purchase can be made upon the same terms, conditions,	1993
and specifications at a lower price under this division.	1994

(C) A political subdivision as defined in division (B) of	1995
this section or a county board of elections may purchase supplies	1996
or services from another party, including a political	1997
subdivision, instead of through participation in contracts	1998
described in division (B) of this section if the political	1999
subdivision or county board of elections can purchase those	2000
supplies or services from the other party upon equivalent terms,	2001
conditions, and specifications but at a lower price than it can	2002
through those contracts. Purchases that a political subdivision or	2003
county board of elections makes under this division are exempt	2004
from any competitive selection procedures otherwise required by	2005
law. A political subdivision or county board of elections that	2006
makes any purchase under this division shall maintain sufficient	2007
information regarding the purchase to verify that the political	2008
subdivision or county board of elections satisfied the conditions	2009
for making a purchase under this division. Nothing in this	2010
division restricts any action taken by a county or township as	2011
authorized by division (A)(1) of section 9.48 of the Revised Code.	2012

(D) This section does not apply to supplies or services	2013
required by the legislative or judicial branches, the capitol	2014
square review and advisory board, the adjutant general for	2015
military supplies and services, to supplies or services purchased	2016
by a state agency directly as provided in division (A), (B), or	2017
~~(E)~~(F) of section 125.05 of the Revised Code, or to purchases of	2018
supplies or services for the emergency management agency as	2019
provided in section 125.023 of the Revised Code~~, or to purchases~~	2020
~~of supplies or services for the department of rehabilitation and~~	2021
~~correction in its operation of the program for the employment of~~	2022
~~prisoners established under section 5145.16 of the Revised Code~~	2023
~~that shall be made pursuant to rules adopted by the director of~~	2024
~~administrative services and the director of rehabilitation and~~	2025
~~correction in accordance with Chapter 119. of the Revised Code.~~	2026
~~The rules may provide for the exemption of the program for the~~	2027
~~employment of prisoners from the requirements of division (A) of~~	2028
~~this section~~.	2029

Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08,	2030
125.12 to 125.16, 125.18, 125.31 to 125.76, or 125.831 of the	2031
Revised Code shall be construed as limiting the attorney general,	2032
auditor of state, secretary of state, or treasurer of state in any	2033
of the following:	2034

(A) Purchases for less than the dollar amounts for the	2035
purchase of supplies or services determined pursuant to division	2036
~~(D)~~(E) of section 125.05 of the Revised Code;	2037

(B) Purchases that equal or exceed the dollar amounts for the	2038
purchase of supplies or services determined pursuant to division	2039
~~(D)~~(E) of section 125.05 of the Revised Code with the approval of	2040
the controlling board, if that approval is required by section	2041
127.16 of the Revised Code;	2042

(C) The final determination of the nature or quantity making	2043
any purchase of supplies or services to be purchased pursuant to	2044
section 125.06 of the Revised Code;	2045

(D) The final determination and disposal of excess and	2046
surplus supplies;	2047

(E) The inventory of state property;

2048

(F) The purchase of printing;

2049

(G) Activities related to information technology development	2050
and use;	2051

(H) The fleet management program.

2052

Sec. 125.05. Except as provided in division ~~(E)~~(F) of this	2053
section, no state agency shall purchase any supplies or services	2054
except as provided in divisions (A) to ~~(C)~~(D) of this section.	2055

(A) Subject to division ~~(D)~~(E) of this section, a state	2056
agency may, without competitive selection, make any purchase of	2057
supplies or services that cost ~~fifty~~twenty-five thousand dollars	2058
or less ~~or any purchase of supplies that cost twenty-five thousand~~	2059
~~dollars or less~~. The agency may make the purchase directly or may	2060
make the purchase from or through the department of administrative	2061
services, whichever the agency determines. The ~~department shall~~	2062
~~establish written procedures to assist state agencies when they~~	2063
~~make direct purchases. If the agency makes the purchase directly,~~	2064
~~it shall make the purchase by a term contract whenever possible~~	2065
agency shall adopt written procedures consistent with the	2066
department's purchasing procedures and shall use those procedures	2067
when making purchases under this division.	2068

(B) Subject to division (E) of this section and in accordance	2069
with section 125.051 of the Revised Code, a state agency may make	2070
purchases of supplies and services that cost more than twenty-five	2071
thousand dollars but less than fifty thousand dollars if the	2072
purchases are made under the direction of an employee of the	2073
agency who is certified by the department to make purchases and if	2074
the purchases comply with the department's purchasing procedures.	2075
Section 127.16 of the Revised Code does not apply to purchases	2076
made under this division. Until the certification effective date	2077
established by the department in rules adopted under section	2078
125.051 of the Revised Code, state agencies may make purchases of	2079
supplies and services that cost more than twenty-five thousand	2080
dollars but less than fifty thousand dollars in the same manner as	2081
provided in division (A) of this section.	2082

~~(B)~~(C) Subject to division ~~(D)~~(E) of this section, a state	2083
agency wanting to purchase ~~services that cost more than fifty~~	2084
~~thousand dollars or~~ supplies or services that cost more than	2085
twenty-five thousand dollars shall, unless otherwise authorized by	2086
law, make the purchase from or through the department. The	2087
department shall make the purchase by competitive selection ~~under~~	2088
~~section 125.07 of the Revised Code~~. If the director of	2089
administrative services determines that it is not possible or not	2090
advantageous to the state for the department to make the purchase,	2091
the department shall grant the agency a release and permit under	2092
section 125.06 of the Revised Code to make the purchase. Section	2093
127.16 of the Revised Code does not apply to purchases the	2094
department makes under this section.	2095

~~(C)~~(D) An agency that has been granted a release and permit	2096
to make a purchase may make the purchase without competitive	2097
selection if after making the purchase the cumulative purchase	2098
threshold as computed under division ~~(F)~~(E) of section 127.16 of	2099
the Revised Code would:	2100

(1) Be exceeded and the controlling board approves the	2101
purchase;	2102

(2) Not be exceeded and the department of administrative	2103
services approves the purchase.	2104

~~(D)~~(E) Not later than ~~January 31, 1997, the amounts specified~~	2105
~~in divisions (A) and (B) of this section and, not later than~~ the	2106
thirty-first day of January of each ~~second~~even-numbered year	2107
~~thereafter, any amounts computed by adjustments made under this~~	2108
~~division, shall be increased or decreased by the average~~	2109
~~percentage increase or decrease in the consumer price index~~	2110
~~prepared by the United States bureau of labor statistics (U.S.~~	2111
~~City Average for Urban Wage Earners and Clerical Workers: "All~~	2112
~~Items 1982-1984=100") for the twenty-four calendar month period~~	2113
~~prior to the immediately preceding first day of January over the~~	2114
~~immediately preceding twenty-four calendar month period, as~~	2115
~~reported by the bureau. The director of administrative services~~	2116
~~shall make this determination and adjust the appropriate amounts~~	2117
~~accordingly~~, the directors of administrative services and budget	2118
and management shall review and recommend to the general assembly,	2119
if necessary, adjustments to the amounts specified in divisions	2120
(A) to (C) of this section and division (B) of section 127.16 of	2121
the Revised Code.	2122

~~(E)~~(F) If the eTech Ohio commission, the department of	2123
education, or the Ohio education computer network determines that	2124
it can purchase software services or supplies for specified school	2125
districts at a price less than the price for which the districts	2126
could purchase the same software services or supplies for	2127
themselves, the commission, department, or network shall certify	2128
that fact to the department of administrative services and, acting	2129
as an agent for the specified school districts, shall make that	2130
purchase without following the provisions in divisions (A) to (D)	2131
of this section.	2132

Sec. 125.051. The director of administrative services shall	2133
certify employees of state agencies to make purchases of supplies	2134
and services under division (B) of section 125.05 of the Revised	2135
Code. The director shall adopt rules in accordance with Chapter	2136
119. of the Revised Code governing certification that provide for	2137
the following:	2138

(A) Requirements for certification, including candidate	2139
qualifications and training on how to make purchases in accordance	2140
with the department of administrative services' purchasing	2141
procedures;	2142

(B) Requirements and procedures for renewal of certification;

2143

(C) Causes for and procedures governing termination of	2144
certification;	2145

(D) Requirements and procedures for granting provisional	2146
certification;	2147

(E) The certification effective date, after which purchases	2148
shall be made by certified employees;	2149

(F) Any other rules necessary to govern certification.

2150

Sec. 125.06. The department of administrative services may,	2151
pursuant to division ~~(B)~~(C) of section 125.05 of the Revised Code	2152
and subject to such rules as the director of administrative	2153
services may adopt, issue a release and permit to the agency to	2154
secure supplies or services. A release and permit shall specify	2155
the supplies or services to which it applies, the time during	2156
which it is operative, and the reason for its issuance. A release	2157
and permit for computer services shall also specify the type of	2158
services to be rendered, the number and type of machines to be	2159
employed, and may specify the amount of such services to be	2160
performed. One copy of every release and permit shall be filed	2161
with the agency to which it is issued, and one copy shall be	2162
retained by the department.	2163

Sec. 125.07. The department of administrative services, in	2164
making a purchase by competitive selection pursuant to division	2165
~~(B)~~(C) of section 125.05 of the Revised Code, shall give notice in	2166
the following manner:	2167

(A) The department shall advertise the intended purchases by	2168
notice that is posted by mail or electronic means and that is for	2169
the benefit of competing persons producing or dealing in the	2170
supplies or services to be purchased, including, but not limited	2171
to, the persons whose names appear on the appropriate list	2172
provided for in section 125.08 of the Revised Code. The notice may	2173
be in the form of the bid or proposal document or of a listing in	2174
a periodic bulletin, or in any other form the director of	2175
administrative services considers appropriate to sufficiently	2176
notify qualified competing persons of the intended purchases.	2177

(B) The notice required under division (A) of this section	2178
shall include the time and place where bids or proposals will be	2179
accepted and opened, or, when bids are made in a reverse auction,	2180
the time when bids will be accepted; the conditions under which	2181
bids or proposals will be received; the terms of the proposed	2182
purchases; and an itemized list of the supplies or services to be	2183
purchased and the estimated quantities or amounts of them.	2184

(C) The posting of the notice required under division (A) of	2185
this section shall be completed by the number of days the director	2186
determines preceding the day when the bids or proposals will be	2187
opened or accepted.	2188

(D) The department also shall maintain, in a public place in	2189
its office, a bulletin board upon which it shall post and maintain	2190
a copy of the notice required under division (A) of this section	2191
for at least the number of days the director determines under	2192
division (C) of this section preceding the day of the opening or	2193
acceptance of the bids or proposals. The failure to so	2194
additionally post the notice shall invalidate all proceedings had	2195
and any contract entered into pursuant to the proceedings.	2196

Sec. 125.18. (A) There is hereby established the office of	2197
information technology ~~housed~~ within the department of	2198
administrative services. The office shall be under the supervision	2199
of a state chief information officer to be appointed by the	2200
~~governor~~director of administrative services and subject to	2201
removal at the pleasure of the ~~governor~~director. The chief	2202
information officer ~~shall serve as the~~is an assistant director of	2203
~~the office~~administrative services.	2204

(B) ~~The director of the office of information technology~~	2205
~~shall advise the governor regarding the superintendence and~~	2206
~~implementation of statewide information technology policy.~~	2207

~~(C) The director of the office of information technology~~	2208
Under the direction of the director of administrative services,	2209
the state chief information officer shall lead, oversee, and	2210
direct state agency activities related to information technology	2211
development and use. In that regard, the ~~director~~state chief	2212
information officer shall do all of the following:	2213

(1) Coordinate and superintend statewide efforts to promote	2214
common use and development of technology by state agencies. The	2215
office of information technology shall establish policies and	2216
standards that govern and direct state agency participation in	2217
statewide programs and initiatives.	2218

(2) Establish policies and standards for the acquisition and	2219
use of information technology by state agencies, including, but	2220
not limited to, hardware, software, technology services, and	2221
security, with which state agencies shall comply;	2222

(3) Establish criteria and review processes to identify state	2223
agency information technology projects or purchases that require	2224
alignment or oversight. As appropriate, the ~~office of information~~	2225
~~technology~~department of administrative services shall provide	2226
the governor and the director of budget and management with	2227
notice and advice regarding the appropriate allocation of	2228
resources for those projects. The ~~director of the office of~~	2229
~~information technology~~state chief information officer may require	2230
state agencies to provide, and may prescribe the form and manner	2231
by which they must provide, information to fulfill the ~~director's~~	2232
state chief information officer's alignment and oversight role;	2233

(4) Establish policies and procedures for the security of	2234
personal information that is maintained and destroyed by state	2235
agencies;	2236

(5) Employ a chief information security officer who is	2237
responsible for the implementation of the policies and procedures	2238
described in division ~~(C)~~(B)(4) of this section and for	2239
coordinating the implementation of those policies and procedures	2240
in all of the state agencies;	2241

(6) Employ a chief privacy officer who is responsible for	2242
advising ~~the office of information technology and~~ state agencies	2243
when establishing policies and procedures for the security of	2244
personal information and developing education and training	2245
programs regarding the state's security procedures.	2246

~~(D)~~(C)(1) The chief information security officer shall	2247
assist each state agency with the development of an information	2248
technology security strategic plan and review that plan, and each	2249
state agency shall submit that plan to the ~~office of information~~	2250
~~technology~~state chief information officer. The chief information	2251
security officer may require that each state agency update its	2252
information technology security strategic plan annually as	2253
determined by the state chief information officer.	2254

(2) Prior to the implementation of any information technology	2255
data system, a state agency shall prepare or have prepared a	2256
privacy impact statement for that system.	2257

~~(E) The office of information technology shall have the same~~	2258
~~authority given to the department of administrative services~~	2259
~~under sections 125.01, 125.02, 125.023, 125.04, 125.05, 125.06,~~	2260
~~125.07, 125.071, 125.072, 125.081, 125.09, 125.10, 125.11, and~~	2261
~~125.25 of the Revised Code for the purchase of information~~	2262
~~technology supplies and services for state agencies.~~	2263

~~(F)~~(D) When a state agency requests a purchase of information	2264
technology supplies or services under Chapter 125. of the Revised	2265
Code, the state chief information officer may review and reject	2266
the requested purchase for noncompliance with information	2267
technology direction, plans, policies, standards, or	2268
project-alignment criteria.	2269

(E) The office of information technology may ~~make contracts~~	2270
~~for,~~ operate~~, and superintend~~ technology ~~supplies and~~ services	2271
for state agencies in accordance with this chapter.	2272

~~(G) The~~(F) With the approval of the director of	2273
administrative services, the office of information technology may	2274
establish cooperative agreements with federal and local	2275
government agencies and state agencies that are not under the	2276
authority of the governor for the provision of technology	2277
services and the development of technology projects.	2278

~~(H)~~(G) As used in this section:

2279

(1) "Personal information" has the same meaning as in section	2280
149.45 of the Revised Code.	2281

(2) "State agency" means every organized body, office, or	2282
agency established by the laws of the state for the exercise of	2283
any function of state government, other than any state-supported	2284
institution of higher education, the office of the auditor of	2285
state, treasurer of state, secretary of state, or attorney	2286
general, the adjutant general's department, the bureau of workers'	2287
compensation, the industrial commission, the public employees	2288
retirement system, the Ohio police and fire pension fund, the	2289
state teachers retirement system, the school employees retirement	2290
system, the state highway patrol retirement system, the general	2291
assembly or any legislative agency, or the courts or any judicial	2292
agency.	2293

Sec. 125.25. (A) The director of administrative services may	2294
debar a vendor from consideration for contract awards upon a	2295
finding based upon a reasonable belief that the vendor has done	2296
any of the following:	2297

(1) Abused the selection process by repeatedly withdrawing	2298
bids or proposals before purchase orders or contracts are issued	2299
or failing to accept orders based upon firm bids;	2300

(2) Failed to substantially perform a contract according to	2301
its terms, conditions, and specifications within specified time	2302
limits;	2303

(3) Failed to cooperate in monitoring contract performance by	2304
refusing to provide information or documents required in a	2305
contract, failed to respond to complaints to the vendor, or	2306
accumulated repeated justified complaints regarding performance of	2307
a contract;	2308

(4) Attempted to influence a public employee to breach	2309
ethical conduct standards or to influence a contract award;	2310

(5) Colluded to restrain competition by any means;

2311

(6) Been convicted of a criminal offense related to the	2312
application for or performance of any public or private contract,	2313
including, but not limited to, embezzlement, theft, forgery,	2314
bribery, falsification or destruction of records, receiving stolen	2315
property, and any other offense that directly reflects on the	2316
vendor's business integrity;	2317

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

2318

(8) Deliberately or willfully submitted false or misleading	2319
information in connection with the application for or performance	2320
of a public contract;	2321

(9) Violated any other responsible business practice or	2322
performed in an unsatisfactory manner as determined by the	2323
director;	2324

(10) Through the default of a contract or through other means	2325
had a determination of unresolved finding for recovery by the	2326
auditor of state under section 9.24 of the Revised Code;	2327

(11) Acted in such a manner as to be debarred from	2328
participating in a contract with any governmental agency.	2329

(B) When the director reasonably believes that grounds for	2330
debarment exist, the director shall send the vendor a notice of	2331
proposed debarment indicating the grounds for the proposed	2332
debarment and the procedure for requesting a hearing on the	2333
proposed debarment. The hearing shall be conducted in accordance	2334
with Chapter 119. of the Revised Code. If the vendor does not	2335
respond with a request for a hearing in the manner specified in	2336
Chapter 119. of the Revised Code, the director shall issue the	2337
debarment decision without a hearing and shall notify the vendor	2338
of the decision by certified mail, return receipt requested.	2339

(C) The director shall determine the length of the debarment	2340
period and may rescind the debarment at any time upon notification	2341
to the vendor. During the period of debarment, the vendor is not	2342
eligible to participate in any state contract. After the debarment	2343
period expires, the vendor shall be eligible to be awarded	2344
contracts by state agencies.	2345

(D) The director, through ~~the office of information~~	2346
~~technology and~~ the office of procurement services, shall maintain	2347
a list of all vendors currently debarred under this section.	2348

Sec. 127.16. (A) Upon the request of either a state agency	2349
or the director of budget and management and after the controlling	2350
board determines that an emergency or a sufficient economic reason	2351
exists, the controlling board may approve the making of a purchase	2352
without competitive selection as provided in division (B) of this	2353
section.	2354

(B) Except as otherwise provided in this section, no state	2355
agency, using money that has been appropriated to it directly,	2356
shall:	2357

(1) Make any purchase from a particular supplier, that would	2358
amount to fifty thousand dollars or more when combined with both	2359
the amount of all disbursements to the supplier during the fiscal	2360
year for purchases made by the agency and the amount of all	2361
outstanding encumbrances for purchases made by the agency from the	2362
supplier, unless the purchase is made by competitive selection or	2363
with the approval of the controlling board;	2364

(2) Lease real estate from a particular supplier, if the	2365
lease would amount to seventy-five thousand dollars or more when	2366
combined with both the amount of all disbursements to the supplier	2367
during the fiscal year for real estate leases made by the agency	2368
and the amount of all outstanding encumbrances for real estate	2369
leases made by the agency from the supplier, unless the lease is	2370
made by competitive selection or with the approval of the	2371
controlling board.	2372

(C) Any person who authorizes a purchase in violation of	2373
division (B) of this section shall be liable to the state for any	2374
state funds spent on the purchase, and the attorney general shall	2375
collect the amount from the person.	2376

(D) Nothing in division (B) of this section shall be	2377
construed as:	2378

(1) A limitation upon the authority of the director of	2379
transportation as granted in sections 5501.17, 5517.02, and	2380
5525.14 of the Revised Code;	2381

(2) Applying to medicaid provider agreements under Chapter	2382
5111. of the Revised Code or payments or provider agreements under	2383
the disability medical assistance program established under	2384
Chapter 5115. of the Revised Code;	2385

(3) Applying to the purchase of examinations from a sole	2386
supplier by a state licensing board under Title XLVII of the	2387
Revised Code;	2388

(4) Applying to entertainment contracts for the Ohio state	2389
fair entered into by the Ohio expositions commission, provided	2390
that the controlling board has given its approval to the	2391
commission to enter into such contracts and has approved a total	2392
budget amount for such contracts as agreed upon by commission	2393
action, and that the commission causes to be kept itemized records	2394
of the amounts of money spent under each contract and annually	2395
files those records with the clerk of the house of representatives	2396
and the clerk of the senate following the close of the fair;	2397

(5) Limiting the authority of the chief of the division of	2398
mineral resources management to contract for reclamation work with	2399
an operator mining adjacent land as provided in section 1513.27 of	2400
the Revised Code;	2401

(6) Applying to investment transactions and procedures of any	2402
state agency, except that the agency shall file with the board the	2403
name of any person with whom the agency contracts to make, broker,	2404
service, or otherwise manage its investments, as well as the	2405
commission, rate, or schedule of charges of such person with	2406
respect to any investment transactions to be undertaken on behalf	2407
of the agency. The filing shall be in a form and at such times as	2408
the board considers appropriate.	2409

(7) Applying to purchases made with money for the per cent	2410
for arts program established by section 3379.10 of the Revised	2411
Code;	2412

(8) Applying to purchases made by the rehabilitation services	2413
commission of services, or supplies, that are provided to persons	2414
with disabilities, or to purchases made by the commission in	2415
connection with the eligibility determinations it makes for	2416
applicants of programs administered by the social security	2417
administration;	2418

(9) Applying to payments by the department of job and family	2419
services under section 5111.13 of the Revised Code for group	2420
health plan premiums, deductibles, coinsurance, and other	2421
cost-sharing expenses;	2422

(10) Applying to any agency of the legislative branch of the	2423
state government;	2424

(11) Applying to agreements or contracts entered into under	2425
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	2426
Revised Code;	2427

(12) Applying to purchases of services by the adult parole	2428
authority under section 2967.14 of the Revised Code or by the	2429
department of youth services under section 5139.08 of the Revised	2430
Code;	2431

(13) Applying to dues or fees paid for membership in an	2432
organization or association;	2433

(14) Applying to purchases of utility services pursuant to	2434
section 9.30 of the Revised Code;	2435

(15) Applying to purchases made in accordance with rules	2436
adopted by the department of administrative services of motor	2437
vehicle, aviation, or watercraft fuel, or emergency repairs of	2438
such vehicles;	2439

(16) Applying to purchases of tickets for passenger air	2440
transportation;	2441

(17) Applying to purchases necessary to provide public	2442
notifications required by law or to provide notifications of job	2443
openings;	2444

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

2445

(19) Applying to purchases of liquor for resale by the	2446
division of liquor control;	2447

(20) Applying to purchases of motor courier and freight	2448
services made in accordance with department of administrative	2449
services rules;	2450

(21) Applying to purchases from the United States postal	2451
service and purchases of stamps and postal meter replenishment	2452
from vendors at rates established by the United States postal	2453
service;	2454

(22) Applying to purchases of books, periodicals, pamphlets,	2455
newspapers, maintenance subscriptions, and other published	2456
materials;	2457

(23) Applying to purchases from other state agencies,	2458
including state-assisted institutions of higher education;	2459

(24) Limiting the authority of the director of environmental	2460
protection to enter into contracts under division (D) of section	2461
3745.14 of the Revised Code to conduct compliance reviews, as	2462
defined in division (A) of that section;	2463

(25) Applying to purchases from a qualified nonprofit agency	2464
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	2465
the Revised Code;	2466

(26) Applying to payments by the department of job and family	2467
services to the United States department of health and human	2468
services for printing and mailing notices pertaining to the tax	2469
refund offset program of the internal revenue service of the	2470
United States department of the treasury;	2471

(27) Applying to contracts entered into by the department of	2472
mental retardation and developmental disabilities under section	2473
5123.18 of the Revised Code;	2474

(28) Applying to payments made by the department of mental	2475
health under a physician recruitment program authorized by section	2476
5119.101 of the Revised Code;	2477

(29) Applying to contracts entered into with persons by the	2478
director of commerce for unclaimed funds collection and remittance	2479
efforts as provided in division (F) of section 169.03 of the	2480
Revised Code. The director shall keep an itemized accounting of	2481
unclaimed funds collected by those persons and amounts paid to	2482
them for their services.	2483

(30) Applying to purchases made by a state institution of	2484
higher education in accordance with the terms of a contract	2485
between the vendor and an inter-university purchasing group	2486
comprised of purchasing officers of state institutions of higher	2487
education;	2488

(31) Applying to the department of job and family services'	2489
purchases of health assistance services under the children's	2490
health insurance program part I provided for under section 5101.50	2491
of the Revised Code, the children's health insurance program part	2492
II provided for under section 5101.51 of the Revised Code, or the	2493
children's health insurance program part III provided for under	2494
section 5101.52 of the Revised Code, or the children's buy-in	2495
program provided for under sections 5101.5211 to 5101.5216 of the	2496
Revised Code;	2497

(32) Applying to payments by the attorney general from the	2498
reparations fund to hospitals and other emergency medical	2499
facilities for performing medical examinations to collect physical	2500
evidence pursuant to section 2907.28 of the Revised Code;	2501

(33) Applying to contracts with a contracting authority or	2502
administrative receiver under division (B) of section 5126.056 of	2503
the Revised Code;	2504

(34) Applying to reimbursements paid to the United States	2505
department of veterans affairs for pharmaceutical and patient	2506
supply purchases made on behalf of the Ohio veterans' home agency;	2507

(35) Applying to agreements entered into with terminal	2508
distributors of dangerous drugs under section 173.79 of the	2509
Revised Code;	2510

(36) Applying to payments by the superintendent of the bureau	2511
of criminal identification and investigation to the federal bureau	2512
of investigation for criminal records checks pursuant to section	2513
109.572 of the Revised Code.	2514

(E) ~~Notwithstanding division (B)(1) of this section, the~~	2515
~~cumulative purchase threshold shall be seventy-five thousand~~	2516
~~dollars for the departments of mental retardation and~~	2517
~~developmental disabilities, mental health, rehabilitation and~~	2518
~~correction, and youth services.~~	2519

~~(F)~~ When determining whether a state agency has reached the	2520
cumulative purchase thresholds established in divisions (B)(1),	2521
~~(B)~~and (2)~~, and (E)~~ of this section, all of the following	2522
purchases by such agency shall not be considered:	2523

(1) Purchases made through competitive selection or with	2524
controlling board approval;	2525

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

2526

(3) For the purposes of the ~~thresholds~~threshold of ~~divisions~~	2527
division (B)(1) ~~and (E)~~ of this section only, leases of real	2528
estate.	2529

~~(G)~~(F) As used in this section, "competitive selection,"	2530
"purchase," "supplies," and "services" have the same meanings as	2531
in section 125.01 of the Revised Code.	2532

Sec. 133.08. (A) In addition to any power to issue	2533
securities under other provisions of the Revised Code for the	2534
purposes, a county may issue revenue securities as authorized in	2535
this section.	2536

(B) A county may issue revenue securities to fund or refund	2537
revenue securities previously issued, or for any purposes for	2538
which it could issue self-supporting securities and, without	2539
limitation, any of the following general purposes:	2540

(1) For one or more established sewer districts, any of the	2541
purposes provided in divisions (C)(2)(a) and (b) of section 133.07	2542
of the Revised Code;, including sanitary facilities, drainage	2543
facilities, and prevention or replacement facilities as defined in	2544
section 6117.01 of the Revised Code. For purposes of this chapter,	2545
those sanitary facilities, drainage facilities, and prevention or	2546
replacement facilities are hereby determined to qualify as	2547
facilities described in Section 13 of Article VIII, Ohio	2548
Constitution.	2549

(2) Hospital facilities as defined in division (E) of section	2550
140.01 of the Revised Code;	2551

(3) Facilities described in division (C)(10) of section	2552
133.07 of the Revised Code;	2553

(4) Off-street parking facilities pursuant to section 307.02	2554
of the Revised Code;	2555

(5) An arena, a convention center, or a combination of an	2556
arena and convention center under section 307.695 of the Revised	2557
Code.	2558

(C) The county shall establish rates or charges for the use,	2559
availability, or rental of the facilities to which the financing	2560
relates, being the improvement, enterprise, system, project, or	2561
categories of improvements or the operation or function that the	2562
facilities serve, which rates or charges shall be designed to	2563
provide revenues to the county sufficient to pay the costs of all	2564
current expenses of the facilities payable by the county and to	2565
pay the debt charges on the securities and to establish and	2566
maintain any contractually required special funds relating to the	2567
securities or the facilities.	2568

(D) Revenue securities issued under this section shall not be	2569
general obligations of the county. Revenue securities issued under	2570
this section shall be secured only by a pledge of and lien upon	2571
the revenues of the county, derived from its ownership or	2572
operation of the facilities, including those rates or charges or	2573
rents and any interest subsidies or debt charges, grants, or other	2574
payments by federal or state agencies available therefor, and the	2575
covenants of the county to maintain sufficient rentals, rates, and	2576
charges to produce revenues sufficient to pay all current expenses	2577
of the facilities payable by the county and to pay the debt	2578
charges on the securities and to establish and maintain any	2579
contractually required special funds relating to the securities or	2580
the facilities, and, if the securities are anticipatory	2581
securities, to issue the revenue securities in anticipation of the	2582
issuance of which the revenue securities are issued. Revenue	2583
securities may also be secured by a pledge of and lien on the	2584
proceeds of any securities issued to fund or refund those revenue	2585
securities.	2586

(E) The county officers authorized by the county taxing	2587
authority shall execute the necessary documents, including but not	2588
limited to trust agreements and leases, to provide for the pledge,	2589
protection, and disposition of the pledged revenues from which	2590
debt charges and any special fund deposits are to be paid.	2591

(F) As long as any of these revenue securities, in either	2592
original or refunded form, remain outstanding, except as otherwise	2593
provided in those documents, all parts of the facilities the	2594
revenues from which are pledged, shall remain under the control of	2595
the county taxing authority, whether any parts of the facilities	2596
are leased to or operated by others or are in or thereafter come	2597
within the boundaries of any municipal corporation, and the	2598
facilities shall remain subject to the power and duty of the	2599
taxing authority to fix and collect rates or charges or rents for	2600
the use of facilities.	2601

(G) The authority to issue securities of the county under	2602
this section for permanent improvements described in division	2603
(B)(2) of this section or division (C)(2)(d) of section 133.07 of	2604
the Revised Code may separately and independently be exercised by	2605
a board of county hospital trustees established under section	2606
339.02 of the Revised Code for those permanent improvements and	2607
related operations under the control of that board.	2608

(H) Sections 9.98 to 9.983 of the Revised Code apply to	2609
securities issued under this section, notwithstanding any other	2610
provision in this chapter.	2611

Sec. 133.52. A county, municipal corporation, or township may	2612
issue or incur public obligations, including general obligations,	2613
to provide, or assist in providing, grants, loans, loan	2614
guarantees, or contributions for conservation and revitalization	2615
purposes pursuant to Section 2o of Article VIII, Ohio	2616
Constitution.	2617

Sec. 135.101. As used in sections 135.101 to 135.106 of the	2618
Revised Code:	2619

(A) "Eligible resident" means an individual who is a resident	2620
of Ohio and who completes the SaveNOW education program prescribed	2621
by section 135.104 of the Revised Code.	2622

(B) "Eligible savings institution" means a financial	2623
institution that offers savings accounts available to residents of	2624
Ohio, that is a public depository of public money of the state	2625
under section 135.03 of the Revised Code, and that agrees to	2626
participate in the SaveNOW program under sections 135.101 to	2627
135.106 of the Revised Code.	2628

(C) "SaveNOW linked deposit" means a deposit placed by the	2629
treasurer of state with an eligible savings institution at a rate	2630
determined and calculated by the treasurer of state.	2631

(D) "SaveNOW savings account" means an interest-bearing	2632
account that is opened by an eligible resident at an eligible	2633
savings institution and that complies with the requirements of	2634
section 135.104 of the Revised Code.	2635

(E) "Premium savings rate" means the highest savings rate	2636
that is offered by an eligible savings institution for large	2637
deposits, as approved by and negotiated with the treasurer of	2638
state.	2639

(F) "Program period" means the length of time, not to exceed	2640
two years, established by the treasurer of state that a SaveNOW	2641
savings account is eligible to receive the SaveNOW interest	2642
incentive.	2643

Sec. 135.102. The general assembly finds that the personal	2644
savings rate among Ohioans has declined in recent years, that	2645
personal savings are important to the future prosperity of Ohio,	2646
and that personal savings must be encouraged and assisted. The	2647
SaveNOW program provided for in sections 135.101 to 135.106 of the	2648
Revised Code is intended to promote increased personal savings,	2649
which will materially contribute to the economic growth of Ohio	2650
and the financial security of its residents. Accordingly, it is	2651
declared to be the public policy of the state through the SaveNOW	2652
program to create an availability of higher-rate savings accounts	2653
for the purpose of increasing personal savings and promoting	2654
financial education among the residents of Ohio.	2655

Sec. 135.103. The treasurer of state may invest in SaveNOW	2656
linked deposits under sections 135.101 to 135.106 of the Revised	2657
Code, provided that at the time of placing any SaveNOW linked	2658
deposits the combined amount of investments of public money of the	2659
state in linked deposits of any kind is not more than twelve per	2660
cent of the state's total average investment portfolio as	2661
determined by the treasurer of state. When deciding whether to	2662
invest in SaveNOW linked deposits, the treasurer of state shall	2663
give priority to the investment, liquidity, and cash flow needs of	2664
the state.	2665

Sec. 135.104. (A) A resident of Ohio may participate in the	2666
SaveNOW program by agreeing to maintain a SaveNOW savings account	2667
at an eligible savings institution for the program period and by	2668
completing the SaveNOW education program. The SaveNOW education	2669
program shall include a financial literacy assessment and a	2670
financial literacy program established and administered by the	2671
treasurer of state.	2672

(B) An eligible savings institution shall accept applications	2673
for a SaveNOW savings account from eligible residents on a	2674
first-come, first-served basis on forms prescribed by the	2675
treasurer of state. The eligible savings institution shall offer	2676
to eligible residents a SaveNOW savings account that satisfies all	2677
of the following:	2678

(1) Opening and maintaining the account requires no minimum	2679
deposit;	2680

(2) No fees are charged for opening or using the account; and

2681

(3) All deposits in the account earn at least the premium	2682
savings rate.	2683

(C) To provide an additional incentive for saving, a SaveNOW	2684
incentive rate of interest shall accrue to the average daily	2685
balance of deposits, up to five thousand dollars, in a SaveNOW	2686
savings account during the program period at a rate equal to up to	2687
three percentage points above the premium savings rate. The	2688
interest earnings arising from the SaveNOW incentive rate of	2689
interest shall be credited to the account in a lump sum at the	2690
conclusion of the program period.	2691

(D) The interest earnings arising from the SaveNOW incentive	2692
rate of interest under division (C) of this section shall be	2693
deducted from the interest earned on the state's SaveNOW linked	2694
deposit at the end of the eligible program period.	2695

(E) Not more than one SaveNOW savings account shall be held	2696
by an eligible resident during a program period. An individual	2697
holding a SaveNOW savings account jointly with another individual	2698
shall be considered to be holding such an account for the purposes	2699
of this division, unless the joint ownership is of an account	2700
opened by a parent, grandparent, or guardian for a minor or for a	2701
dependent adult.	2702

Sec. 135.105. (A) Upon the placement of a SaveNOW linked	2703
deposit with an eligible savings institution, the institution	2704
shall offer SaveNOW savings accounts to eligible residents under	2705
section 135.104 of the Revised Code. A certification of compliance	2706
with this section in the form and manner prescribed by the	2707
treasurer of state shall be required of the eligible savings	2708
institution.	2709

(B) The treasurer of state shall take any and all steps	2710
necessary to implement the SaveNOW program and to monitor the	2711
compliance of eligible savings institutions, including the	2712
development of guidelines as necessary.	2713

(C) Annually, by the first day of February, the treasurer of	2714
state shall report on the SaveNOW program for the preceding	2715
calendar year to the governor, the speaker of the house of	2716
representatives, and the president of the senate. The speaker	2717
shall transmit copies of the report to the chairpersons of the	2718
standing committees of the house of representatives that	2719
customarily consider legislation regarding finance, and the	2720
president of the senate shall transmit copies of the report to the	2721
chairpersons of the standing committees of the senate that	2722
customarily consider legislation regarding finance. The report	2723
shall set forth the SaveNOW linked deposits made by the treasurer	2724
of state under the program during the year and shall include a	2725
list of eligible savings institutions and the number of SaveNOW	2726
savings accounts at each of those institutions during the	2727
preceding year.	2728

Sec. 135.106. The state and the treasurer of state are not	2729
liable to any eligible savings institution or any eligible	2730
resident in any manner for the terms associated with SaveNOW	2731
savings accounts. Any misuse or misconduct on the part of an	2732
eligible savings institution or eligible resident does not in any	2733
manner affect the deposit agreement between the eligible savings	2734
institution and the treasurer of state.	2735

Sec. 135.61. As used in sections 135.61 to 135.67 of the	2736
Revised Code:	2737

(A) "Eligible small business" means any person, including,	2738
but not limited to a person engaged in agriculture, that has all	2739
of the following characteristics:	2740

(1) Is headquartered in this state;

2741

(2) Maintains offices and operating facilities exclusively in	2742
this state and transacts business in this state;	2743

(3) Employs fewer than one hundred fifty employees, the	2744
majority of whom are residents of this state;	2745

(4) Is organized for profit.

2746

(B) "Eligible lending institution" means a financial	2747
institution that is eligible to make commercial loans, is a public	2748
depository of state funds under section 135.03 of the Revised	2749
Code, and agrees to participate in the linked deposit program.	2750

(C) "Linked deposit" means a certificate of deposit placed by	2751
the treasurer of state with an eligible lending institution at up	2752
~~to three per cent~~a rate below current market rates, as determined	2753
and calculated by the treasurer of state, provided the institution	2754
agrees to lend the value of such deposit, according to the deposit	2755
agreement provided in division (C) of section 135.65 of the	2756
Revised Code, to eligible small businesses at ~~three per cent~~a	2757
rate that reflects an equal percentage rate reduction below the	2758
present borrowing rate applicable to each specific business at the	2759
time of the deposit of state funds in the institution.	2760

Sec. 135.63. The treasurer of state may invest in linked	2761
deposits under sections 135.61 to 135.67, agricultural linked	2762
deposits under sections 135.71 to 135.76, housing linked deposits	2763
under sections 135.81 to 135.87, ~~and~~ assistive technology device	2764
linked deposits under sections 135.91 to 135.97, and SaveNOW	2765
linked deposits under sections 135.101 to 135.106 of the Revised	2766
Code, provided that at the time of placement of any such linked	2767
deposit ~~under sections 135.61 to 135.67 of the Revised Code,~~	2768
~~agricultural linked deposit, housing linked deposit, or assistive~~	2769
~~technology device linked deposit,~~ the combined amount of	2770
investments in ~~the linked deposits, agricultural linked deposits,~~	2771
~~housing linked deposits, and assistive technology device~~all such	2772
linked deposits is not more than twelve per cent of the state's	2773
total average investment portfolio as determined by the treasurer	2774
of state. When deciding whether to invest in ~~the linked deposits,~~	2775
~~agricultural linked deposits, housing linked deposits, or~~	2776
~~assistive technology device~~any such linked deposits, the	2777
treasurer of state shall give priority to the investment,	2778
liquidity, and cash flow needs of the state.	2779

Sec. 135.65. (A) The treasurer of state may accept or reject	2780
a linked deposit loan package or any portion thereof, based on the	2781
treasurer's evaluation of the eligible small businesses included	2782
in the package and the amount of state funds to be deposited. When	2783
evaluating the eligible small businesses, the treasurer shall give	2784
priority to the economic needs of the area where the business is	2785
located and the ratio of state funds to be deposited to jobs	2786
sustained or created and shall also consider any reports,	2787
statements, or plans applicable to the business, the overall	2788
financial need of the business, and such other factors as the	2789
treasurer considers appropriate.	2790

(B) Upon acceptance of the linked deposit loan package or any	2791
portion thereof, the treasurer of state may place certificates of	2792
deposit with the eligible lending institution at ~~three per cent~~a	2793
rate below current market rates, as determined and calculated by	2794
the treasurer of state. When necessary, the treasurer may place	2795
certificates of deposit prior to acceptance of a linked deposit	2796
loan package.	2797

(C) The eligible lending institution shall enter into a	2798
deposit agreement with the treasurer of state, which shall include	2799
requirements necessary to carry out the purposes of sections	2800
135.61 to 135.67 of the Revised Code. Such requirements shall	2801
reflect the market conditions prevailing in the eligible lending	2802
institution's lending area. The agreement may include a	2803
specification of the period of time in which the lending	2804
institution is to lend funds upon the placement of a linked	2805
deposit, and shall include provisions for the certificates of	2806
deposit to be placed for any maturity considered appropriate by	2807
the treasurer of state not to exceed two years, and may be renewed	2808
for up to an additional two years at the option of the treasurer.	2809
Interest shall be paid at the times determined by the treasurer of	2810
state.	2811

(D) Eligible lending institutions shall comply fully with	2812
Chapter 135. of the Revised Code.	2813

Sec. 135.66. (A) Upon the placement of a linked deposit with	2814
an eligible lending institution, such institution is required to	2815
lend such funds to each approved eligible small business listed in	2816
the linked deposit loan package required by division (D) of	2817
section 135.64 of the Revised Code and in accordance with the	2818
deposit agreement required by division (C) of section 135.65 of	2819
the Revised Code. The loan shall be at ~~three per cent~~a rate that	2820
reflects a percentage rate reduction below the present borrowing	2821
rate applicable to each business that is equal to the percentage	2822
rate reduction below market rates at which the certificate of	2823
deposits that constitute the linked deposit were placed. A	2824
certification of compliance with this section in the form and	2825
manner as prescribed by the treasurer of state shall be required	2826
of the eligible lending institution.	2827

(B) The treasurer of state shall take any and all steps	2828
necessary to implement the linked deposit program and monitor	2829
compliance of eligible lending institutions and eligible small	2830
businesses, including the development of guidelines as necessary.	2831
The treasurer of state and the department of development shall	2832
notify each other at least quarterly of the names of the	2833
businesses receiving financial assistance from their respective	2834
programs.	2835

Annually, by the first day of February, the treasurer of	2836
state shall report on the linked deposits program for the	2837
preceding calendar year to the governor, the speaker of the house	2838
of representatives, and the president of the senate. The speaker	2839
of the house shall transmit copies of this report to the ~~chairmen~~	2840
chairpersons of the standing committees in the house which	2841
customarily consider legislation regarding agriculture and small	2842
business, and the president of the senate shall transmit copies of	2843
this report to the ~~chairmen~~chairpersons of the standing	2844
committees in the senate which customarily consider legislation	2845
regarding agriculture and small business. The report shall set	2846
forth the linked deposits made by the treasurer of state under the	2847
program during the year and shall include information regarding	2848
the nature, terms, and amounts of the loans upon which the linked	2849
deposits were based and the eligible small businesses to which the	2850
loans were made.	2851

Sec. 145.47. (A) Each public employee who is a contributor	2852
to the public employees retirement system shall contribute eight	2853
per cent of the contributor's earnable salary to the employees'	2854
savings fund, except that the public employees retirement board	2855
may raise the contribution rate to a rate not greater than ten per	2856
cent of the employee's earnable salary.	2857

(B) The head of each state department, institution, board,	2858
and commission, and the fiscal officer of each local authority	2859
subject to this chapter, shall deduct from the earnable salary of	2860
each contributor on every payroll of such contributor for each	2861
payroll period subsequent to the date of coverage, an amount equal	2862
to the applicable per cent of the contributor's earnable salary.	2863
The head of each state department and the fiscal officer of each	2864
local authority subject to this chapter shall transmit promptly to	2865
the system a report of contributions at such intervals and in such	2866
form as the system shall require, showing thereon all deductions	2867
for the system made from the earnable salary of each contributor	2868
employed, together with warrants or, checks, or electronic	2869
payments covering the total of such deductions. A penalty ~~of five~~	2870
~~per cent of the total amount due for the particular reporting~~	2871
~~period~~ shall be added when such report, together with warrants or,	2872
checks, or electronic payments to cover the total amount due from	2873
the earnable salary of all amenable employees of such employer, is	2874
filed thirty or more days after the last day of such reporting	2875
period. ~~Such~~The system, after making a record of all receipts	2876
under this division, shall deposit the receipts with the treasurer	2877
of state for use as provided by this chapter.	2878

(C) Unless the board adopts a rule under division (D) of this	2879
section, the penalty described in division (B) of this section for	2880
failing to timely transmit a report, pay the total amount due, or	2881
both is as follows:	2882

(1) At least one but not more than ten days past due, an	2883
amount equal to one per cent of the total amount due;	2884

(2) At least eleven but not more than thirty days past due,	2885
an amount equal to two and one-half per cent of the total amount	2886
due;	2887

(3) Thirty-one or more days past due, an amount equal to five	2888
per cent of the total amount due.	2889

The penalty described in this division shall be added to and	2890
collected on the next succeeding regular employer billing.	2891
Interest at a rate set by the retirement board shall be charged on	2892
the amount of the penalty in case such penalty is not paid within	2893
~~three months~~thirty days after it is added to the regular employer	2894
billing. ~~The system, after making a record of all such receipts,~~	2895
~~shall deposit them with the treasurer of state for use as provided~~	2896
~~by this chapter. In~~	2897

(D) The board may adopt rules to establish penalties in	2898
amounts that do not exceed the amounts specified in divisions	2899
(C)(1) to (3) of this section.	2900

(E) In addition to the periodical reports of deduction	2901
required by this section, the fiscal officer of each local	2902
authority subject to this chapter shall submit to the system at	2903
least once each year a complete listing of all noncontributing	2904
appointive employees. Where an employer fails to transmit	2905
contributions to the system, the system may make a determination	2906
of the employees' liability for contributions and certify to the	2907
employer the amounts due for collection in the same manner as	2908
payments due the employers' accumulation fund. Any amounts so	2909
collected shall be held in trust pending receipt of a report of	2910
contributions for such public employees for the period involved as	2911
provided by law and, thereafter, the amount in trust shall be	2912
transferred to the employees' savings fund to the credit of the	2913
employees. Any amount remaining after the transfer to the	2914
employees' savings fund shall be transferred to the employers'	2915
accumulation fund as a credit of such employer. ~~The~~	2916

(F) The fiscal officer of each local authority subject to	2917
this chapter shall require each new contributor to submit to the	2918
system a detailed report of all the contributor's previous service	2919
as a public employee along with such other facts as the board	2920
requires for the proper operation of the system.	2921

(G) Any member who, because of the member's own illness,	2922
injury, or other reason which may be approved by the member's	2923
employer is prevented from making the member's contribution to the	2924
system for any payroll period, may pay such deductions as a back	2925
payment within one year.	2926

Sec. 149.30. The Ohio historical society, chartered by this	2927
state as a corporation not for profit to promote a knowledge of	2928
history and archaeology, especially of Ohio, and operated	2929
continuously in the public interest since 1885, may perform public	2930
functions as prescribed by law.	2931

The general assembly may appropriate money to the Ohio	2932
historical society each biennium to carry out the public functions	2933
of the society as enumerated in this section. An appropriation by	2934
the general assembly to the society constitutes an offer to	2935
contract with the society to carry out those public functions for	2936
which appropriations are made. An acceptance by the society of the	2937
appropriated funds constitutes an acceptance by the society of the	2938
offer and is considered an agreement by the society to perform	2939
those functions in accordance with the terms of the appropriation	2940
and the law and to expend the funds only for the purposes for	2941
which appropriated. The governor may request on behalf of the	2942
society, and the controlling board may release, additional funds	2943
to the society for survey, salvage, repair, or rehabilitation of	2944
an emergency nature for which funds have not been appropriated,	2945
and acceptance by the society of those funds constitutes an	2946
agreement on the part of the society to expend those funds only	2947
for the purpose for which released by the controlling board.	2948

The society shall faithfully expend and apply all moneys	2949
received from the state to the uses and purposes directed by law	2950
and for necessary administrative expenses. If the general assembly	2951
appropriates money to the society for grants or subsidies to other	2952
entities for their site-related programs, the society, except for	2953
good cause, shall distribute the money within ninety days of	2954
accepting a grant or subsidy application for the money.	2955

The society shall perform the public function of sending	2956
notice by certified mail to the owner of any property at the time	2957
it is listed on the national register of historic places. The	2958
society shall accurately record all expenditures of such funds in	2959
conformity with generally accepted accounting principles.	2960

The auditor of state shall audit all funds and fiscal records	2961
of the society.	2962

The public functions to be performed by the Ohio historical	2963
society shall include all of the following:	2964

(A) Creating, supervising, operating, protecting,	2965
maintaining, and promoting for public use a system of state	2966
memorials, titles to which may reside wholly or in part with this	2967
state or wholly or in part with the society as provided in and in	2968
conformity to appropriate acts and resolves of the general	2969
assembly, and leasing for renewable periods of two years or less,	2970
with the advice and consent of the attorney general and the	2971
director of administrative services, lands and buildings owned by	2972
the state which are in the care, custody, and control of the	2973
society, all of which shall be maintained and kept for public use	2974
at reasonable hours;	2975

(B) Making alterations and improvements, marking, and	2976
constructing, reconstructing, protecting, or restoring structures,	2977
earthworks, and monuments in its care, and equipping such	2978
facilities with appropriate educational maintenance facilities;	2979

(C) Serving as the archives administration for the state and	2980
its political subdivisions as provided in sections 149.31 to	2981
149.42 of the Revised Code;	2982

(D) Administering a state historical museum, to be the	2983
headquarters of the society and its principal museum and library,	2984
which shall be maintained and kept for public use at reasonable	2985
hours;	2986

(E) Establishing a marking system to identify all designated	2987
historic and archaeological sites within the state and marking or	2988
causing to be marked historic sites and communities considered by	2989
the society to be historically or archaeologically significant;	2990

(F) Publishing books, pamphlets, periodicals, and other	2991
publications about history, archaeology, and natural science and	2992
offering one copy of each regular periodical issue to all public	2993
libraries in this state at a reasonable price, which shall not	2994
exceed one hundred ten per cent more than the total cost of	2995
publication;	2996

(G) Engaging in research in history, archaeology, and natural	2997
science and providing historical information upon request to all	2998
state agencies;	2999

(H) Collecting, preserving, and making available by all	3000
appropriate means and under approved safeguards all manuscript,	3001
print, or near-print library collections and all historical	3002
objects, specimens, and artifacts which pertain to the history of	3003
Ohio and its people, including the following original documents:	3004
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed	3005
Ohio Constitution of 1875; design and the letters of patent and	3006
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.	3007
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);	3008
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28	3009
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);	3010
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition	3011
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40	3012
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);	3013
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);	3014
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6	3015
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48	3016
(1947);	3017

(I) Encouraging and promoting the organization and	3018
development of county and local historical societies;	3019

(J) Providing to Ohio schools such materials as the society	3020
may prepare to facilitate the instruction of Ohio history at a	3021
reasonable price, which shall not exceed one hundred ten per cent	3022
more than the total cost of preparation and delivery;	3023

(K) Providing advisory and technical assistance to local	3024
societies for the preservation and restoration of historic and	3025
archaeological sites;	3026

(L) Devising uniform criteria for the designation of historic	3027
and archaeological sites throughout the state and advising local	3028
historical societies of the criteria and their application;	3029

(M) Taking inventory, in cooperation with the Ohio arts	3030
council, the Ohio archaeological council, and the archaeological	3031
society of Ohio, of significant designated and undesignated state	3032
and local sites and keeping an active registry of all designated	3033
sites within the state;	3034

(N) Contracting with the owners or persons having an interest	3035
in designated historic or archaeological sites or property	3036
adjacent or contiguous to those sites, or acquiring, by purchase,	3037
gift, or devise, easements in those sites or in property adjacent	3038
or contiguous to those sites, in order to control or restrict the	3039
use of those historic or archaeological sites or adjacent or	3040
contiguous property for the purpose of restoring or preserving the	3041
historical or archaeological significance or educational value of	3042
those sites;	3043

(O) Constructing a monument honoring Governor James A.	3044
Rhodes, which shall stand on the northeast quadrant of the grounds	3045
surrounding the capitol building. The monument shall be	3046
constructed with private funds donated to the Ohio historical	3047
society and designated for this purpose. No public funds shall be	3048
expended to construct this monument. The department of	3049
administrative services shall cooperate with the Ohio historical	3050
society in carrying out this function and shall maintain the	3051
monument in a manner compatible with the grounds of the capitol	3052
building.	3053

(P) Commissioning a portrait of each departing governor,	3054
which shall be displayed in the capitol building. The Ohio	3055
historical society may accept private contributions designated for	3056
this purpose and, at the discretion of its board of trustees, also	3057
may apply for the same purpose funds appropriated by the general	3058
assembly to the society pursuant to this section.	3059

(Q) ~~Planning and developing a center at the capitol building~~	3060
~~for the purpose of educating visitors about the history of Ohio,~~	3061
~~including its political, economic, and social development and the~~	3062
~~design and erection of the capitol building and its grounds. The~~	3063
~~Ohio historical society may accept contributions of private moneys~~	3064
~~and in-kind services designated for this purpose and may, at the~~	3065
~~discretion of its board of trustees, also apply, for the same~~	3066
~~purpose, personnel and other resources paid in whole or in part by~~	3067
~~its state subsidy.~~	3068

~~(R)~~ Submitting an annual report of its activities, programs,	3069
and operations to the governor within two months after the close	3070
of each fiscal year of the state.	3071

The society shall not sell, mortgage, transfer, or dispose of	3072
historical or archaeological sites to which it has title and in	3073
which the state has monetary interest except by action of the	3074
general assembly.	3075

In consideration of the public functions performed by the	3076
Ohio historical society for the state, employees of the society	3077
shall be considered public employees within the meaning of section	3078
145.01 of the Revised Code.	3079

Sec. 156.02. The director of administrative services may	3080
contract with ~~the office of energy efficiency in the department~~	3081
~~of development~~an energy services company, contractor, architect,	3082
professional engineer, or other person experienced in the design	3083
and implementation of energy conservation measures for a report	3084
containing an analysis and recommendations pertaining to the	3085
implementation of energy conservation measures that would	3086
significantly reduce energy consumption and operating costs in	3087
any buildings owned by the state and, upon request of its board	3088
of trustees or managing authority, any building owned by an	3089
institution of higher education as defined in section 3345.12 of	3090
the Revised Code. The report shall include estimates of all costs	3091
of such measures, including the costs of design, engineering,	3092
installation, maintenance, repairs, and debt service, and	3093
estimates of the amounts by which energy consumption and	3094
operating costs would be reduced.	3095

Sec. 165.01. As used in this chapter:

3096

(A) "Agency" means a community improvement corporation	3097
organized under Chapter 1724. of the Revised Code and designated,	3098
pursuant to section 1724.10 of the Revised Code, as the agency of	3099
a municipal corporation or county.	3100

(B) "Bonds" means bonds, notes, or other forms of evidences	3101
of obligation issued in temporary or definitive form, including	3102
notes issued in anticipation of the issuance of bonds and renewal	3103
notes. The funding of bond anticipation notes with bonds or	3104
renewal notes and the exchange of definitive bonds for temporary	3105
bonds are not subject to section 165.07 of the Revised Code.	3106

(C) "Bond proceedings" means the resolution or ordinance or	3107
the trust agreement or indenture of mortgage, or combination	3108
thereof, authorizing or providing for the terms and conditions	3109
applicable to bonds issued under authority of this chapter.	3110

(D) "Issuer" means the state, or a county or municipal	3111
corporation of this state which county or municipal corporation	3112
has, pursuant to section 1724.10 of the Revised Code, designated a	3113
community improvement corporation as its agency for industrial,	3114
commercial, distribution, and research development and for which a	3115
plan has been prepared by such community improvement corporation	3116
and confirmed by its issuing authority.	3117

(E) "Issuing authority" means in the case of the state, the	3118
director of development; in the case of a municipal corporation,	3119
the legislative authority thereof; and in the case of a county,	3120
the board of county commissioners or whatever officers, board,	3121
commission, council, or other body might succeed to the	3122
legislative powers of the commissioners.	3123

(F) "Plan" means a plan prepared by the agency pursuant to	3124
section 1724.10 of the Revised Code, and confirmed by the issuing	3125
authority of a municipal corporation or county.	3126

(G) "Pledged facilities" means the project or projects	3127
mortgaged or the rentals, revenues, and other income, charges, and	3128
moneys from which are pledged, or both, for the payment of the	3129
principal of and interest on the bonds issued under authority of	3130
section 165.03 of the Revised Code, and includes a project for	3131
which a loan has been made under authority of this chapter, in	3132
which case, references in this chapter to revenues of such pledged	3133
facilities or from the disposition thereof includes payments made	3134
or to be made to or for the account of the issuer pursuant to such	3135
loan.	3136

(H) "Project" means real or personal property, or both,	3137
including undivided and other interests therein, acquired by gift	3138
or purchase, constructed, reconstructed, enlarged, improved,	3139
furnished, or equipped, or any combination thereof, by an issuer,	3140
or by others in whole or in part from the proceeds of a loan made	3141
by an issuer, for industry, commerce, distribution, or research	3142
and located within the boundaries of the issuer. "Project"	3143
includes sanitary facilities, drainage facilities, and prevention	3144
or replacement facilities as defined in section 6117.01 of the	3145
Revised Code. A project as defined in this division is hereby	3146
determined to qualify as facilities described in Section 13 of	3147
Article VIII, Ohio Constitution.	3148

(I) "Revenues" means the rentals, revenues, payments,	3149
repayments, income, charges, and moneys derived or to be derived	3150
from the use, lease, sublease, rental, sale, including installment	3151
sale or conditional sale, or other disposition of pledged	3152
facilities, or derived or to be derived pursuant to a loan made	3153
for a project, bond proceeds to the extent provided in the bond	3154
proceedings for the payment of principal of, or premium, if any,	3155
or interest on the bonds, proceeds from any insurance,	3156
condemnation or guaranty pertaining to pledged facilities or the	3157
financing thereof, and income and profit from the investment of	3158
the proceeds of bonds or of any revenues.	3159

(J) "Security interest" means a mortgage, lien, or other	3160
encumbrance on, or pledge or assignment of, or other security	3161
interest with respect to all or any part of pledged facilities,	3162
revenues, reserve funds, or other funds established under the bond	3163
proceedings, or on, of, or with respect to, a lease, sublease,	3164
sale, conditional sale or installment sale agreement, loan	3165
agreement, or any other agreement pertaining to the lease,	3166
sublease, sale, or other disposition of a project or pertaining to	3167
a loan made for a project, or any guaranty or insurance agreement	3168
made with respect thereto, or any interest of the issuer therein,	3169
or any other interest granted, assigned, or released to secure	3170
payments of the principal of, premium, if any, or interest on any	3171
bonds or to secure any other payments to be made by an issuer	3172
under the bond proceedings. Any security interest under this	3173
chapter may be prior or subordinate to or on a parity with any	3174
other mortgage, lien, encumbrance, pledge, assignment, or other	3175
security interest.	3176

Sec. 165.03. (A) An issuer may issue bonds for the purpose	3177
of providing moneys to acquire by purchase, construct,	3178
reconstruct, enlarge, improve, furnish, or equip one or more	3179
projects or parts thereof, or for any combination of such	3180
purposes, including providing moneys to make loans to others for	3181
such purposes. The issuing authority shall provide by resolution	3182
or ordinance for the issuance of such bonds. The bond proceedings	3183
may contain determinations by the issuing authority that the	3184
project to be financed thereunder is a project as defined in this	3185
chapter and is consistent with the purposes of Section 13 of	3186
Article VIII, Ohio Constitution, and such determinations shall be	3187
conclusive as to the validity and enforceability of the bonds	3188
issued under such bond proceedings and of such bond proceedings	3189
and security interests given and leases, subleases, sale	3190
agreements, loan agreements, and other agreements made in	3191
connection therewith, all in accordance with their terms.	3192

The principal of and interest on the bonds and all other	3193
payments required to be made by the bond proceedings shall be	3194
payable solely from the revenues and secured by security interests	3195
as provided in such bond proceedings. Bond anticipation notes may	3196
be secured, solely or additionally, by a covenant of the issuer	3197
that it will do all things necessary for the issuance of the bonds	3198
anticipated or renewal notes in appropriate amount and either	3199
exchange such bonds or renewal notes for such notes or apply the	3200
proceeds therefrom to the extent necessary to make full payment of	3201
the principal of and interest on such notes. The bond proceedings	3202
shall not obligate or pledge moneys raised by taxation.	3203

Bonds may be issued at one time or from time to time, shall	3204
be dated, shall mature at such time or times not exceeding thirty	3205
years from date of issue, and may be redeemable before maturity at	3206
such price or prices and under such terms and conditions, all as	3207
provided in the bond proceedings. The bonds shall bear interest at	3208
such rate or rates, or at a variable rate or rates changing from	3209
time to time in accordance with a base or formula, as provided in	3210
or authorized by the bond proceedings. The issuing authority shall	3211
determine the form of the bonds, fix their denominations and	3212
method of execution, and establish within or without the state a	3213
place or places for the payment of principal or interest.	3214

(B) The issuing authority may provide for sales of bonds at	3215
public or private sale as it deems most advantageous and for such	3216
prices, whether above or below the par value thereof, as it	3217
determines or within such limit or limits as it determines.	3218

(C) If the issuer is a county or municipal corporation, then,	3219
prior to the delivery of bonds issued under authority of this	3220
section, the issuing authority shall first have received from its	3221
agency a certification that a project to be financed by the	3222
issuance of such bonds is in accordance with the plan, except that	3223
no such certification is necessary if the project is a sanitary	3224
facility, drainage facility, or prevention or replacement facility	3225
as defined in section 6117.01 of the Revised Code. If the state is	3226
the issuer, then prior to the authorization of the bonds, the	3227
issuing authority of the state shall have received a written	3228
request for the issuance of the bonds from either the board of	3229
directors of a port authority created pursuant to the authority of	3230
section 4582.02 of the Revised Code if the project is within the	3231
jurisdiction of the port authority or from the issuing authority	3232
of the municipal corporation, if the project is within the	3233
boundaries of a municipal corporation, or of the county, if the	3234
project is within the unincorporated portion of the county, and if	3235
the project is to be located within a municipal corporation with a	3236
plan or in an unincorporated portion of the county with a plan,	3237
then prior to the delivery of bonds issued under this section, the	3238
issuing authority shall first have received from the agency of the	3239
municipal corporation if within its limits, or from the agency of	3240
the county if in unincorporated territory, a certification that	3241
such project is in accordance with its plan, except that no such	3242
certification is necessary if the request for issuance of the	3243
bonds is made by the port authority.	3244

(D) If the issuer is a county or municipal corporation, then,	3245
prior to the delivery of bonds issued under authority of this	3246
section, the issuing authority shall have caused a written notice	3247
to have been mailed by certified mail to the director of the	3248
department of development of the state advising such director of	3249
the proposed delivery of the bonds, the amount thereof, the	3250
proposed lessee, and a general description of the project or	3251
projects to be financed.	3252

(E) In case any officer who has signed any bonds or coupons	3253
pertaining thereto, or caused ~~his~~the officer's facsimile	3254
signature to be affixed thereto, ceases to be such officer before	3255
such bonds or coupons have been delivered, such bonds or coupons	3256
may, nevertheless, be issued and delivered as though the person	3257
who had signed the bonds or coupons or caused ~~his~~the person's	3258
facsimile signature to be affixed thereto had not ceased to be	3259
such officer. Any bonds or coupons may be executed on behalf of	3260
the issuer by an officer who, on the date of execution, is the	3261
proper officer although on the date of such bonds or coupons such	3262
person was not the proper officer.	3263

(F) All bonds issued under authority of this chapter,	3264
regardless of form or terms and regardless of any other law to the	3265
contrary, shall have all qualities and incidents of negotiable	3266
instruments, subject to provisions for registration, and may be	3267
issued in coupon, fully registered, or other form, or any	3268
combination thereof, as the issuing authority determines.	3269
Provision may be made for the registration of any coupon bonds as	3270
to principal alone or as to both principal and interest, and for	3271
the conversion into coupon bonds of any fully registered bonds or	3272
bonds registered as to both principal and interest.	3273

Sec. 303.12. (A)(1) Amendments to the zoning resolution may	3274
be initiated by motion of the county rural zoning commission, by	3275
the passage of a resolution by the board of county commissioners,	3276
or by the filing of an application by one or more of the owners or	3277
lessees of property within the area proposed to be changed or	3278
affected by the proposed amendment with the county rural zoning	3279
commission. The board of county commissioners may require that the	3280
owner or lessee of property filing an application to amend the	3281
zoning resolution pay a fee to defray the cost of advertising,	3282
mailing, filing with the county recorder, and other expenses. If	3283
the board of county commissioners requires such a fee, it shall be	3284
required generally, for each application. The board of county	3285
commissioners, upon the passage of such a resolution, shall	3286
certify it to the county rural zoning commission.	3287

(2) Upon the adoption of a motion by the county rural zoning	3288
commission, the certification of a resolution by the board of	3289
county commissioners to the commission, or the filing of an	3290
application by property owners or lessees as described in division	3291
(A)(1) of this section with the commission, the commission shall	3292
set a date for a public hearing, which date shall not be less than	3293
twenty nor more than forty days from the date of adoption of such	3294
a motion, the date of the certification of such a resolution, or	3295
the date of the filing of such an application. Notice of the	3296
hearing shall be given by the commission by one publication in one	3297
or more newspapers of general circulation in each township	3298
affected by the proposed amendment at least ten days before the	3299
date of the hearing.	3300

(B) If the proposed amendment intends to rezone or redistrict	3301
ten or fewer parcels of land, as listed on the county auditor's	3302
current tax list, written notice of the hearing shall be mailed by	3303
the county rural zoning commission, by first class mail, at least	3304
ten days before the date of the public hearing to all owners of	3305
property within and contiguous to and directly across the street	3306
from the area proposed to be rezoned or redistricted to the	3307
addresses of those owners appearing on the county auditor's	3308
current tax list. The failure of delivery of that notice shall not	3309
invalidate any such amendment.	3310

(C) If the proposed amendment intends to rezone or redistrict	3311
ten or fewer parcels of land as listed on the county auditor's	3312
current tax list, the published and mailed notices shall set forth	3313
the time, date, and place of the public hearing and include all of	3314
the following:	3315

(1) The name of the county rural zoning commission that will	3316
be conducting the hearing;	3317

(2) A statement indicating that the motion, resolution, or	3318
application is an amendment to the zoning resolution;	3319

(3) A list of the addresses of all properties to be rezoned	3320
or redistricted by the proposed amendment and of the names of	3321
owners of these properties, as they appear on the county auditor's	3322
current tax list;	3323

(4) The present zoning classification of property named in	3324
the proposed amendment and the proposed zoning classification of	3325
that property;	3326

(5) The time and place where the motion, resolution, or	3327
application proposing to amend the zoning resolution will be	3328
available for examination for a period of at least ten days prior	3329
to the hearing;	3330

(6) The name of the person responsible for giving notice of	3331
the public hearing by publication, by mail, or by both publication	3332
and mail;	3333

(7) A statement that, after the conclusion of the hearing,	3334
the matter will be submitted to the board of county commissioners	3335
for its action;	3336

(8) Any other information requested by the commission.

3337

(D) If the proposed amendment alters the text of the zoning	3338
resolution, or rezones or redistricts more than ten parcels of	3339
land as listed on the county auditor's current tax list, the	3340
published notice shall set forth the time, date, and place of the	3341
public hearing and include all of the following:	3342

(1) The name of the county rural zoning commission that will	3343
be conducting the hearing on the proposed amendment;	3344

(2) A statement indicating that the motion, application, or	3345
resolution is an amendment to the zoning resolution;	3346

(3) The time and place where the text and maps of the	3347
proposed amendment will be available for examination for a period	3348
of at least ten days prior to the hearing;	3349

(4) The name of the person responsible for giving notice of	3350
the hearing by publication;	3351

(5) A statement that, after the conclusion of the hearing,	3352
the matter will be submitted to the board of county commissioners	3353
for its action;	3354

(6) Any other information requested by the commission.

3355

Hearings shall be held in the county court house or in a	3356
public place designated by the commission.	3357

(E) Within five days after the adoption of the motion	3358
described in division (A) of this section, the certification of	3359
the resolution described in division (A) of this section, or the	3360
filing of the application described in division (A) of this	3361
section, the county rural zoning commission shall transmit a copy	3362
of it together with text and map pertaining to it to the county or	3363
regional planning commission, if there is such a commission.	3364

The county or regional planning commission shall recommend	3365
the approval or denial of the proposed amendment or the approval	3366
of some modification of it and shall submit its recommendation to	3367
the county rural zoning commission. The recommendation shall be	3368
considered at the public hearing held by the county rural zoning	3369
commission on the proposed amendment.	3370

The county rural zoning commission, within thirty days after	3371
the hearing, shall recommend the approval or denial of the	3372
proposed amendment, or the approval of some modification of it,	3373
and shall submit that recommendation together with the motion,	3374
application, or resolution involved, the text and map pertaining	3375
to the proposed amendment, and the recommendation of the county or	3376
regional planning commission on it to the board of county	3377
commissioners.	3378

The board of county commissioners, upon receipt of that	3379
recommendation, shall set a time for a public hearing on the	3380
proposed amendment, which date shall be not more than thirty days	3381
from the date of the receipt of that recommendation. Notice of the	3382
hearing shall be given by the board by one publication in one or	3383
more newspapers of general circulation in the county, at least ten	3384
days before the date of the hearing.	3385

(F) If the proposed amendment intends to rezone or redistrict	3386
ten or fewer parcels of land as listed on the county auditor's	3387
current tax list, the published notice shall set forth the time,	3388
date, and place of the public hearing and include all of the	3389
following:	3390

(1) The name of the board of county commissioners that will	3391
be conducting the hearing;	3392

(2) A statement indicating that the motion, application, or	3393
resolution is an amendment to the zoning resolution;	3394

(3) A list of the addresses of all properties to be rezoned	3395
or redistricted by the proposed amendment and of the names of	3396
owners of those properties, as they appear on the county auditor's	3397
current tax list;	3398

(4) The present zoning classification of property named in	3399
the proposed amendment and the proposed zoning classification of	3400
that property;	3401

(5) The time and place where the motion, application, or	3402
resolution proposing to amend the zoning resolution will be	3403
available for examination for a period of at least ten days prior	3404
to the hearing;	3405

(6) The name of the person responsible for giving notice of	3406
the hearing by publication, by mail, or by both publication and	3407
mail;	3408

(7) Any other information requested by the board.

3409

(G) If the proposed amendment alters the text of the zoning	3410
resolution, or rezones or redistricts more than ten parcels of	3411
land as listed on the county auditor's current tax list, the	3412
published notice shall set forth the time, date, and place of the	3413
public hearing and include all of the following:	3414

(1) The name of the board of county commissioners that will	3415
be conducting the hearing on the proposed amendment;	3416

(2) A statement indicating that the motion, application, or	3417
resolution is an amendment to the zoning resolution;	3418

(3) The time and place where the text and maps of the	3419
proposed amendment will be available for examination for a period	3420
of at least ten days prior to the hearing;	3421

(4) The name of the person responsible for giving notice of	3422
the hearing by publication;	3423

(5) Any other information requested by the board.

3424

(H) Within twenty days after its public hearing, the board of	3425
county commissioners shall either adopt or deny the recommendation	3426
of the county rural zoning commission or adopt some modification	3427
of it. If the board denies or modifies the commission's	3428
recommendation, ~~the unanimous~~a majority vote of the board shall	3429
be required.	3430

The proposed amendment, if adopted by the board, shall become	3431
effective in thirty days after the date of its adoption, unless,	3432
within thirty days after the adoption, there is presented to the	3433
board of county commissioners a petition, signed by a number of	3434
qualified voters residing in the unincorporated area of the	3435
township or part of that unincorporated area included in the	3436
zoning plan equal to not less than eight per cent of the total	3437
vote cast for all candidates for governor in that area at the most	3438
recent general election at which a governor was elected,	3439
requesting the board to submit the amendment to the electors of	3440
that area for approval or rejection at a special election to be	3441
held on the day of the next primary or general election. Each part	3442
of this petition shall contain the number and the full and correct	3443
title, if any, of the zoning amendment resolution, motion, or	3444
application, furnishing the name by which the amendment is known	3445
and a brief summary of its contents. In addition to meeting the	3446
requirements of this section, each petition shall be governed by	3447
the rules specified in section 3501.38 of the Revised Code.	3448

The form of a petition calling for a zoning referendum and	3449
the statement of the circulator shall be substantially as follows:	3450

"PETITION FOR ZONING REFERENDUM	3451

(if the proposal is identified by a particular name or number, or	3452
both, these should be inserted here) ........................	3453

A proposal to amend the zoning map of the unincorporated area	3454
of .............. Township, ................... County, Ohio,	3455
adopted ....... (date) .......... (followed by brief summary of	3456
the proposal).	3457

To the Board of County Commissioners of ..................	3458
County, Ohio:	3459

We, the undersigned, being electors residing in the	3460
unincorporated area of ............... Township, included within	3461
the ................. County Zoning Plan, equal to not less than	3462
eight per cent of the total vote cast for all candidates for	3463
governor in the area at the preceding general election at which a	3464
governor was elected, request the Board of County Commissioners to	3465
submit this amendment of the zoning resolution to the electors of	3466
............. Township residing within the unincorporated area of	3467
the township included in the ............... County Zoning	3468
Resolution, for approval or rejection at a special election to be	3469
held on the day of the next primary or general election to be held	3470
on ........(date)......., pursuant to section 303.12 of the	3471
Revised Code.	3472

	Street Address				Date of		3473
Signature	or R.F.D.	Township	Precinct	County	Signing		3474

..............................................................	3475

..............................................................	3476

STATEMENT OF CIRCULATOR	3477

I, .....................(name of circulator)...................,	3478
declare under penalty of election falsification that I am an	3479
elector of the state of Ohio and reside at the address appearing	3480
below my signature; that I am the circulator of the foregoing part	3481
petition containing .....(number)....... signatures; that I have	3482
witnessed the affixing of every signature; that all signers were	3483
to the best of my knowledge and belief qualified to sign; and that	3484
every signature is to the best of my knowledge and belief the	3485
signature of the person whose signature it purports to be or of an	3486
attorney in fact acting pursuant to section 3501.382 of the	3487
Revised Code.	3488

	................................		3489
	(Signature of circulator)		3490
	................................		3491
	(Address of circulator's permanent		3492
	residence in this state)		3493
	................................		3494
	(City, village, or township,		3495
	and zip code)		3496

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3497
OF THE FIFTH DEGREE."	3498

No amendment for which such a referendum vote has been	3499
requested shall be put into effect unless a majority of the vote	3500
cast on the issue is in favor of the amendment. Upon certification	3501
by the board of elections that the amendment has been approved by	3502
the voters, it shall take immediate effect.	3503

Within five working days after an amendment's effective date,	3504
the board of county commissioners shall file the text and maps of	3505
the amendment in the office of the county recorder and with the	3506
regional or county planning commission, if one exists.	3507

The failure to file any amendment, or any text and maps, or	3508
duplicates of any of these documents, with the office of the	3509
county recorder or the county or regional planning commission as	3510
required by this section does not invalidate the amendment and is	3511
not grounds for an appeal of any decision of the board of zoning	3512
appeals.	3513

Sec. 303.211. (A) Except as otherwise provided in division	3514
(B) or (C) of this section, sections 303.01 to 303.25 of the	3515
Revised Code do not confer any power on any board of county	3516
commissioners or board of zoning appeals in respect to the	3517
location, erection, construction, reconstruction, change,	3518
alteration, maintenance, removal, use, or enlargement of any	3519
buildings or structures of any public utility or railroad, whether	3520
publicly or privately owned, or the use of land by any public	3521
utility or railroad for the operation of its business. As used in	3522
this division, "public utility" does not include a person that	3523
owns or operates a solid waste facility or a solid waste transfer	3524
facility, other than a publicly owned solid waste facility or a	3525
publicly owned solid waste transfer facility, that has been issued	3526
a permit under Chapter 3734. of the Revised Code or a	3527
construction and demolition debris facility that has been issued	3528
a permit under Chapter 3714. of the Revised Code.	3529

(B)(1) As used in this division, "telecommunications tower"	3530
means any free-standing structure, or any structure to be attached	3531
to a building or other structure, that meets all of the following	3532
criteria:	3533

(a) The free-standing or attached structure is proposed to be	3534
constructed on or after October 31, 1996.	3535

(b) The free-standing or attached structure is proposed to be	3536
owned or principally used by a public utility engaged in the	3537
provision of telecommunications services.	3538

(c) The free-standing or attached structure is proposed to be	3539
located in an unincorporated area of a township, in an area zoned	3540
for residential use.	3541

(d)(i) The free-standing structure is proposed to top at a	3542
height that is greater than either the maximum allowable height of	3543
residential structures within the zoned area as set forth in the	3544
applicable zoning regulations, or the maximum allowable height of	3545
such a free-standing structure as set forth in any applicable	3546
zoning regulations in effect immediately prior to October 31,	3547
1996, or as those regulations subsequently are amended.	3548

(ii) The attached structure is proposed to top at a height	3549
that is greater than either the height of the building or other	3550
structure to which it is to be attached, or the maximum allowable	3551
height of such an attached structure as set forth in any	3552
applicable zoning regulations in effect immediately prior to	3553
October 31, 1996, or as those regulations subsequently are	3554
amended.	3555

(e) The free-standing or attached structure is proposed to	3556
have attached to it radio frequency transmission or reception	3557
equipment.	3558

(2) Sections 303.01 to 303.25 of the Revised Code confer	3559
power on a board of county commissioners or board of zoning	3560
appeals with respect to the location, erection, construction,	3561
reconstruction, change, alteration, removal, or enlargement of a	3562
telecommunications tower, but not with respect to the maintenance	3563
or use of such a tower or any change or alteration that would not	3564
substantially increase the tower's height. However, the power so	3565
conferred shall apply to a particular telecommunications tower	3566
only upon the provision of a notice, in accordance with division	3567
(B)(4)(a) of this section, to the person proposing to construct	3568
the tower.	3569

(3) Any person who plans to construct a telecommunications	3570
tower in an area subject to county zoning regulations shall	3571
provide both of the following by certified mail:	3572

(a) Written notice to the board of township trustees of the	3573
township in which the tower is proposed to be constructed and to	3574
each owner of property, as shown on the county auditor's current	3575
tax list, whose land is contiguous to or directly across a street	3576
or roadway from the property on which the tower is proposed to be	3577
constructed, stating all of the following in clear and concise	3578
language:	3579

(i) The person's intent to construct the tower;

3580

(ii) A description of the property sufficient to identify the	3581
proposed location;	3582

(iii) That, no later than fifteen days after the date of	3583
mailing of the notice, such board of township trustees or any such	3584
property owner may give written notice to the board of county	3585
commissioners requesting that sections 303.01 to 303.25 of the	3586
Revised Code apply to the proposed location of the tower as	3587
provided under division (B)(4)(a) of this section.	3588

If the notice to the board of township trustees or to a	3589
property owner is returned unclaimed or refused, the person shall	3590
mail the notice by regular mail. The failure of delivery of the	3591
notice does not invalidate the notice.	3592

(b) Written notice to the board of county commissioners of	3593
the information specified in divisions (B)(3)(a)(i) and (ii) of	3594
this section. The notice to the board also shall include	3595
verification that the person has complied with division (B)(3)(a)	3596
of this section.	3597

(4)(a) If the board of county commissioners receives notice	3598
from the board of township trustees or a property owner under	3599
division (B)(3)(a)(iii) of this section within the time specified	3600
in that division or if a member of the board of county	3601
commissioners makes an objection to the proposed location of the	3602
telecommunications tower within fifteen days after the date of	3603
mailing of the notice sent under division (B)(3)(b) of this	3604
section, the board of county commissioners shall send the person	3605
proposing to construct the tower written notice that the tower is	3606
subject to the power conferred by and in accordance with division	3607
(B)(2) of this section. The notice shall be sent no later than	3608
five days after the earlier of the date the board first receives	3609
such a notice from the board of township trustees or a property	3610
owner or the date upon which a member of the board of county	3611
commissioners makes an objection. Upon the date of mailing of the	3612
notice to the person, sections 303.01 to 303.25 of the Revised	3613
Code shall apply to the tower.	3614

(b) If the board of county commissioners receives no notice	3615
under division (B)(3)(a)(iii) of this section within the time	3616
prescribed by that division or no board member has an objection as	3617
provided under division (B)(4)(a) of this section within the time	3618
prescribed by that division, division (A) of this section shall	3619
apply to the tower without exception.	3620

(C) Sections 303.01 to 303.25 of the Revised Code confer	3621
power on a board of county commissioners or board of zoning	3622
appeals with respect to the location, erection, construction,	3623
reconstruction, change, alteration, maintenance, removal, use, or	3624
enlargement of any buildings or structures of a public utility	3625
engaged in the business of transporting persons or property, or	3626
both, or providing or furnishing such transportation service, over	3627
any public street, road, or highway in this state, and with	3628
respect to the use of land by any such public utility for the	3629
operation of its business, to the extent that any exercise of such	3630
power is reasonable and not inconsistent with Chapters 4901.,	3631
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	3632
However, this division confers no power on a board of county	3633
commissioners or board of zoning appeals with respect to a	3634
building or structure of, or the use of land by, a person engaged	3635
in the transportation of farm supplies to the farm or farm	3636
products from farm to market or to food fabricating plants.	3637

(D) Sections 303.01 to 303.25 of the Revised Code confer no	3638
power on any county rural zoning commission, board of county	3639
commissioners, or board of zoning appeals to prohibit the sale or	3640
use of alcoholic beverages in areas where the establishment and	3641
operation of any retail business, hotel, lunchroom, or restaurant	3642
is permitted.	3643

(E)(1) Any person who plans to construct a telecommunications	3644
tower within one hundred feet of a residential dwelling shall	3645
provide a written notice to the owner of the residential dwelling	3646
and to the person occupying the residence, if that person is not	3647
the owner of the residence, stating in clear and concise language	3648
the person's intent to construct the tower and a description of	3649
the property sufficient to identify the proposed location. The	3650
notice shall be sent by certified mail. If the notice is returned	3651
unclaimed or refused, the person shall mail the notice by regular	3652
mail. The failure of delivery does not invalidate the notice.	3653

(2) As used in division (E) of this section:

3654

(a) "Residential dwelling" means a building used or intended	3655
to be used as a personal residence by the owner, part-time owner,	3656
or lessee of the building, or any person authorized by such a	3657
person to use the building as a personal residence.	3658

(b) "Telecommunications tower" has the same meaning as in	3659
division (B)(1) of this section, except that the proposed location	3660
of the free-standing or attached structure may be an area other	3661
than an unincorporated area of a township, in an area zoned for	3662
residential use.	3663

Sec. 303.213. (A) As used in this section, "small wind farm"	3664
means wind turbines and associated facilities that are	3665
interconnected with a medium voltage power collection system and	3666
communications network and are designed for, or capable of,	3667
operation at an aggregate capacity of less than five megawatts.	3668

(B) Notwithstanding division (A) of section 303.211 of the	3669
Revised Code, sections 303.01 to 303.25 of the Revised Code confer	3670
power on a board of county commissioners or board of zoning	3671
appeals to adopt zoning regulations governing the location,	3672
erection, construction, reconstruction, change, alteration,	3673
maintenance, removal, use, or enlargement of any small wind farm,	3674
whether publicly or privately owned, or the use of land for that	3675
purpose, which regulations may be more strict than the regulations	3676
prescribed in rules adopted under division (C)(2) of section	3677
4906.20 of the Revised Code.	3678

(C) The designation under this section of a small wind farm	3679
as a public utility for purposes of sections 303.01 to 303.25 of	3680
the Revised Code shall not affect the classification of a small	3681
wind farm for purposes of state or local taxation.	3682

(D) Nothing in division (C) of this section shall be	3683
construed as affecting the classification of a telecommunications	3684
tower as defined in division (B) or (E) of section 303.211 of the	3685
Revised Code or any other public utility for purposes of state and	3686
local taxation.	3687

Sec. 306.43. (A) The board of trustees of a regional transit	3688
authority or any officer or employee designated by such board may	3689
make any contract for the purchase of goods or services, the cost	3690
of which does not exceed ~~twenty-five~~one hundred thousand	3691
dollars. When an expenditure, other than for the acquisition of	3692
real estate, the discharge of claims, or the acquisition of	3693
goods or services under the circumstances described in division	3694
(H) of this section, is expected to exceed ~~twenty-five~~one	3695
hundred thousand dollars, such expenditure shall be made through	3696
full and open competition by the use of competitive procedures.	3697
The regional transit authority shall use the competitive	3698
procedure, as set forth in divisions (B), (C), (D), and (E) of	3699
this section, that is most appropriate under the circumstances	3700
of the procurement.	3701

(B) Competitive sealed bidding is the preferred method of	3702
procurement and a regional transit authority shall use that method	3703
if all of the following conditions exist:	3704

(1) A clear, complete and adequate description of the goods,	3705
services, or work is available;	3706

(2) Time permits the solicitation, submission, and evaluation	3707
of sealed bids;	3708

(3) The award will be made on the basis of price and other	3709
price-related factors;	3710

(4) It is not necessary to conduct discussions with	3711
responding offerors about their bids;	3712

(5) There is a reasonable expectation of receiving more than	3713
one sealed bid.	3714

A regional transit authority shall publish a notice calling	3715
for bids once a week for no less than two consecutive weeks in at	3716
least one newspaper of general circulation within the territorial	3717
boundaries of the regional transit authority. A regional transit	3718
authority may require that a bidder for any contract other than a	3719
construction contract provide a bid guaranty in the form, quality,	3720
and amount considered appropriate by the regional transit	3721
authority. The board may let the contract to the lowest responsive	3722
and responsible bidder. Where fewer than two responsive bids are	3723
received, a regional transit authority may negotiate price with	3724
the sole responsive bidder or may rescind the solicitation and	3725
procure under division (H)(2) of this section.	3726

(C) A regional transit authority may use two-step competitive	3727
bidding, consisting of a technical proposal and a separate,	3728
subsequent sealed price bid from those submitting acceptable	3729
technical proposals, if both of the following conditions exist:	3730

(1) A clear, complete, and adequate description of the goods,	3731
services, or work is not available, but definite criteria exist	3732
for the evaluation of technical proposals;	3733

(2) It is necessary to conduct discussions with responding	3734
offerors.	3735

A regional transit authority shall publish a notice calling	3736
for technical proposals once a week for no less than two	3737
consecutive weeks in at least one newspaper of general circulation	3738
within the territorial boundaries of the regional transit	3739
authority. A regional transit authority may require a bid guaranty	3740
in the form, quality, and amount the regional transit authority	3741
considers appropriate. The board may let the contract to the	3742
lowest responsive and responsible bidder. Where fewer than two	3743
responsive and responsible bids are received, a regional transit	3744
authority may negotiate price with the sole responsive and	3745
responsible bidder or may rescind the solicitation and procure	3746
under division (H)(2) of this section.	3747

(D) A regional transit authority shall make a procurement by	3748
competitive proposals if competitive sealed bidding or two-step	3749
competitive bidding is not appropriate.	3750

A regional transit authority shall publish a notice calling	3751
for proposals once a week for no less than two consecutive weeks	3752
in at least one newspaper of general circulation within the	3753
territorial boundaries of the regional transit authority. A	3754
regional transit authority may require a proposal guaranty in the	3755
form, quality, and amount considered appropriate by the regional	3756
transit authority. The board may let the contract to the proposer	3757
making the offer considered most advantageous to the authority.	3758
Where fewer than two competent proposals are received, a regional	3759
transit authority may negotiate price and terms with the sole	3760
proposer or may rescind the solicitation and procure under	3761
division (H)(2) of this section.	3762

(E)(1) A regional transit authority shall procure the	3763
services of an architect or engineer in the manner prescribed by	3764
the "Federal Mass Transportation Act of 1987," Public Law No.	3765
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608	3766
and the services of a construction manager in the manner	3767
prescribed by sections 9.33 to 9.332 of the Revised Code.	3768

(2) A regional transit authority may procure revenue rolling	3769
stock in the manner prescribed by division (B), (C), or (D) of	3770
this section.	3771

(3) All contracts for construction in excess of ~~twenty-five~~	3772
one hundred thousand dollars shall be made only after the regional	3773
transit authority has published a notice calling for bids once a	3774
week for two consecutive weeks in at least one newspaper of	3775
general circulation within the territorial boundaries of the	3776
regional transit authority. The board may award a contract to the	3777
lowest responsive and responsible bidder. Where only one	3778
responsive and responsible bid is received, the regional transit	3779
authority may negotiate price with the sole responsive bidder or	3780
may rescind the solicitation. The regional transit authority	3781
shall award construction contracts in accordance with sections	3782
153.12 to 153.14 and 153.54 of the Revised Code. Divisions (B)	3783
and (C) of this section shall not apply to the award of contracts	3784
for construction.	3785

(F) All contracts involving expenditures in excess of	3786
~~twenty-five~~one hundred thousand dollars shall be in writing and	3787
shall be accompanied by or shall refer to plans and specifications	3788
for the work to be done. The plans and specifications shall at all	3789
times be made and considered part of the contract. For all	3790
contracts other than construction contracts, a regional transit	3791
authority may require performance, payment, or maintenance	3792
guaranties or any combination of such guaranties in the form,	3793
quality, and amount it considers appropriate. The contract shall	3794
be approved by the board and signed on behalf of the regional	3795
transit authority and by the contractor.	3796

(G) In making a contract, a regional transit authority may	3797
give preference to goods produced in the United States in	3798
accordance with the Buy America requirements in the "Surface	3799
Transportation Assistance Act of 1982," Public Law No. 97-424,	3800
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and	3801
the rules adopted thereunder. The regional transit authority also	3802
may give preference to providers of goods produced in and services	3803
provided in labor surplus areas as defined by the United States	3804
department of labor in 41 U.S.C.A. 401 note, Executive Order No.	3805
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.	3806

(H) Competitive procedures under this section are not	3807
required in any of the following circumstances:	3808

(1) The board of trustees of a regional transit authority, by	3809
a two-thirds affirmative vote of its members, determines that a	3810
real and present emergency exists under any of the following	3811
conditions, and the board enters its determination and the reasons	3812
for it in its proceedings:	3813

(a) Affecting safety, welfare, or the ability to deliver	3814
transportation services;	3815

(b) Arising out of an interruption of contracts essential to	3816
the provision of daily transit services;	3817

(c) Involving actual physical damage to structures, supplies,	3818
equipment, or property.	3819

(2) The purchase consists of goods or services, or any	3820
combination thereof, and after reasonable inquiry the board or any	3821
officer or employee the board designates finds that only one	3822
source of supply is reasonably available.	3823

(3) The expenditure is for a renewal or renegotiation of a	3824
lease or license for telecommunications or electronic data	3825
processing equipment, services, or systems, or for the upgrade of	3826
such equipment, services, or systems, or for the maintenance	3827
thereof as supplied by the original source or its successors or	3828
assigns.	3829

(4) The purchase of goods or services is made from another	3830
political subdivision, public agency, public transit system,	3831
regional transit authority, the state, or the federal government,	3832
or as a third-party beneficiary under a state or federal	3833
procurement contract, or as a participant in a department of	3834
administrative services contract under division (B) of section	3835
125.04 of the Revised Code.	3836

(5) The sale and leaseback or lease and leaseback of transit	3837
facilities is made as provided in division (AA) of section 306.35	3838
of the Revised Code.	3839

(6) The purchase substantially involves services of a	3840
personal, professional, highly technical, or scientific nature,	3841
including but not limited to the services of an attorney,	3842
physician, surveyor, appraiser, investigator, court reporter,	3843
adjuster, advertising consultant, or licensed broker, or involves	3844
the special skills or proprietary knowledge required for the	3845
servicing of specialized equipment owned by the regional transit	3846
authority.	3847

(7) Services or supplies are available from a qualified	3848
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	3849
Revised Code.	3850

(8) The purchase consists of the product or services of a	3851
public utility.	3852

(9) The purchase is for the services of individuals with	3853
disabilities to work in the authority's commissaries or	3854
cafeterias, and those individuals are supplied by a nonprofit	3855
corporation or association whose purpose is to assist individuals	3856
with disabilities, whether or not that corporation or association	3857
is funded entirely or in part by the federal government, or the	3858
purchase is for services provided by a nonprofit corporation or	3859
association whose purpose is to assist individuals with	3860
disabilities, whether or not that corporation or association is	3861
funded entirely or in part by the federal government. For purposes	3862
of division (H)(9) of this section, "disability" has the same	3863
meaning as in section 4112.01 of the Revised Code.	3864

(I) A regional transit authority may enter into blanket	3865
purchase agreements for purchases of maintenance, operating, or	3866
repair goods or services where the item cost does not exceed five	3867
hundred dollars and the annual expenditure does not exceed	3868
~~twenty-five~~one hundred thousand dollars.	3869

(J) Nothing contained in this section prohibits a regional	3870
transit authority from participating in intergovernmental	3871
cooperative purchasing arrangements.	3872

(K) Except as otherwise provided in this chapter, a regional	3873
transit authority shall make a sale or other disposition of	3874
property through full and open competition. Except as provided in	3875
division (L) of this section, all dispositions of personal	3876
property and all grants of real property for terms exceeding five	3877
years shall be made by public auction or competitive procedure.	3878

(L) The competitive procedures required by division (K) of	3879
this section are not required in any of the following	3880
circumstances:	3881

(1) The grant is a component of a joint development between	3882
public and private entities and is intended to enhance or benefit	3883
public transit.	3884

(2) The grant of a limited use or of a license affecting land	3885
is made to an owner of abutting real property.	3886

(3) The grant of a limited use is made to a public utility.

3887

(4) The grant or disposition is to a department of the	3888
federal or state government, to a political subdivision of the	3889
state, or to any other governmental entity.	3890

(5) Used equipment is traded on the purchase of equipment and	3891
the value of the used equipment is a price-related factor in the	3892
basis for award for the purchase.	3893

(6) The value of the personal property is such that	3894
competitive procedures are not appropriate and the property either	3895
is sold at its fair market value or is disposed of by gift to a	3896
nonprofit entity having the general welfare or education of the	3897
public as one of its principal objects.	3898

(M) The board of trustees of a regional transit authority,	3899
when making a contract funded exclusively by state or local moneys	3900
or any combination thereof, shall make a good faith effort to use	3901
disadvantaged business enterprise participation to the same extent	3902
required under Section 105(f) of the "Surface Transportation	3903
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and	3904
Section 106(c) of the "Surface Transportation and Uniform	3905
Relocation Assistance Act of 1987," Public Law No. 100-17, 101	3906
Stat. 145, and the rules adopted thereunder.	3907

(N) As used in this section:

3908

(1) "Goods" means all things, including specially	3909
manufactured goods, that are movable at the time of identification	3910
to the contract for sale other than the money in which the price	3911
is to be paid, investment securities, and things in action.	3912
"Goods" also includes other identified things attached to realty	3913
as described in section 1302.03 of the Revised Code.	3914

(2) "Services" means the furnishing of labor, time, or effort	3915
by a contractor, not involving the delivery of goods or reports	3916
other than goods or reports that are merely incidental to the	3917
required performance, including but not limited to insurance,	3918
bonding, or routine operation, routine repair, or routine	3919
maintenance of existing structures, buildings, real property, or	3920
equipment, but does not include employment agreements, collective	3921
bargaining agreements, or personal services.	3922

(3) "Construction" means the process of building, altering,	3923
repairing, improving, painting, decorating, or demolishing any	3924
structure or building, or other improvements of any kind to any	3925
real property owned or leased by a regional transit authority.	3926

(4) "Full and open competition" has the same meaning as in	3927
the "Office of Federal Procurement Policy Act," Public Law No.	3928
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.	3929

(5) A bidder is "responsive" if, applying the criteria of	3930
division (A) of section 9.312 of the Revised Code, the bidder is	3931
"responsive" as described in that section.	3932

(6) A bidder is "responsible" if, applying the criteria of	3933
division (A) of section 9.312 of the Revised Code and of the	3934
"Office of Federal Procurement Policy Act," Public Law No. 98-369,	3935
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is	3936
"responsible" as described in those sections.	3937

Sec. 307.697. (A) For the purpose of section 307.696 of the	3938
Revised Code and to pay any or all of the charge the board of	3939
elections makes against the county to hold the election on the	3940
question of levying the tax, or for those purposes and to provide	3941
revenues to the county for permanent improvements, the board of	3942
county commissioners of a county may levy a tax not to exceed	3943
three dollars on each gallon of spirituous liquor sold to or	3944
purchased by liquor permit holders for resale, and sold at retail	3945
by the division of liquor control, in the county. The tax shall be	3946
levied on the number of gallons so sold. The tax may be levied for	3947
any number of years not exceeding twenty.	3948

The tax shall be levied pursuant to a resolution of the board	3949
of county commissioners approved by a majority of the electors in	3950
the county voting on the question of levying the tax, which	3951
resolution shall specify the rate of the tax, the number of years	3952
the tax will be levied, and the purposes for which the tax is	3953
levied. The election may be held on the date of a general or	3954
special election held not sooner than seventy-five days after the	3955
date the board certifies its resolution to the board of elections.	3956
If approved by the electors, the tax takes effect on the first day	3957
of the month specified in the resolution but not sooner than the	3958
first day of the month that is at least sixty days after the	3959
certification of the election results by the board of elections. A	3960
copy of the resolution levying the tax shall be certified to the	3961
division of liquor control at least sixty days prior to the date	3962
on which the tax is to become effective.	3963

(B) A resolution under this section may be joined on the	3964
ballot as a single question with a resolution adopted under	3965
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	3966
the same purposes, and for the purpose of paying the expenses of	3967
administering that tax.	3968

(C) The form of the ballot in an election held pursuant to	3969
this section or section 4301.421 or 5743.024 of the Revised Code	3970
shall be as follows or in any other form acceptable to the	3971
secretary of state:	3972

"For the purpose of paying not more than one-half of the	3973
costs of providing a public sports facility together with related	3974
redevelopment and economic development projects, shall (an) excise	3975
tax(es) be levied by .......... county at the rate of ......	3976
(dollars on each gallon of spirituous liquor sold in the county by	3977
the Ohio division of liquor control, cents per gallon on the sale	3978
of beer at wholesale in the county, cents per gallon on the sale	3979
of wine and mixed beverages at wholesale in the county, cents per	3980
gallon on the sale of cider at wholesale in the county, or mills	3981
per cigarette on the sale of cigarettes at wholesale in the	3982
county), for ...... years?	3983

3984

		Yes			3985
		No	"		3986

3987

For an election in which questions under this section or	3988
section 4301.421 or 5743.024 of the Revised Code are joined as a	3989
single question, the form of the ballot shall be as above, except	3990
each of the proposed taxes shall be listed.	3991

(D) The board of county commissioners of a county in which a	3992
tax is imposed under this section on July 19, 1995, may levy a tax	3993
for the purpose of section 307.673 of the Revised Code regardless	3994
of whether or not the cooperative agreement authorized under that	3995
section has been entered into prior to the day the resolution	3996
adopted under division (D)(1) or (2) of this section is adopted,	3997
and for the purpose of reimbursing a county for costs incurred in	3998
the construction of a sports facility pursuant to an agreement	3999
entered into by the county under section 307.696 of the Revised	4000
Code. The tax shall be levied and approved in one of the manners	4001
prescribed by division (D)(1) or (2) of this section.	4002

(1) The tax may be levied pursuant to a resolution adopted by	4003
a majority of the members of the board of county commissioners not	4004
later than forty-five days after July 19, 1995. A board of county	4005
commissioners approving a tax under division (D)(1) of this	4006
section may approve a tax under division (B)(1) of section	4007
4301.421 or division (C)(1) of section 5743.024 of the Revised	4008
Code at the same time. Subject to the resolution being submitted	4009
to a referendum under sections 305.31 to 305.41 of the Revised	4010
Code, the resolution shall take effect immediately, but the tax	4011
levied pursuant to the resolution shall not be levied prior to the	4012
day following the last day the tax levied pursuant to divisions	4013
(A), (B), and (C) of this section may be levied.	4014

(2) The tax may be levied pursuant to a resolution adopted by	4015
a majority of the members of the board of county commissioners not	4016
later than forty-five days after July 19, 1995, and approved by a	4017
majority of the electors of the county voting on the question of	4018
levying the tax at the next succeeding general election following	4019
July 19, 1995. The board of county commissioners shall certify a	4020
copy of the resolution to the board of elections immediately upon	4021
adopting a resolution under division (D)(2) of this section, and	4022
the board of elections shall place the question of levying the tax	4023
on the ballot at that election. The form of the ballot shall be as	4024
prescribed by division (C) of this section, except that the phrase	4025
"paying not more than one-half of the costs of providing a sports	4026
facility together with related redevelopment and economic	4027
development projects" shall be replaced by the phrase "paying the	4028
costs of constructing or renovating a sports facility and	4029
reimbursing a county for costs incurred by the county in the	4030
construction of a sports facility," and the phrase ", beginning	4031
.......... (here insert the earliest date the tax would take	4032
effect)" shall be appended after "years." A board of county	4033
commissioners submitting the question of a tax under division	4034
(D)(2) of this section may submit the question of a tax under	4035
division (B)(2) of section 4301.421 or division (C)(2) of section	4036
5743.024 of the Revised Code as a single question, and the form of	4037
the ballot shall include each of the proposed taxes.	4038

If approved by a majority of electors voting on the question,	4039
the tax shall take effect on the day specified on the ballot,	4040
which shall not be earlier than the day following the last day the	4041
tax levied pursuant to divisions (A), (B), and (C) of this section	4042
may be levied.	4043

The rate of a tax levied pursuant to division (D)(1) or (2)	4044
of this section shall not exceed the rate specified in division	4045
(A) of this section. A tax levied pursuant to division (D)(1) or	4046
(2) of this section may be levied for any number of years not	4047
exceeding twenty.	4048

A board of county commissioners adopting a resolution under	4049
division (D)(1) or (2) of this section shall certify a copy of the	4050
resolution to the division of liquor control immediately upon	4051
adoption of the resolution.	4052

(E) No tax shall be levied under this section on or after the	4053
effective date of the amendment of this section by the capital	4054
appropriations act of the 127th general assembly. This division	4055
does not prevent the collection of any tax levied under this	4056
section before that date so long as that tax remains effective.	4057

Sec. 317.32. The county recorder shall charge and collect	4058
the following fees, to include base fees for the recorder's	4059
services and housing trust fund fees, collected pursuant to	4060
section 317.36 of the Revised Code:	4061

(A) For recording and indexing an instrument when the	4062
photocopy or any similar process is employed, a base fee of	4063
fourteen dollars for the first two pages and a housing trust fund	4064
fee of fourteen dollars, and a base fee of four dollars and a	4065
housing trust fund fee of four dollars for each subsequent page,	4066
size eight and one-half inches by fourteen inches, or fraction of	4067
a page, including the caption page, of such instrument;	4068

(B) For certifying a photocopy from the record previously	4069
recorded, a base fee of one dollar and a housing trust fund fee of	4070
one dollar per page, size eight and one-half inches by fourteen	4071
inches, or fraction of a page; for each certification where the	4072
recorder's seal is required, except as to instruments issued by	4073
the armed forces of the United States, a base fee of fifty cents	4074
and a housing trust fund fee of fifty cents;	4075

(C) For manual or typewritten recording of assignment or	4076
satisfaction of mortgage or lease or any other marginal entry, a	4077
base fee of four dollars and a housing trust fund fee of four	4078
dollars;	4079

(D) For entering any marginal reference by separate recorded	4080
instrument, a base fee of two dollars and a housing trust fund fee	4081
of two dollars for each marginal reference set out in that	4082
instrument, in addition to the fees set forth in division (A) of	4083
this section;	4084

(E) For indexing in the real estate mortgage records,	4085
pursuant to section 1309.519 of the Revised Code, financing	4086
statements covering crops growing or to be grown, timber to be	4087
cut, minerals or the like, including oil and gas, accounts subject	4088
to section 1309.301 of the Revised Code, or fixture filings made	4089
pursuant to section 1309.334 of the Revised Code, a base fee of	4090
two dollars and a housing trust fund fee of two dollars for each	4091
name indexed;	4092

(F) For recording manually any plat not exceeding six lines,	4093
a base fee of two dollars and a housing trust fund fee of two	4094
dollars, and for each additional line, a base fee of ten cents and	4095
a housing trust fund fee of ten cents;	4096

(G) For filing zoning resolutions, including text and maps,	4097
in the office of the recorder as required under sections 303.11	4098
and 519.11 of the Revised Code, a base fee of ~~fifty~~twenty-five	4099
dollars and a housing trust fund fee of ~~fifty~~twenty-five dollars,	4100
regardless of the size or length of the resolutions;	4101

(H) For filing zoning amendments, including text and maps, in	4102
the office of the recorder as required under sections 303.12 and	4103
519.12 of the Revised Code, a base fee of ten dollars and a	4104
housing trust fund fee of ten dollars ~~for the first page and a~~	4105
~~base fee of four dollars and a housing trust fund fee of four~~	4106
~~dollars for each additional page~~regardless of the size or length	4107
of the amendments;	4108

(I) For photocopying a document, other than at the time of	4109
recording and indexing as provided for in division (A) of this	4110
section, a base fee of one dollar and a housing trust fund fee of	4111
one dollar per page, size eight and one-half inches by fourteen	4112
inches, or fraction thereof;	4113

(J) For local facsimile transmission of a document, a base	4114
fee of one dollar and a housing trust fund fee of one dollar per	4115
page, size eight and one-half inches by fourteen inches, or	4116
fraction thereof; for long distance facsimile transmission of a	4117
document, a base fee of two dollars and a housing trust fund fee	4118
of two dollars per page, size eight and one-half inches by	4119
fourteen inches, or fraction thereof;	4120

(K) For recording a declaration executed pursuant to section	4121
2133.02 of the Revised Code or a durable power of attorney for	4122
health care executed pursuant to section 1337.12 of the Revised	4123
Code, or both a declaration and a durable power of attorney for	4124
health care, a base fee of at least fourteen dollars but not more	4125
than twenty dollars and a housing trust fund fee of at least	4126
fourteen dollars but not more than twenty dollars.	4127

In any county in which the recorder employs the photostatic	4128
or any similar process for recording maps, plats, or prints the	4129
recorder shall determine, charge, and collect for the recording or	4130
rerecording of any map, plat, or print, a base fee of five cents	4131
and a housing trust fund fee of five cents per square inch, for	4132
each square inch of the map, plat, or print filed for that	4133
recording or rerecording, with a minimum base fee of twenty	4134
dollars and a minimum housing trust fund fee of twenty dollars;	4135
for certifying a copy from the record, a base fee of two cents and	4136
a housing trust fund fee of two cents per square inch of the	4137
record, with a minimum base fee of two dollars and a minimum	4138
housing trust fund fee of two dollars.	4139

The fees provided in this section shall be paid upon the	4140
presentation of the instruments for record or upon the application	4141
for any certified copy of the record, except that the payment of	4142
fees associated with the filing and recording of, or the copying	4143
of, notices of internal revenue tax liens and notices of other	4144
liens in favor of the United States as described in division (A)	4145
of section 317.09 of the Revised Code and certificates of	4146
discharge or release of those liens, shall be governed by section	4147
317.09 of the Revised Code, and the payment of fees for providing	4148
copies of instruments conveying or extinguishing agricultural	4149
easements to the office of farmland preservation in the department	4150
of agriculture under division (H) of section 5301.691 of the	4151
Revised Code shall be governed by that division.	4152

Sec. 319.301. (A) This section does not apply to any of the	4153
following:	4154

(1) Taxes levied at whatever rate is required to produce a	4155
specified amount of tax money, including a tax levied under	4156
section 5705.199 or 5705.211 of the Revised Code, or an amount to	4157
pay debt charges;	4158

(2) Taxes levied within the one per cent limitation imposed	4159
by Section 2 of Article XII, Ohio Constitution;	4160

(3) Taxes provided for by the charter of a municipal	4161
corporation.	4162

(B) As used in this section:

4163

(1) "Real property" includes real property owned by a	4164
railroad.	4165

(2) "Carryover property" means all real property on the	4166
current year's tax list except:	4167

(a) Land and improvements that were not taxed by the district	4168
in both the preceding year and the current year;	4169

(b) Land and improvements that were not in the same class in	4170
both the preceding year and the current year.	4171

(3) "Effective tax rate" means with respect to each class of	4172
property:	4173

(a) The sum of the total taxes that would have been charged	4174
and payable for current expenses against real property in that	4175
class if each of the district's taxes were reduced for the current	4176
year under division (D)(1) of this section without regard to the	4177
application of division (E)(3) of this section divided by	4178

(b) The taxable value of all real property in that class.

4179

(4) "Taxes charged and payable" means the taxes charged and	4180
payable prior to any reduction required by section 319.302 of the	4181
Revised Code.	4182

(C) The tax commissioner shall make the determinations	4183
required by this section each year, without regard to whether a	4184
taxing district has territory in a county to which section 5715.24	4185
of the Revised Code applies for that year. Separate determinations	4186
shall be made for each of the two classes established pursuant to	4187
section 5713.041 of the Revised Code.	4188

(D) With respect to each tax authorized to be levied by each	4189
taxing district, the tax commissioner, annually, shall do both of	4190
the following:	4191

(1) Determine by what percentage, if any, the sums levied by	4192
such tax against the carryover property in each class would have	4193
to be reduced for the tax to levy the same number of dollars	4194
against such property in that class in the current year as were	4195
charged against such property by such tax in the preceding year	4196
subsequent to the reduction made under this section but before the	4197
reduction made under section 319.302 of the Revised Code. In the	4198
case of a tax levied for the first time that is not a renewal of	4199
an existing tax, the commissioner shall determine by what	4200
percentage the sums that would otherwise be levied by such tax	4201
against carryover property in each class would have to be reduced	4202
to equal the amount that would have been levied if the full rate	4203
thereof had been imposed against the total taxable value of such	4204
property in the preceding tax year. A tax or portion of a tax that	4205
is designated a replacement levy under section 5705.192 of the	4206
Revised Code is not a renewal of an existing tax for purposes of	4207
this division.	4208

(2) Certify each percentage determined in division (D)(1) of	4209
this section, as adjusted under division (E) of this section, and	4210
the class of property to which that percentage applies to the	4211
auditor of each county in which the district has territory. The	4212
auditor, after complying with section 319.30 of the Revised Code,	4213
shall reduce the sum to be levied by such tax against each parcel	4214
of real property in the district by the percentage so certified	4215
for its class. Certification shall be made by the first day of	4216
September except in the case of a tax levied for the first time,	4217
in which case certification shall be made within fifteen days of	4218
the date the county auditor submits the information necessary to	4219
make the required determination.	4220

(E)(1) As used in division (E)(2) of this section, "pre-1982	4221
joint vocational taxes" means, with respect to a class of	4222
property, the difference between the following amounts:	4223

(a) The taxes charged and payable in tax year 1981 against	4224
the property in that class for the current expenses of the joint	4225
vocational school district of which the school district is a part	4226
after making all reductions under this section;	4227

(b) The following percentage of the taxable value of all real	4228
property in that class:	4229

(i) In 1987, five one-hundredths of one per cent;

4230

(ii) In 1988, one-tenth of one per cent;

4231

(iii) In 1989, fifteen one-hundredths of one per cent;

4232

(iv) In 1990 and each subsequent year, two-tenths of one per	4233
cent.	4234

If the amount in division (E)(1)(b) of this section exceeds	4235
the amount in division (E)(1)(a) of this section, the pre-1982	4236
joint vocational taxes shall be zero.	4237

As used in divisions (E)(2) and (3) of this section, "taxes	4238
charged and payable" has the same meaning as in division (B)(4) of	4239
this section and excludes any tax charged and payable in 1985 or	4240
thereafter under sections 5705.194 to 5705.197 or section 5705.199	4241
or 5705.213 of the Revised Code.	4242

(2) If in the case of a school district other than a joint	4243
vocational or cooperative education school district any percentage	4244
required to be used in division (D)(2) of this section for either	4245
class of property could cause the total taxes charged and payable	4246
for current expenses to be less than two per cent of the taxable	4247
value of all real property in that class that is subject to	4248
taxation by the district, the commissioner shall determine what	4249
percentages would cause the district's total taxes charged and	4250
payable for current expenses against that class, after all	4251
reductions that would otherwise be made under this section, to	4252
equal, when combined with the pre-1982 joint vocational taxes	4253
against that class, the lesser of the following:	4254

(a) The sum of the rates at which those taxes are authorized	4255
to be levied;	4256

(b) Two per cent of the taxable value of the property in that	4257
class. The auditor shall use such percentages in making the	4258
reduction required by this section for that class.	4259

(3)(a) If in the case of a joint vocational school district	4260
any percentage required to be used in division (D)(2) of this	4261
section for either class of property could cause the total taxes	4262
charged and payable for current expenses for that class to be less	4263
than the designated amount, the commissioner shall determine what	4264
percentages would cause the district's total taxes charged and	4265
payable for current expenses for that class, after all reductions	4266
that would otherwise be made under this section, to equal the	4267
designated amount. The auditor shall use such percentages in	4268
making the reductions required by this section for that class.	4269

(b) As used in division (E)(3)(a) of this section, the	4270
designated amount shall equal the taxable value of all real	4271
property in the class that is subject to taxation by the district	4272
times the lesser of the following:	4273

(i) Two-tenths of one per cent;

4274

(ii) The district's effective rate plus the following	4275
percentage for the year indicated:	4276

	WHEN COMPUTING THE				4277
	TAXES CHARGED FOR		ADD THE FOLLOWING PERCENTAGE:		4278

1987	0.025%	4279
1988	0.05%	4280
1989	0.075%	4281
1990	0.1%	4282
1991	0.125%	4283
1992	0.15%	4284
1993	0.175%	4285
1994 and thereafter	0.2%	4286

(F) No reduction shall be made under this section in the rate	4287
at which any tax is levied.	4288

(G) The commissioner may order a county auditor to furnish	4289
any information the commissioner needs to make the determinations	4290
required under division (D) or (E) of this section, and the	4291
auditor shall supply the information in the form and by the date	4292
specified in the order. If the auditor fails to comply with an	4293
order issued under this division, except for good cause as	4294
determined by the commissioner, the commissioner shall withhold	4295
from such county or taxing district therein fifty per cent of	4296
state revenues to local governments pursuant to section 5747.50 of	4297
the Revised Code or shall direct the department of education to	4298
withhold therefrom fifty per cent of state revenues to school	4299
districts pursuant to Chapter 3317. of the Revised Code. The	4300
commissioner shall withhold the distribution of such revenues	4301
until the county auditor has complied with this division, and the	4302
department shall withhold the distribution of such revenues until	4303
the commissioner has notified the department that the county	4304
auditor has complied with this division.	4305

(H) If the commissioner is unable to certify a tax reduction	4306
factor for either class of property in a taxing district located	4307
in more than one county by the last day of November because	4308
information required under division (G) of this section is	4309
unavailable, the commissioner may compute and certify an estimated	4310
tax reduction factor for that district for that class. The	4311
estimated factor shall be based upon an estimate of the	4312
unavailable information. Upon receipt of the actual information	4313
for a taxing district that received an estimated tax reduction	4314
factor, the commissioner shall compute the actual tax reduction	4315
factor and use that factor to compute the taxes that should have	4316
been charged and payable against each parcel of property for the	4317
year for which the estimated reduction factor was used. The amount	4318
by which the estimated factor resulted in an overpayment or	4319
underpayment in taxes on any parcel shall be added to or	4320
subtracted from the amount due on that parcel in the ensuing tax	4321
year.	4322

A percentage or a tax reduction factor determined or computed	4323
by the commissioner under this section shall be used solely for	4324
the purpose of reducing the sums to be levied by the tax to which	4325
it applies for the year for which it was determined or computed.	4326
It shall not be used in making any tax computations for any	4327
ensuing tax year.	4328

(I) In making the determinations under division (D)(1) of	4329
this section, the tax commissioner shall take account of changes	4330
in the taxable value of carryover property resulting from	4331
complaints filed under section 5715.19 of the Revised Code for	4332
determinations made for the tax year in which such changes are	4333
reported to the commissioner. Such changes shall be reported to	4334
the commissioner on the first abstract of real property filed with	4335
the commissioner under section 5715.23 of the Revised Code	4336
following the date on which the complaint is finally determined by	4337
the board of revision or by a court or other authority with	4338
jurisdiction on appeal. The tax commissioner shall account for	4339
such changes in making the determinations only for the tax year in	4340
which the change in valuation is reported. Such a valuation change	4341
shall not be used to recompute the percentages determined under	4342
division (D)(1) of this section for any prior tax year.	4343

Sec. 321.262. Notwithstanding section 321.261 of the Revised	4344
Code, in a county having a population of more than four hundred	4345
thousand according to the department of development's 2006 census	4346
estimate, if the county treasurer or prosecuting attorney	4347
determines that the amount appropriated to the office from the	4348
county's delinquent tax and assessment collection fund exceeds	4349
the amount required to be used as prescribed by that section, the	4350
county treasurer or prosecuting attorney may expend the excess to	4351
provide financial assistance in the form of loans to borrowers	4352
in default on their home mortgages, including for the payment of	4353
late fees, to clear arrearage balances, and to augment moneys	4354
used in the county's foreclosure prevention program, provided	4355
that the combined amount so expended each year in the county shall	4356
not exceed three million dollars.	4357

Sec. 340.02. As used in this section, "mental health	4358
professional" means a person who is qualified to work with	4359
mentally ill persons, pursuant to standards established by the	4360
director of mental health under section 5119.611 of the Revised	4361
Code.	4362

For each alcohol, drug addiction, and mental health service	4363
district, there shall be appointed a board of alcohol, drug	4364
addiction, and mental health services of eighteen members. ~~Members~~	4365
~~shall be residents of the district and~~Nine members shall be	4366
interested in mental health programs and facilities orand nine	4367
other members shall be interested in alcohol or drug addiction	4368
programs. All members shall be residents of the service district.	4369
The membership shall, as nearly as possible, reflect the	4370
composition of the population of the service district as to race	4371
and sex.	4372

The director of mental health shall appoint four members of	4373
the board, the director of alcohol and drug addiction services	4374
shall appoint four members, and the board of county commissioners	4375
shall appoint ten members. In a joint-county district, the county	4376
commissioners of each participating county shall appoint members	4377
in as nearly as possible the same proportion as that county's	4378
population bears to the total population of the district, except	4379
that at least one member shall be appointed from each	4380
participating county.	4381

The director of mental health shall ensure that at least one	4382
member of the board is a psychiatrist and one member of the board	4383
is a mental health professional. If the appointment of a	4384
psychiatrist is not possible, as determined under rules adopted by	4385
the director, a licensed physician may be appointed in place of	4386
the psychiatrist. If the appointment of a licensed physician is	4387
not possible, the director of mental health may waive the	4388
requirement that the psychiatrist or licensed physician be a	4389
resident of the service district and appoint a psychiatrist or	4390
licensed physician from a contiguous county. ~~The membership of the~~	4391
~~board shall, as nearly as possible, reflect the composition of the~~	4392
~~population of the service district as to race and sex.~~ The	4393
director of mental health shall ensure that at least one member of	4394
the board is a person who has received or is receiving mental	4395
health services paid for by public funds and at least one member	4396
is a parent or other relative of such a person.	4397

The director of alcohol and drug addiction services shall	4398
ensure that at least one member of the board is a professional in	4399
the field of alcohol or drug addiction services and one member of	4400
the board is an advocate for persons receiving treatment for	4401
alcohol or drug addiction. Of the members appointed by the	4402
director of alcohol and drug addiction services, at least one	4403
shall be a person who has received or is receiving services for	4404
alcohol or drug addiction, and at least one shall be a parent or	4405
other relative of such a person.	4406

No member or employee of a board of alcohol, drug addiction,	4407
and mental health services shall serve as a member of the board of	4408
any agency with which the board of alcohol, drug addiction, and	4409
mental health services has entered into a contract for the	4410
provision of services or facilities. No member of a board of	4411
alcohol, drug addiction, and mental health services shall be an	4412
employee of any agency with which the board has entered into a	4413
contract for the provision of services or facilities. No person	4414
shall be an employee of a board and such an agency unless the	4415
board and agency both agree in writing.	4416

No person shall serve as a member of the board of alcohol,	4417
drug addiction, and mental health services whose spouse, child,	4418
parent, brother, sister, grandchild, stepparent, stepchild,	4419
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4420
daughter-in-law, brother-in-law, or sister-in-law serves as a	4421
member of the board of any agency with which the board of alcohol,	4422
drug addiction, and mental health services has entered into a	4423
contract for the provision of services or facilities. No person	4424
shall serve as a member or employee of the board whose spouse,	4425
child, parent, brother, sister, stepparent, stepchild,	4426
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4427
daughter-in-law, brother-in-law, or sister-in-law serves as a	4428
county commissioner of a county or counties in the alcohol, drug	4429
addiction, and mental health service district.	4430

Each year each board member shall attend at least one	4431
inservice training session provided or approved by the department	4432
of mental health or the department of alcohol and drug addiction	4433
services. Such training sessions shall not be considered to be	4434
regularly scheduled meetings of the board.	4435

Each member shall be appointed for a term of four years,	4436
commencing the first day of July, except that one-third of initial	4437
appointments to a newly established board, and to the extent	4438
possible to expanded boards, shall be for terms of two years,	4439
one-third of initial appointments shall be for terms of three	4440
years, and one-third of initial appointments shall be for terms of	4441
four years. No member shall serve more than two consecutive	4442
four-year terms. A member may serve for three consecutive terms	4443
only if one of the terms is for less than two years. A member who	4444
has served two consecutive four-year terms or three consecutive	4445
terms totaling less than ten years is eligible for reappointment	4446
one year following the end of the second or third term,	4447
respectively.	4448

When a vacancy occurs, appointment for the expired or	4449
unexpired term shall be made in the same manner as an original	4450
appointment. The appointing authority shall be notified by	4451
certified mail of any vacancy and shall fill the vacancy within	4452
sixty days following that notice.	4453

Any member of the board may be removed from office by the	4454
appointing authority for neglect of duty, misconduct, or	4455
malfeasance in office, and shall be removed by the appointing	4456
authority if the member's spouse, child, parent, brother, sister,	4457
stepparent, stepchild, stepbrother, stepsister, father-in-law,	4458
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or	4459
sister-in-law serves as a county commissioner of a county or	4460
counties in the service district or serves as a member or employee	4461
of the board of an agency with which the board of alcohol, drug	4462
addiction, and mental health services has entered a contract for	4463
the provision of services or facilities. The member shall be	4464
informed in writing of the charges and afforded an opportunity for	4465
a hearing. Upon the absence of a member within one year from	4466
either four board meetings or from two board meetings without	4467
prior notice, the board shall notify the appointing authority,	4468
which may vacate the appointment and appoint another person to	4469
complete the member's term.	4470

Members of the board shall serve without compensation, but	4471
shall be reimbursed for actual and necessary expenses incurred in	4472
the performance of their official duties, as defined by rules of	4473
the departments of mental health and alcohol and drug addiction	4474
services.	4475

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	4476
health service district comprised of a county with a population of	4477
two hundred fifty thousand or more on October 10, 1989, the board	4478
of county commissioners shall, within thirty days of October 10,	4479
1989, establish an alcohol and drug addiction services board as	4480
the entity responsible for providing alcohol and drug addiction	4481
services in the county, unless, prior to that date, the board	4482
adopts a resolution providing that the entity responsible for	4483
providing the services is a board of alcohol, drug addiction, and	4484
mental health services. If the board of county commissioners	4485
establishes an alcohol and drug addiction services board, the	4486
community mental health board established under former section	4487
340.02 of the Revised Code shall serve as the entity responsible	4488
for providing mental health services in the county. A community	4489
mental health board has all the powers, duties, and obligations of	4490
a board of alcohol, drug addiction, and mental health services	4491
with regard to mental health services. An alcohol and drug	4492
addiction services board has all the powers, duties, and	4493
obligations of a board of alcohol, drug addiction, and mental	4494
health services with regard to alcohol and drug addiction	4495
services. Any provision of the Revised Code that refers to a board	4496
of alcohol, drug addiction, and mental health services with regard	4497
to mental health services also refers to a community mental health	4498
board and any provision that refers to a board of alcohol, drug	4499
addiction, and mental health services with regard to alcohol and	4500
drug addiction services also refers to an alcohol and drug	4501
addiction services board.	4502

An alcohol and drug addiction services board shall consist of	4503
eighteen members, six of whom shall be appointed by the director	4504
of alcohol and drug addiction services and twelve of whom shall be	4505
appointed by the board of county commissioners. Of the members	4506
appointed by the director, one shall be a person who has received	4507
or is receiving services for alcohol or drug addiction, one shall	4508
be a parent or relative of such a person, one shall be a	4509
professional in the field of alcohol or drug addiction services,	4510
and one shall be an advocate for persons receiving treatment for	4511
alcohol or drug addiction. The membership of the board shall, as	4512
nearly as possible, reflect the composition of the population of	4513
the service district as to race and sex. Members shall be	4514
residents of the service district and shall be interested in	4515
alcohol and drug addiction services. Requirements for membership,	4516
including prohibitions against certain family and business	4517
relationships, and terms of office shall be the same as those for	4518
members of boards of alcohol, drug addiction, and mental health	4519
services.	4520

A community mental health board shall consist of eighteen	4521
members, six of whom shall be appointed by the director of mental	4522
health and twelve of whom shall be appointed by the board of	4523
county commissioners. Of the members appointed by the director,	4524
one shall be a person who has received or is receiving mental	4525
health services, one shall be a parent or relative of such a	4526
person, one shall be a psychiatrist or a physician, and one shall	4527
be a mental health professional. The membership of the board as	4528
nearly as possible shall reflect the composition of the population	4529
of the service district as to race and sex. Members shall be	4530
residents of the service district and shall be interested in	4531
mental health services. Requirements for membership, including	4532
prohibitions against certain family and business relationships,	4533
and terms of office shall be the same as those for members of	4534
boards of alcohol, drug addiction, and mental health services.	4535

(B) If a board of county commissioners subject to division	4536
(A) of this section did not adopt a resolution providing for a	4537
board of alcohol, drug addiction, and mental health services, the	4538
board of county commissioners may establish such a board in	4539
accordance with the following procedures:	4540

(1) Not later than January 1, 2007, the board of county	4541
commissioners shall adopt a resolution expressing its intent to	4542
establish a board of alcohol, drug addiction, and mental health	4543
services.	4544

(2) After adopting a resolution under division (B)(1) of this	4545
section, the board of county commissioners shall instruct the	4546
county's community mental health board and alcohol and drug	4547
addiction services board to prepare a report on the feasibility,	4548
process, and proposed plan to establish a board of alcohol, drug	4549
addiction, and mental health services. The board of county	4550
commissioners shall specify the date by which the report must be	4551
submitted to the board for its review.	4552

(3) After reviewing the report prepared under division (B)(2)	4553
of this section, the board may adopt a final resolution	4554
establishing a board of alcohol, drug addiction, and mental health	4555
services. A final resolution establishing such a board shall be	4556
adopted not later than July 1, 2007.	4557

(C)(1) If a board of county commissioners subject to division	4558
(A) of this section did not adopt a resolution providing for a	4559
board of alcohol, drug addiction, and mental health services and	4560
did not establish such a board under division (B) of this section,	4561
the board of county commissioners may establish a board of	4562
alcohol, drug addiction, and mental health services on or after	4563
the effective date of this amendment. To establish the board, the	4564
board of county commissioners shall adopt a resolution providing	4565
for the board's establishment. The composition of the board, the	4566
procedures for appointing members, and all other matters related	4567
to the board and its members are subject to section 340.02 of	4568
the Revised Code, with the following exceptions:	4569

(a) For initial appointments to the board, the county's	4570
community mental health board and alcohol and drug addiction	4571
services board shall jointly recommend members of those boards for	4572
reappointment and shall submit the recommendations to the board of	4573
county commissioners, director of mental health, and director of	4574
alcohol and drug addiction services.	4575

(b) To the greatest extent possible, the appointing	4576
authorities shall appoint the initial members from among the	4577
members jointly recommended under division (C)(1)(a) of this	4578
section.	4579

(2) If a board of alcohol, drug addiction, and mental health	4580
services is established pursuant to division (C)(1) of this	4581
section, the board has the same rights, privileges, immunities,	4582
powers, and duties that were possessed by the county's community	4583
mental health board and alcohol and drug addiction services	4584
board. When the board is established, all property and	4585
obligations of the community mental health board and alcohol and	4586
drug addiction services board shall be transferred to the board	4587
of alcohol, drug addiction, and mental health services.	4588

Sec. 351.26. (A) The board of directors of a convention	4589
facilities authority may adopt a resolution requesting the board	4590
of county commissioners of the county in which the convention	4591
facilities authority has its territory to propose the question of	4592
a tax to be levied pursuant to this section and section 4301.424	4593
or sections 5743.026 and 5743.324 of the Revised Code for the	4594
purpose of construction or renovation of a sports facility. The	4595
board of directors shall certify a copy of the resolution to the	4596
board of county commissioners not later than ninety days prior to	4597
the day of the election at which the board of directors requests	4598
the board of county commissioners to submit the question of the	4599
tax. The resolution shall state the rate at which the tax would be	4600
levied, the purpose for which the tax would be levied, the number	4601
of years the tax would be levied, the section of the Revised Code	4602
under which the tax would be levied, and the date of the election	4603
at which the board of directors requests the board of county	4604
commissioners to submit the question of the tax, all of which are	4605
subject to the limitations of this section and section 4301.424 or	4606
sections 5743.026 and 5743.324 of the Revised Code.	4607

Upon receiving a copy of such a resolution from the board of	4608
directors, the board of county commissioners shall adopt a	4609
resolution either approving or rejecting the proposal, and certify	4610
a copy of its resolution to the board of directors. If the board	4611
of county commissioners approves the proposal, the board of county	4612
commissioners shall propose the question of levying a tax pursuant	4613
to section 4301.424 of the Revised Code or pursuant to sections	4614
5743.026 and 5743.324 of the Revised Code, as specified in the	4615
board of directors' resolution, for the purpose of construction or	4616
renovation of a sports facility.	4617

(B) The form of the ballot in an election held on the	4618
question of levying a tax proposed pursuant to section 4301.424 or	4619
5743.026 of the Revised Code shall be as follows or in any other	4620
form acceptable to the secretary of state:	4621

"For the purpose of paying the costs of ..........	4622
(constructing or renovating) a sports facility, shall (an) excise	4623
tax(es) be levied by the .......... county for the convention	4624
facilities authority of .......... county at the rate of ......	4625
(dollars on each gallon of spirituous liquor sold in the county by	4626
the Ohio division of liquor control, cents per gallon on the sale	4627
of beer at wholesale in the county, cents per gallon on the sale	4628
of wine and mixed beverages at wholesale in the county, or mills	4629
per cigarette on the sale of cigarettes at wholesale in the	4630
county), for ...... years?	4631

4632

		Yes			4633
		No	"		4634

4635

For an election in which questions under section 4301.424 or	4636
5743.026 of the Revised Code are joined as a single question, the	4637
form of the ballot shall be as above, except each of the proposed	4638
taxes shall be listed.	4639

(C) No tax shall be levied under this section on or after the	4640
effective date of the amendment of this section by the capital	4641
appropriations act of the 127th general assembly. This division	4642
does not prevent the collection of any tax levied under this	4643
section before that date so long as that tax remains effective.	4644

Sec. 519.12. (A)(1) Amendments to the zoning resolution may	4645
be initiated by motion of the township zoning commission, by the	4646
passage of a resolution by the board of township trustees, or by	4647
the filing of an application by one or more of the owners or	4648
lessees of property within the area proposed to be changed or	4649
affected by the proposed amendment with the township zoning	4650
commission. The board of township trustees may require that the	4651
owner or lessee of property filing an application to amend the	4652
zoning resolution pay a fee to defray the cost of advertising,	4653
mailing, filing with the county recorder, and other expenses. If	4654
the board of township trustees requires such a fee, it shall be	4655
required generally, for each application. The board of township	4656
trustees, upon the passage of such a resolution, shall certify it	4657
to the township zoning commission.	4658

(2) Upon the adoption of a motion by the township zoning	4659
commission, the certification of a resolution by the board of	4660
township trustees to the commission, or the filing of an	4661
application by property owners or lessees as described in division	4662
(A)(1) of this section with the commission, the commission shall	4663
set a date for a public hearing, which date shall not be less than	4664
twenty nor more than forty days from the date of the certification	4665
of such a resolution, the date of adoption of such a motion, or	4666
the date of the filing of such an application. Notice of the	4667
hearing shall be given by the commission by one publication in one	4668
or more newspapers of general circulation in the township at least	4669
ten days before the date of the hearing.	4670

(B) If the proposed amendment intends to rezone or redistrict	4671
ten or fewer parcels of land, as listed on the county auditor's	4672
current tax list, written notice of the hearing shall be mailed by	4673
the township zoning commission, by first class mail, at least ten	4674
days before the date of the public hearing to all owners of	4675
property within and contiguous to and directly across the street	4676
from the area proposed to be rezoned or redistricted to the	4677
addresses of those owners appearing on the county auditor's	4678
current tax list. The failure of delivery of that notice shall not	4679
invalidate any such amendment.	4680

(C) If the proposed amendment intends to rezone or redistrict	4681
ten or fewer parcels of land as listed on the county auditor's	4682
current tax list, the published and mailed notices shall set forth	4683
the time, date, and place of the public hearing and include all of	4684
the following:	4685

(1) The name of the township zoning commission that will be	4686
conducting the hearing;	4687

(2) A statement indicating that the motion, resolution, or	4688
application is an amendment to the zoning resolution;	4689

(3) A list of the addresses of all properties to be rezoned	4690
or redistricted by the proposed amendment and of the names of	4691
owners of those properties, as they appear on the county auditor's	4692
current tax list;	4693

(4) The present zoning classification of property named in	4694
the proposed amendment and the proposed zoning classification of	4695
that property;	4696

(5) The time and place where the motion, resolution, or	4697
application proposing to amend the zoning resolution will be	4698
available for examination for a period of at least ten days prior	4699
to the hearing;	4700

(6) The name of the person responsible for giving notice of	4701
the hearing by publication, by mail, or by both publication and	4702
mail;	4703

(7) A statement that, after the conclusion of the hearing,	4704
the matter will be submitted to the board of township trustees for	4705
its action;	4706

(8) Any other information requested by the commission.

4707

(D) If the proposed amendment alters the text of the zoning	4708
resolution, or rezones or redistricts more than ten parcels of	4709
land as listed on the county auditor's current tax list, the	4710
published notice shall set forth the time, date, and place of the	4711
public hearing and include all of the following:	4712

(1) The name of the township zoning commission that will be	4713
conducting the hearing on the proposed amendment;	4714

(2) A statement indicating that the motion, application, or	4715
resolution is an amendment to the zoning resolution;	4716

(3) The time and place where the text and maps of the	4717
proposed amendment will be available for examination for a period	4718
of at least ten days prior to the hearing;	4719

(4) The name of the person responsible for giving notice of	4720
the hearing by publication;	4721

(5) A statement that, after the conclusion of the hearing,	4722
the matter will be submitted to the board of township trustees for	4723
its action;	4724

(6) Any other information requested by the commission.

4725

(E) Within five days after the adoption of the motion	4726
described in division (A) of this section, the certification of	4727
the resolution described in division (A) of this section, or the	4728
filing of the application described in division (A) of this	4729
section, the township zoning commission shall transmit a copy of	4730
it together with text and map pertaining to it to the county or	4731
regional planning commission, if there is such a commission.	4732

The county or regional planning commission shall recommend	4733
the approval or denial of the proposed amendment or the approval	4734
of some modification of it and shall submit its recommendation to	4735
the township zoning commission. The recommendation shall be	4736
considered at the public hearing held by the township zoning	4737
commission on the proposed amendment.	4738

The township zoning commission, within thirty days after the	4739
hearing, shall recommend the approval or denial of the proposed	4740
amendment, or the approval of some modification of it, and submit	4741
that recommendation together with the motion, application, or	4742
resolution involved, the text and map pertaining to the proposed	4743
amendment, and the recommendation of the county or regional	4744
planning commission on it to the board of township trustees.	4745

The board of township trustees, upon receipt of that	4746
recommendation, shall set a time for a public hearing on the	4747
proposed amendment, which date shall not be more than thirty days	4748
from the date of the receipt of that recommendation. Notice of the	4749
hearing shall be given by the board by one publication in one or	4750
more newspapers of general circulation in the township, at least	4751
ten days before the date of the hearing.	4752

(F) If the proposed amendment intends to rezone or redistrict	4753
ten or fewer parcels of land as listed on the county auditor's	4754
current tax list, the published notice shall set forth the time,	4755
date, and place of the public hearing and include all of the	4756
following:	4757

(1) The name of the board of township trustees that will be	4758
conducting the hearing;	4759

(2) A statement indicating that the motion, application, or	4760
resolution is an amendment to the zoning resolution;	4761

(3) A list of the addresses of all properties to be rezoned	4762
or redistricted by the proposed amendment and of the names of	4763
owners of those properties, as they appear on the county auditor's	4764
current tax list;	4765

(4) The present zoning classification of property named in	4766
the proposed amendment and the proposed zoning classification of	4767
that property;	4768

(5) The time and place where the motion, application, or	4769
resolution proposing to amend the zoning resolution will be	4770
available for examination for a period of at least ten days prior	4771
to the hearing;	4772

(6) The name of the person responsible for giving notice of	4773
the hearing by publication, by mail, or by both publication and	4774
mail;	4775

(7) Any other information requested by the board.

4776

(G) If the proposed amendment alters the text of the zoning	4777
resolution, or rezones or redistricts more than ten parcels of	4778
land as listed on the county auditor's current tax list, the	4779
published notice shall set forth the time, date, and place of the	4780
public hearing and include all of the following:	4781

(1) The name of the board of township trustees that will be	4782
conducting the hearing on the proposed amendment;	4783

(2) A statement indicating that the motion, application, or	4784
resolution is an amendment to the zoning resolution;	4785

(3) The time and place where the text and maps of the	4786
proposed amendment will be available for examination for a period	4787
of at least ten days prior to the hearing;	4788

(4) The name of the person responsible for giving notice of	4789
the hearing by publication;	4790

(5) Any other information requested by the board.

4791

(H) Within twenty days after its public hearing, the board of	4792
township trustees shall either adopt or deny the recommendations	4793
of the township zoning commission or adopt some modification of	4794
them. If the board denies or modifies the commission's	4795
recommendations, ~~the unanimous~~a majority vote of the board shall	4796
be required.	4797

The proposed amendment, if adopted by the board, shall become	4798
effective in thirty days after the date of its adoption, unless,	4799
within thirty days after the adoption, there is presented to the	4800
board of township trustees a petition, signed by a number of	4801
registered electors residing in the unincorporated area of the	4802
township or part of that unincorporated area included in the	4803
zoning plan equal to not less than eight per cent of the total	4804
vote cast for all candidates for governor in that area at the most	4805
recent general election at which a governor was elected,	4806
requesting the board of township trustees to submit the amendment	4807
to the electors of that area for approval or rejection at a	4808
special election to be held on the day of the next primary or	4809
general election that occurs at least seventy-five days after the	4810
petition is filed. Each part of this petition shall contain the	4811
number and the full and correct title, if any, of the zoning	4812
amendment resolution, motion, or application, furnishing the name	4813
by which the amendment is known and a brief summary of its	4814
contents. In addition to meeting the requirements of this section,	4815
each petition shall be governed by the rules specified in section	4816
3501.38 of the Revised Code.	4817

The form of a petition calling for a zoning referendum and	4818
the statement of the circulator shall be substantially as follows:	4819

"PETITION FOR ZONING REFERENDUM	4820

(if the proposal is identified by a particular name or number, or	4821
both, these should be inserted here) .......................	4822

A proposal to amend the zoning map of the unincorporated area	4823
of ............. Township, ................. County, Ohio, adopted	4824
.....(date)..... (followed by brief summary of the proposal).	4825

To the Board of Township Trustees of .....................	4826
Township, ................. County, Ohio:	4827

~~...................... County, Ohio:~~	4828

We, the undersigned, being electors residing in the	4829
unincorporated area of ....................... Township, included	4830
within the ............. Township Zoning Plan, equal to not less	4831
than eight per cent of the total vote cast for all candidates for	4832
governor in the area at the preceding general election at which a	4833
governor was elected, request the Board of Township Trustees to	4834
submit this amendment of the zoning resolution to the electors of	4835
........................ Township residing within the	4836
unincorporated area of the township included in the	4837
.................. Township Zoning Resolution, for approval or	4838
rejection at a special election to be held on the day of the	4839
primary or general election to be held on .....(date).....,	4840
pursuant to section 519.12 of the Revised Code.	4841

	Street Address				Date of		4842
Signature	or R.F.D.	Township	Precinct	County	Signing		4843

..............................................................	4844

..............................................................	4845

STATEMENT OF CIRCULATOR	4846

I, .............(name of circulator).........., declare under	4847
penalty of election falsification that I am an elector of the	4848
state of Ohio and reside at the address appearing below my	4849
signature; that I am the circulator of the foregoing part petition	4850
containing .......(number)....... signatures; that I have	4851
witnessed the affixing of every signature; that all signers were	4852
to the best of my knowledge and belief qualified to sign; and that	4853
every signature is to the best of my knowledge and belief the	4854
signature of the person whose signature it purports to be or of an	4855
attorney in fact acting pursuant to section 3501.382 of the	4856
Revised Code.	4857

	................................		4858
	(Signature of circulator)		4859
	................................		4860
	(Address of circulator's permanent		4861
	residence in this state)		4862
	................................		4863
	(City, village, or township,		4864
	and zip code)		4865

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	4866
OF THE FIFTH DEGREE."	4867

The petition shall be filed with the board of township	4868
trustees and shall be accompanied by an appropriate map of the	4869
area affected by the zoning proposal. Within two weeks after	4870
receiving a petition filed under this section, the board of	4871
township trustees shall certify the petition to the board of	4872
elections. A petition filed under this section shall be certified	4873
to the board of elections not less than seventy-five days prior to	4874
the election at which the question is to be voted upon.	4875

The board of elections shall determine the sufficiency and	4876
validity of each petition certified to it by a board of township	4877
trustees under this section. If the board of elections determines	4878
that a petition is sufficient and valid, the question shall be	4879
voted upon at a special election to be held on the day of the next	4880
primary or general election that occurs at least seventy-five days	4881
after the date the petition is filed with the board of township	4882
trustees, regardless of whether any election will be held to	4883
nominate or elect candidates on that day.	4884

No amendment for which such a referendum vote has been	4885
requested shall be put into effect unless a majority of the vote	4886
cast on the issue is in favor of the amendment. Upon certification	4887
by the board of elections that the amendment has been approved by	4888
the voters, it shall take immediate effect.	4889

Within five working days after an amendment's effective date,	4890
the board of township trustees shall file the text and maps of the	4891
amendment in the office of the county recorder and with the county	4892
or regional planning commission, if one exists.	4893

The failure to file any amendment, or any text and maps, or	4894
duplicates of any of these documents, with the office of the	4895
county recorder or the county or regional planning commission as	4896
required by this section does not invalidate the amendment and is	4897
not grounds for an appeal of any decision of the board of zoning	4898
appeals.	4899

Sec. 519.211. (A) Except as otherwise provided in division	4900
(B) or (C) of this section, sections 519.02 to 519.25 of the	4901
Revised Code confer no power on any board of township trustees or	4902
board of zoning appeals in respect to the location, erection,	4903
construction, reconstruction, change, alteration, maintenance,	4904
removal, use, or enlargement of any buildings or structures of any	4905
public utility or railroad, whether publicly or privately owned,	4906
or the use of land by any public utility or railroad, for the	4907
operation of its business. As used in this division, "public	4908
utility" does not include a person that owns or operates a solid	4909
waste facility or a solid waste transfer facility, other than a	4910
publicly owned solid waste facility or a publicly owned solid	4911
waste transfer facility, that has been issued a permit under	4912
Chapter 3734. of the Revised Code or a construction and	4913
demolition debris facility that has been issued a permit under	4914
Chapter 3714. of the Revised Code.	4915

(B)(1) As used in this division, "telecommunications tower"	4916
means any free-standing structure, or any structure to be attached	4917
to a building or other structure, that meets all of the following	4918
criteria:	4919

(a) The free-standing or attached structure is proposed to be	4920
constructed on or after October 31, 1996.	4921

(b) The free-standing or attached structure is proposed to be	4922
owned or principally used by a public utility engaged in the	4923
provision of telecommunications services.	4924

(c) The free-standing or attached structure is proposed to be	4925
located in an unincorporated area of a township, in an area zoned	4926
for residential use.	4927

(d)(i) The free-standing structure is proposed to top at a	4928
height that is greater than either the maximum allowable height of	4929
residential structures within the zoned area as set forth in the	4930
applicable zoning regulations, or the maximum allowable height of	4931
such a free-standing structure as set forth in any applicable	4932
zoning regulations in effect immediately prior to October 31,	4933
1996, or as those regulations subsequently are amended.	4934

(ii) The attached structure is proposed to top at a height	4935
that is greater than either the height of the building or other	4936
structure to which it is to be attached, or the maximum allowable	4937
height of such an attached structure as set forth in any	4938
applicable zoning regulations in effect immediately prior to	4939
October 31, 1996, or as those regulations subsequently are	4940
amended.	4941

(e) The free-standing or attached structure is proposed to	4942
have attached to it radio frequency transmission or reception	4943
equipment.	4944

(2) Sections 519.02 to 519.25 of the Revised Code confer	4945
power on a board of township trustees or board of zoning appeals	4946
with respect to the location, erection, construction,	4947
reconstruction, change, alteration, removal, or enlargement of a	4948
telecommunications tower, but not with respect to the maintenance	4949
or use of such a tower or any change or alteration that would not	4950
substantially increase the tower's height. However, the power so	4951
conferred shall apply to a particular telecommunications tower	4952
only upon the provision of a notice, in accordance with division	4953
(B)(4)(a) of this section, to the person proposing to construct	4954
the tower.	4955

(3) Any person who plans to construct a telecommunications	4956
tower in an area subject to township zoning regulations shall	4957
provide both of the following by certified mail:	4958

(a) Written notice to each owner of property, as shown on the	4959
county auditor's current tax list, whose land is contiguous to or	4960
directly across a street or roadway from the property on which the	4961
tower is proposed to be constructed, stating all of the following	4962
in clear and concise language:	4963

(i) The person's intent to construct the tower;

4964

(ii) A description of the property sufficient to identify the	4965
proposed location;	4966

(iii) That, no later than fifteen days after the date of	4967
mailing of the notice, any such property owner may give written	4968
notice to the board of township trustees requesting that sections	4969
519.02 to 519.25 of the Revised Code apply to the proposed	4970
location of the tower as provided under division (B)(4)(a) of this	4971
section.	4972

If the notice to a property owner is returned unclaimed or	4973
refused, the person shall mail the notice by regular mail. The	4974
failure of delivery of the notice does not invalidate the notice.	4975

(b) Written notice to the board of township trustees of the	4976
information specified in divisions (B)(3)(a)(i) and (ii) of this	4977
section. The notice to the board also shall include verification	4978
that the person has complied with division (B)(3)(a) of this	4979
section.	4980

(4)(a) If the board of township trustees receives notice from	4981
a property owner under division (B)(3)(a)(iii) of this section	4982
within the time specified in that division or if a board member	4983
makes an objection to the proposed location of the	4984
telecommunications tower within fifteen days after the date of	4985
mailing of the notice sent under division (B)(3)(b) of this	4986
section, the board shall request that the fiscal officer of the	4987
township send the person proposing to construct the tower written	4988
notice that the tower is subject to the power conferred by and in	4989
accordance with division (B)(2) of this section. The notice shall	4990
be sent no later than five days after the earlier of the date the	4991
board first receives such a notice from a property owner or the	4992
date upon which a board member makes an objection. Upon the date	4993
of mailing of the notice to the person, sections 519.02 to 519.25	4994
of the Revised Code shall apply to the tower.	4995

(b) If the board of township trustees receives no notice	4996
under division (B)(3)(a)(iii) of this section within the time	4997
prescribed by that division or no board member has an objection as	4998
provided under division (B)(4)(a) of this section within the time	4999
prescribed by that division, division (A) of this section shall	5000
apply to the tower without exception.	5001

(C) Sections 519.02 to 519.25 of the Revised Code confer	5002
power on a board of township trustees or board of zoning appeals	5003
with respect to the location, erection, construction,	5004
reconstruction, change, alteration, maintenance, removal, use, or	5005
enlargement of any buildings or structures of a public utility	5006
engaged in the business of transporting persons or property, or	5007
both, or providing or furnishing such transportation service, over	5008
any public street, road, or highway in this state, and with	5009
respect to the use of land by any such public utility for the	5010
operation of its business, to the extent that any exercise of such	5011
power is reasonable and not inconsistent with Chapters 4901.,	5012
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	5013
However, this division confers no power on a board of township	5014
trustees or board of zoning appeals with respect to a building or	5015
structure of, or the use of land by, a person engaged in the	5016
transportation of farm supplies to the farm or farm products from	5017
farm to market or to food fabricating plants.	5018

(D) Sections 519.02 to 519.25 of the Revised Code confer no	5019
power on any township zoning commission, board of township	5020
trustees, or board of zoning appeals to prohibit the sale or use	5021
of alcoholic beverages in areas where the establishment and	5022
operation of any retail business, hotel, lunchroom, or restaurant	5023
is permitted.	5024

(E)(1) Any person who plans to construct a telecommunications	5025
tower within one hundred feet of a residential dwelling shall	5026
provide a written notice to the owner of the residential dwelling	5027
and to the person occupying the residence, if that person is not	5028
the owner of the residence stating in clear and concise language	5029
the person's intent to construct the tower and a description of	5030
the property sufficient to identify the proposed location. The	5031
notice shall be sent by certified mail. If the notice is returned	5032
unclaimed or refused, the person shall mail the notice by regular	5033
mail. The failure of delivery does not invalidate the notice.	5034

(2) As used in division (E) of this section:

5035

(a) "Residential dwelling" means a building used or intended	5036
to be used as a personal residence by the owner, part-time owner,	5037
or lessee of the building, or any person authorized by such a	5038
person to use the building as a personal residence.	5039

(b) "Telecommunications tower" has the same meaning as in	5040
division (B)(1) of this section, except that the proposed location	5041
of the free-standing or attached structure may be an area other	5042
than an unincorporated area of a township, in an area zoned for	5043
residential use.	5044

Sec. 519.213. (A) As used in this section, "small wind farm"	5045
means wind turbines and associated facilities with a single	5046
interconnection to the electrical grid and designed for, or	5047
capable of, operation at an aggregate capacity of less than five	5048
megawatts.	5049

(B) Notwithstanding division (A) of section 519.211 of the	5050
Revised Code, sections 519.02 to 519.25 of the Revised Code confer	5051
power on a board of township trustees or board of zoning appeals	5052
with respect to the location, erection, construction,	5053
reconstruction, change, alteration, maintenance, removal, use, or	5054
enlargement of any small wind farm, whether publicly or privately	5055
owned, or the use of land for that purpose, which regulations may	5056
be more strict than the regulations prescribed in rules adopted	5057
under division (B)(2) of section 4906.20 of the Revised Code.	5058

(C) The designation under this section of a small wind farm	5059
as a public utility for purposes of sections 519.02 to 519.25 of	5060
the Revised Code shall not affect the classification of a small	5061
wind farm or any other public utility for purposes of state or	5062
local taxation.	5063

(D) Nothing in division (C) of this section shall be	5064
construed as affecting the classification of a telecommunications	5065
tower as defined in division (B) or (E) of section 519.211 of the	5066
Revised Code or any other public utility for purposes of state and	5067
local taxation.	5068

Sec. 713.081. (A) As used in this section, "small wind farm"	5069
means wind turbines and associated facilities with a single	5070
interconnection to the electrical grid and designed for, or	5071
capable of, operation at an aggregate capacity of less than five	5072
megawatts.	5073

(B) Sections 713.06 to 713.15 of the Revised Code confer	5074
power on the legislative authority of a municipal corporation with	5075
respect to the location, erection, construction, reconstruction,	5076
change, alteration, maintenance, removal, use, or enlargement of	5077
any small wind farm as a public utility, whether publicly or	5078
privately owned, or the use of land for that purpose, which	5079
regulations may be more strict than the regulations prescribed in	5080
rules adopted under division (B)(2) of section 4906.20 of the	5081
Revised Code.	5082

(C) The designation under this section of a small wind farm	5083
as a public utility for purposes of sections 713.06 to 713.15 of	5084
the Revised Code shall not affect the classification of a small	5085
wind farm or any other public utility for purposes of state or	5086
local taxation.	5087

Sec. 715.73. The area or areas to be included in a joint	5088
economic development district shall meet all of the following	5089
criteria:	5090

(A) The area or areas shall be located within the territory	5091
of one or more of the contracting parties and may consist of all	5092
of that territory.	5093

(B) No electors shall reside within the area or areas ~~and no~~	5094
~~part of the area or areas shall be zoned for residential use~~on	5095
the effective date of the contract creating the joint economic	5096
development district, as determined under section 715.77 of the	5097
Revised Code.	5098

(C) The area or areas shall not include any parcel of land	5099
owned in fee by or leased to a municipal corporation or township,	5100
unless the municipal corporation or township is a contracting	5101
party or has given its consent to have the parcel of land included	5102
in the district by the adoption of an ordinance or resolution.	5103

Sec. 715.74. (A) The contract creating a joint economic	5104
development district shall provide for the amount or nature of the	5105
contribution of each contracting party to the development and	5106
operation of the district and may provide for the sharing of the	5107
costs of the operation of and improvements for the district. The	5108
contributions may be in any form to which the contracting parties	5109
agree and may include, but are not limited to, the provision of	5110
services, money, real or personal property, facilities, or	5111
equipment. The contract may provide for the contracting parties to	5112
share revenue from taxes levied on property by one or more of the	5113
contracting parties, if those revenues may lawfully be applied to	5114
that purpose under the legislation by which those taxes are	5115
levied. The contract shall specify and provide for new, expanded,	5116
or additional services, facilities, or improvements. The contract	5117
may provide for expanded or additional capacity for or other	5118
enhancement of existing services, facilities, or improvements.	5119

(B) The contract shall enumerate the specific powers, duties,	5120
and functions of the board of directors of the district described	5121
under section 715.78 of the Revised Code and shall provide for the	5122
determination of procedures that are to govern the board.	5123

(C)(1) The contract may grant to the board the power to adopt	5124
a resolution to levy an income tax within the district and the	5125
contract may ~~desginate~~designate certain portions of the district	5126
where such an income tax may be levied. The income tax shall be	5127
used for the purposes of the district or any portion of the	5128
district in which the contract authorizes an income tax and for	5129
the purposes of the contracting parties pursuant to the contract.	5130
The income tax may be levied in the district based on income	5131
earned by persons working within the district and based on the net	5132
profits of businesses located in the district, but the income of	5133
an individual who resides in the district shall not be subject to	5134
such income tax unless the income is received for personal	5135
services performed in the district. The income tax of the district	5136
shall follow the provisions of Chapter 718. of the Revised Code,	5137
except that no vote shall be required. The rate of the income tax	5138
shall be no higher than the highest rate being levied by a	5139
municipal corporation that is a contracting party.	5140

(2) If the board adopts a resolution to levy an income tax,	5141
it shall enter into an agreement with a municipal corporation that	5142
is a contracting party to administer, collect, and enforce the	5143
income tax on behalf of the district.	5144

(3) A resolution levying an income tax under this section	5145
shall require the contracting parties to annually set aside a	5146
percentage, to be stated in the resolution, of the amount of the	5147
income tax collected for the long-term maintenance of the	5148
district.	5149

(4) An income tax levied under this section shall apply in	5150
the district or any portion of the district in which the contract	5151
authorizes an income tax throughout the term of the contract	5152
creating the district, notwithstanding that all or a portion of	5153
the district becomes subject to annexation, merger, or	5154
consolidation.	5155

(D) The contract creating a joint economic development	5156
district shall continue in existence throughout its term and shall	5157
be binding on the contracting parties and on any parties	5158
succeeding to the contracting parties, whether by annexation,	5159
merger, or consolidation. Except as provided in division (E) of	5160
this section, the contract may be amended, renewed, or terminated	5161
with the approval of the contracting parties or any parties	5162
succeeding to the contracting parties. If the contract is amended	5163
to add area to an existing district, the amendment shall be	5164
adopted in the manner prescribed under section 715.761 of the	5165
Revised Code.	5166

(E) If two or more contracting parties previously have	5167
entered into a separate contract for utility services, then	5168
amendment, renewal, or termination of the separate contract for	5169
utility services shall not constitute any part of the	5170
consideration for the contract creating a joint economic	5171
development district. A contract creating a joint economic	5172
development district shall be rebuttably presumed to violate this	5173
division if it is entered into within two years prior or five	5174
years subsequent to the amendment, renewal, or termination of a	5175
separate contract for utility services that two or more	5176
contracting parties previously have entered into. The presumption	5177
stated in this division may be rebutted by clear and convincing	5178
evidence of both of the following:	5179

(1) That other substantial consideration existed to support	5180
the contract creating a joint economic development district;	5181

(2) That the contracting parties entered into the contract	5182
creating a joint economic development district freely and without	5183
duress or coercion related to the amendment, renewal, or	5184
termination of the separate contract for utility services.	5185

(F) A contract creating a joint economic development district	5186
that violates division (E) of this section is void and	5187
unenforceable.	5188

Sec. 901.42. (A) The director of agriculture may provide	5189
financial assistance to a statewide, multi-state, or national	5190
nonprofit livestock association to defray not more than fifty per	5191
cent of the rental costs of the Ohio expositions center for	5192
purposes of conducting a livestock species exhibition at the	5193
center. In order to obtain financial assistance under this	5194
division, a nonprofit livestock association shall apply to the	5195
director on a form prescribed by the director and in the manner	5196
prescribed in rules adopted under division ~~(D)~~(C) of this section.	5197

Rental cost assistance authorized by this division shall be	5198
provided subject to both of the following conditions:	5199

(1) No nonprofit livestock association shall receive in any	5200
fiscal year rental cost assistance exceeding ~~thirty-four~~fifty per	5201
cent of the funds available to the director in that fiscal year	5202
for the purposes of this section and designated for the purpose of	5203
defraying rental costs for livestock species exhibitions.	5204

(2) The rental cost assistance shall be paid by the director	5205
to the Ohio expositions commission on behalf of the nonprofit	5206
livestock association by means of intrastate transfer voucher.	5207

If the director receives more than one application for	5208
financial assistance for rental costs, the director shall consider	5209
the cost of and local economic benefit generated by each	5210
applicant's exhibition when allocating financial assistance.	5211

(B) ~~The director may allocate not more than fifty thousand~~	5212
~~dollars of the moneys available for the purposes of this section~~	5213
~~in a fiscal year to provide financial assistance to a nonprofit~~	5214
~~livestock association to defray the costs of premium awards for a~~	5215
~~national multispecies exhibition held at the Ohio expositions~~	5216
~~center. In order to obtain financial assistance under this~~	5217
~~division, a nonprofit livestock association shall apply to the~~	5218
~~director on a form prescribed by the director and in the manner~~	5219
~~prescribed in rules adopted under division (D) of this section.~~	5220

~~(C)~~ The director may expend not more than ~~four~~two per cent	5221
of the moneys available for the purposes of this section in a	5222
fiscal year to defray the costs to the department of agriculture	5223
for administering this section or to assist in recruiting	5224
livestock exhibitions to be held at the Ohio expositions center.	5225

~~(D)~~(C) The director, in accordance with Chapter 119. of the	5226
Revised Code, shall adopt rules to carry out this section,	5227
including, without limitation, rules establishing procedures for	5228
the allocation and distribution of moneys available for the	5229
purposes of this section.	5230

Sec. 1332.04. (A) No political subdivision of this state	5231
shall provide cable service over a cable system, whether bundled	5232
with other services or unbundled, except in accordance with	5233
sections 1332.01 to 1332.10 of the Revised Code.	5234

(B)(1) No political subdivision of this state that is a	5235
public cable service provider or contracts with a public cable	5236
service provider for cable service over a cable system shall, by	5237
any means, do any of the following:	5238

(a) Prefer or advantage any public cable service provider or	5239
discriminate against any private cable service provider in any	5240
material matter affecting the provision, within the jurisdiction	5241
of the political subdivision, of cable service over a cable	5242
system;	5243

(b) Fail to apply any private cable service regulation	5244
without discrimination to a public cable service provider within	5245
the jurisdiction of the political subdivision;	5246

(c) Fail to pay all applicable fees, including, but not	5247
limited to, franchise fees, permit fees, pole attachment fees, or	5248
the equivalent of any such fees;	5249

(d) Require from a person providing video service within the	5250
jurisdiction of the political subdivision any direct or in-kind	5251
charge or a payment of any kind in exchange for PEG channel	5252
programming or other content produced by the political subdivision	5253
or by an entity created by or partially supported by the political	5254
subdivision. As used in division (B)(1)(d) of this section, "PEG	5255
channel" and "video service" have the same meanings as in section	5256
1332.21 of the Revised Code.	5257

(2) Nothing in division (B)(1) of this section requires the	5258
application of a private cable service regulation to a public	5259
cable service provider if that application would be without legal	5260
or practical consequence, such as the application of a private	5261
cable service regulation requiring provision of an insurance bond,	5262
which application to a public cable service provider would require	5263
it to insure its performance to itself.	5264

(C) No political subdivision of this state that is a public	5265
cable service provider shall have extraterritorial public cable	5266
service recipients in excess of fifty per cent of the number of	5267
public cable service recipients that reside within the	5268
geographical limits of the political subdivision. Nothing in this	5269
division prohibits public cable service providers from jointly	5270
owning and operating head-end equipment. Each such public cable	5271
service provider shall pay that proportion of the full costs of	5272
owning and operating such head-end equipment, including, but not	5273
limited to, the costs of construction, acquisition, installation,	5274
improvement, enhancement, modification, financing, maintenance,	5275
repair, and operation, equal to the total population of the	5276
political subdivision that is such public cable service provider	5277
divided by the total population of all political subdivisions that	5278
are public cable service providers jointly owning and operating	5279
such head-end equipment, determined annually or with such	5280
frequency as such public cable service providers otherwise agree.	5281

(D) No political subdivision of this state that is a	5282
franchising authority shall unreasonably withhold a request by a	5283
cable service provider to transfer, modify, or renew, in	5284
accordance with the terms of the franchise and in accordance with	5285
the provisions of the "Telecommunications Act of 1996," Pub. L.	5286
No. 104-104, Title III, Section 301(i), 110 Stat. 117, 47 U.S.C.A.	5287
537, the "Cable Communications Policy Act of 1984," Pub. L. No.	5288
98-549, Section 2, 98 Stat. 2790, 47 U.S.C.A. 545, or the "Cable	5289
Television Consumer Protection and Competition Act of 1992," Pub.	5290
L. No. 102-385, Section 18, 106 Stat. 1493, 47 U.S.C.A. 546, its	5291
existing franchise to provide cable service over a cable system.	5292

Sec. 1333.61. As used in sections 1333.61 to 1333.69 of the	5293
Revised Code, unless the context requires otherwise:	5294

(A) "Improper means" includes theft, bribery,	5295
misrepresentation, breach or inducement of a breach of a duty to	5296
maintain secrecy, or espionage through electronic or other means.	5297

(B) "Misappropriation" means any of the following:

5298

(1) Acquisition of a trade secret of another by a person who	5299
knows or has reason to know that the trade secret was acquired by	5300
improper means;	5301

(2) Disclosure or use of a trade secret of another without	5302
the express or implied consent of the other person by a person who	5303
did any of the following:	5304

(a) Used improper means to acquire knowledge of the trade	5305
secret;	5306

(b) At the time of disclosure or use, knew or had reason to	5307
know that the knowledge of the trade secret that the person	5308
acquired was derived from or through a person who had utilized	5309
improper means to acquire it, was acquired under circumstances	5310
giving rise to a duty to maintain its secrecy or limit its use, or	5311
was derived from or through a person who owed a duty to the person	5312
seeking relief to maintain its secrecy or limit its use;	5313

(c) Before a material change of their position, knew or had	5314
reason to know that it was a trade secret and that knowledge of it	5315
had been acquired by accident or mistake.	5316

(C) "Person" has the same meaning as in division (C) of	5317
section 1.59 of the Revised Code and includes governmental	5318
entities.	5319

(D) "Trade secret" means information, including the whole or	5320
any portion or phase of any scientific or technical information,	5321
design, process, procedure, formula, pattern, compilation,	5322
program, device, method, technique, or improvement, or any	5323
business information or plans, financial information, or listing	5324
of names, addresses, or telephone numbers, that satisfies both of	5325
the following:	5326

(1) It derives independent economic value, actual or	5327
potential, from not being generally known to, and not being	5328
readily ascertainable by proper means by, other persons who can	5329
obtain economic value from its disclosure or use.	5330

(2) It is the subject of efforts that are reasonable under	5331
the circumstances to maintain its secrecy.	5332

"Trade secret" includes any payroll record or other record	5333
relating to employee wages, fringe benefits, or other compensation	5334
that is provided to the Ohio school facilities commission by a	5335
contractor or subcontractor that bids for a contract or is awarded	5336
a contract for a school facilities project under Chapter 3318. of	5337
the Revised Code.	5338

Sec. 1346.03. Any information provided to the attorney	5339
general by the department of taxation in accordance with division	5340
~~(G)~~(C)(5) of section 5703.21 of the Revised Code shall not be	5341
disclosed publicly by the attorney general except when it is	5342
necessary to facilitate compliance with and enforcement of section	5343
1346.01 or 1346.02 of the Revised Code.	5344

Sec. 1751.01. As used in this chapter:

5345

(A)(1) "Basic health care services" means the following	5346
services when medically necessary:	5347

(a) Physician's services, except when such services are	5348
supplemental under division (B) of this section;	5349

(b) Inpatient hospital services;

5350

5351

(d) Emergency health services;

5352

(e) Urgent care services;

5353

(f) Diagnostic laboratory services and diagnostic and	5354
therapeutic radiologic services;	5355

(g) Diagnostic and treatment services, other than	5356
prescription drug services, for biologically based mental	5357
illnesses;	5358

(h) Preventive health care services, including, but not	5359
limited to, voluntary family planning services, infertility	5360
services, periodic physical examinations, prenatal obstetrical	5361
care, and well-child care;	5362

(i) Routine patient care for patients enrolled in an eligible	5363
cancer clinical trial pursuant to section 3923.80 of the Revised	5364
Code.	5365

"Basic health care services" does not include experimental	5366
procedures.	5367

Except as provided by divisions (A)(2) and (3) of this	5368
section in connection with the offering of coverage for diagnostic	5369
and treatment services for biologically based mental illnesses, a	5370
health insuring corporation shall not offer coverage for a health	5371
care service, defined as a basic health care service by this	5372
division, unless it offers coverage for all listed basic health	5373
care services. However, this requirement does not apply to the	5374
coverage of beneficiaries enrolled in ~~Title XVIII of the "Social~~	5375
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	5376
medicare pursuant to a medicare contract, or to the coverage of	5377
beneficiaries enrolled in the federal employee health benefits	5378
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	5379
~~beneficiaries enrolled in Title XIX of the "Social Security Act,"~~	5380
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as the~~	5381
~~medical assistance program or~~ medicaid~~, provided by the department~~	5382
~~of job and family services under Chapter 5111. of the Revised Code~~	5383
recipients, or to the coverage of participants of the children's	5384
buy-in program, or to the coverage of beneficiaries under any	5385
federal health care program regulated by a federal regulatory	5386
body, or to the coverage of beneficiaries under any contract	5387
covering officers or employees of the state that has been entered	5388
into by the department of administrative services.	5389

(2) A health insuring corporation may offer coverage for	5390
diagnostic and treatment services for biologically based mental	5391
illnesses without offering coverage for all other basic health	5392
care services. A health insuring corporation may offer coverage	5393
for diagnostic and treatment services for biologically based	5394
mental illnesses alone or in combination with one or more	5395
supplemental health care services. However, a health insuring	5396
corporation that offers coverage for any other basic health care	5397
service shall offer coverage for diagnostic and treatment services	5398
for biologically based mental illnesses in combination with the	5399
offer of coverage for all other listed basic health care services.	5400

(3) A health insuring corporation that offers coverage for	5401
basic health care services is not required to offer coverage for	5402
diagnostic and treatment services for biologically based mental	5403
illnesses in combination with the offer of coverage for all other	5404
listed basic health care services if all of the following apply:	5405

(a) The health insuring corporation submits documentation	5406
certified by an independent member of the American academy of	5407
actuaries to the superintendent of insurance showing that incurred	5408
claims for diagnostic and treatment services for biologically	5409
based mental illnesses for a period of at least six months	5410
independently caused the health insuring corporation's costs for	5411
claims and administrative expenses for the coverage of basic	5412
health care services to increase by more than one per cent per	5413
year.	5414

(b) The health insuring corporation submits a signed letter	5415
from an independent member of the American academy of actuaries to	5416
the superintendent of insurance opining that the increase in costs	5417
described in division (A)(3)(a) of this section could reasonably	5418
justify an increase of more than one per cent in the annual	5419
premiums or rates charged by the health insuring corporation for	5420
the coverage of basic health care services.	5421

(c) The superintendent of insurance makes the following	5422
determinations from the documentation and opinion submitted	5423
pursuant to divisions (A)(3)(a) and (b) of this section:	5424

(i) Incurred claims for diagnostic and treatment services for	5425
biologically based mental illnesses for a period of at least six	5426
months independently caused the health insuring corporation's	5427
costs for claims and administrative expenses for the coverage of	5428
basic health care services to increase by more than one per cent	5429
per year.	5430

(ii) The increase in costs reasonably justifies an increase	5431
of more than one per cent in the annual premiums or rates charged	5432
by the health insuring corporation for the coverage of basic	5433
health care services.	5434

Any determination made by the superintendent under this	5435
division is subject to Chapter 119. of the Revised Code.	5436

(B)(1) "Supplemental health care services" means any health	5437
care services other than basic health care services that a health	5438
insuring corporation may offer, alone or in combination with	5439
either basic health care services or other supplemental health	5440
care services, and includes:	5441

(a) Services of facilities for intermediate or long-term	5442
care, or both;	5443

(b) Dental care services;

5444

(c) Vision care and optometric services including lenses and	5445
frames;	5446

(d) Podiatric care or foot care services;

5447

(e) Mental health services, excluding diagnostic and	5448
treatment services for biologically based mental illnesses;	5449

(f) Short-term outpatient evaluative and crisis-intervention	5450
mental health services;	5451

(g) Medical or psychological treatment and referral services	5452
for alcohol and drug abuse or addiction;	5453

(h) Home health services;

5454

(i) Prescription drug services;

5455

(j) Nursing services;

5456

(k) Services of a dietitian licensed under Chapter 4759. of	5457
the Revised Code;	5458

(l) Physical therapy services;

5459

(m) Chiropractic services;

5460

(n) Any other category of services approved by the	5461
superintendent of insurance.	5462

(2) If a health insuring corporation offers prescription drug	5463
services under this division, the coverage shall include	5464
prescription drug services for the treatment of biologically based	5465
mental illnesses on the same terms and conditions as other	5466
physical diseases and disorders.	5467

(C) "Specialty health care services" means one of the	5468
supplemental health care services listed in division (B) of this	5469
section, when provided by a health insuring corporation on an	5470
outpatient-only basis and not in combination with other	5471
supplemental health care services.	5472

(D) "Biologically based mental illnesses" means	5473
schizophrenia, schizoaffective disorder, major depressive	5474
disorder, bipolar disorder, paranoia and other psychotic	5475
disorders, obsessive-compulsive disorder, and panic disorder, as	5476
these terms are defined in the most recent edition of the	5477
diagnostic and statistical manual of mental disorders published by	5478
the American psychiatric association.	5479

(E) "Children's buy-in program" has the same meaning as in	5480
section 5101.5211 of the Revised Code.	5481

(F) "Closed panel plan" means a health care plan that	5482
requires enrollees to use participating providers.	5483

~~(F)~~(G) "Compensation" means remuneration for the provision of	5484
health care services, determined on other than a fee-for-service	5485
or discounted-fee-for-service basis.	5486

~~(G)~~(H) "Contractual periodic prepayment" means the formula	5487
for determining the premium rate for all subscribers of a health	5488
insuring corporation.	5489

~~(H)~~(I) "Corporation" means a corporation formed under Chapter	5490
1701. or 1702. of the Revised Code or the similar laws of another	5491
state.	5492

~~(I)~~(J) "Emergency health services" means those health care	5493
services that must be available on a seven-days-per-week,	5494
twenty-four-hours-per-day basis in order to prevent jeopardy to an	5495
enrollee's health status that would occur if such services were	5496
not received as soon as possible, and includes, where appropriate,	5497
provisions for transportation and indemnity payments or service	5498
agreements for out-of-area coverage.	5499

~~(J)~~(K) "Enrollee" means any natural person who is entitled to	5500
receive health care benefits provided by a health insuring	5501
corporation.	5502

~~(K)~~(L) "Evidence of coverage" means any certificate,	5503
agreement, policy, or contract issued to a subscriber that sets	5504
out the coverage and other rights to which such person is entitled	5505
under a health care plan.	5506

~~(L)~~(M) "Health care facility" means any facility, except a	5507
health care practitioner's office, that provides preventive,	5508
diagnostic, therapeutic, acute convalescent, rehabilitation,	5509
mental health, mental retardation, intermediate care, or skilled	5510
nursing services.	5511

~~(M)~~(N) "Health care services" means basic, supplemental, and	5512
specialty health care services.	5513

~~(N)~~(O) "Health delivery network" means any group of providers	5514
or health care facilities, or both, or any representative thereof,	5515
that have entered into an agreement to offer health care services	5516
in a panel rather than on an individual basis.	5517

~~(O)~~(P) "Health insuring corporation" means a corporation, as	5518
defined in division ~~(H)~~(I) of this section, that, pursuant to a	5519
policy, contract, certificate, or agreement, pays for, reimburses,	5520
or provides, delivers, arranges for, or otherwise makes available,	5521
basic health care services, supplemental health care services, or	5522
specialty health care services, or a combination of basic health	5523
care services and either supplemental health care services or	5524
specialty health care services, through either an open panel plan	5525
or a closed panel plan.	5526

"Health insuring corporation" does not include a limited	5527
liability company formed pursuant to Chapter 1705. of the Revised	5528
Code, an insurer licensed under Title XXXIX of the Revised Code if	5529
that insurer offers only open panel plans under which all	5530
providers and health care facilities participating receive their	5531
compensation directly from the insurer, a corporation formed by or	5532
on behalf of a political subdivision or a department, office, or	5533
institution of the state, or a public entity formed by or on	5534
behalf of a board of county commissioners, a county board of	5535
mental retardation and developmental disabilities, an alcohol and	5536
drug addiction services board, a board of alcohol, drug addiction,	5537
and mental health services, or a community mental health board, as	5538
those terms are used in Chapters 340. and 5126. of the Revised	5539
Code. Except as provided by division (D) of section 1751.02 of	5540
the Revised Code, or as otherwise provided by law, no board,	5541
commission, agency, or other entity under the control of a	5542
political subdivision may accept insurance risk in providing for	5543
health care services. However, nothing in this division shall be	5544
construed as prohibiting such entities from purchasing the	5545
services of a health insuring corporation or a third-party	5546
administrator licensed under Chapter 3959. of the Revised Code.	5547

~~(P)~~(Q) "Intermediary organization" means a health delivery	5548
network or other entity that contracts with licensed health	5549
insuring corporations or self-insured employers, or both, to	5550
provide health care services, and that enters into contractual	5551
arrangements with other entities for the provision of health care	5552
services for the purpose of fulfilling the terms of its contracts	5553
with the health insuring corporations and self-insured employers.	5554

~~(Q)~~(R) "Intermediate care" means residential care above the	5555
level of room and board for patients who require personal	5556
assistance and health-related services, but who do not require	5557
skilled nursing care.	5558

~~(R)~~(S) "Medicaid" has the same meaning as in section 5111.01	5559
of the Revised Code.	5560

(T) "Medical record" means the personal information that	5561
relates to an individual's physical or mental condition, medical	5562
history, or medical treatment.	5563

~~(S)~~(U) "Medicare" means the program established under Title	5564
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	5565
1395, as amended.	5566

(V)(1) "Open panel plan" means a health care plan that	5567
provides incentives for enrollees to use participating providers	5568
and that also allows enrollees to use providers that are not	5569
participating providers.	5570

(2) No health insuring corporation may offer an open panel	5571
plan, unless the health insuring corporation is also licensed as	5572
an insurer under Title XXXIX of the Revised Code, the health	5573
insuring corporation, on June 4, 1997, holds a certificate of	5574
authority or license to operate under Chapter 1736. or 1740. of	5575
the Revised Code, or an insurer licensed under Title XXXIX of the	5576
Revised Code is responsible for the out-of-network risk as	5577
evidenced by both an evidence of coverage filing under section	5578
1751.11 of the Revised Code and a policy and certificate filing	5579
under section 3923.02 of the Revised Code.	5580

~~(T)~~(W) "Panel" means a group of providers or health care	5581
facilities that have joined together to deliver health care	5582
services through a contractual arrangement with a health insuring	5583
corporation, employer group, or other payor.	5584

~~(U)~~(X) "Person" has the same meaning as in section 1.59 of	5585
the Revised Code, and, unless the context otherwise requires,	5586
includes any insurance company holding a certificate of authority	5587
under Title XXXIX of the Revised Code, any subsidiary and	5588
affiliate of an insurance company, and any government agency.	5589

~~(V)~~(Y) "Premium rate" means any set fee regularly paid by a	5590
subscriber to a health insuring corporation. A "premium rate" does	5591
not include a one-time membership fee, an annual administrative	5592
fee, or a nominal access fee, paid to a managed health care system	5593
under which the recipient of health care services remains solely	5594
responsible for any charges accessed for those services by the	5595
provider or health care facility.	5596

~~(W)~~(Z) "Primary care provider" means a provider that is	5597
designated by a health insuring corporation to supervise,	5598
coordinate, or provide initial care or continuing care to an	5599
enrollee, and that may be required by the health insuring	5600
corporation to initiate a referral for specialty care and to	5601
maintain supervision of the health care services rendered to the	5602
enrollee.	5603

~~(X)~~(AA) "Provider" means any natural person or partnership of	5604
natural persons who are licensed, certified, accredited, or	5605
otherwise authorized in this state to furnish health care	5606
services, or any professional association organized under Chapter	5607
1785. of the Revised Code, provided that nothing in this chapter	5608
or other provisions of law shall be construed to preclude a health	5609
insuring corporation, health care practitioner, or organized	5610
health care group associated with a health insuring corporation	5611
from employing certified nurse practitioners, certified nurse	5612
anesthetists, clinical nurse specialists, certified nurse	5613
midwives, dietitians, physician assistants, dental assistants,	5614
dental hygienists, optometric technicians, or other allied health	5615
personnel who are licensed, certified, accredited, or otherwise	5616
authorized in this state to furnish health care services.	5617

~~(Y)~~(BB) "Provider sponsored organization" means a	5618
corporation, as defined in division ~~(H)~~(I) of this section, that	5619
is at least eighty per cent owned or controlled by one or more	5620
hospitals, as defined in section 3727.01 of the Revised Code, or	5621
one or more physicians licensed to practice medicine or surgery or	5622
osteopathic medicine and surgery under Chapter 4731. of the	5623
Revised Code, or any combination of such physicians and hospitals.	5624
Such control is presumed to exist if at least eighty per cent of	5625
the voting rights or governance rights of a provider sponsored	5626
organization are directly or indirectly owned, controlled, or	5627
otherwise held by any combination of the physicians and hospitals	5628
described in this division.	5629

~~(Z)~~(CC) "Solicitation document" means the written materials	5630
provided to prospective subscribers or enrollees, or both, and	5631
used for advertising and marketing to induce enrollment in the	5632
health care plans of a health insuring corporation.	5633

~~(AA)~~(DD) "Subscriber" means a person who is responsible for	5634
making payments to a health insuring corporation for participation	5635
in a health care plan, or an enrollee whose employment or other	5636
status is the basis of eligibility for enrollment in a health	5637
insuring corporation.	5638

~~(BB)~~(EE) "Urgent care services" means those health care	5639
services that are appropriately provided for an unforeseen	5640
condition of a kind that usually requires medical attention	5641
without delay but that does not pose a threat to the life, limb,	5642
or permanent health of the injured or ill person, and may include	5643
such health care services provided out of the health insuring	5644
corporation's approved service area pursuant to indemnity payments	5645
or service agreements.	5646

Sec. 1751.04. (A) Except as provided by division (F) of this	5647
section, upon the receipt by the superintendent of insurance of a	5648
complete application for a certificate of authority to establish	5649
or operate a health insuring corporation, which application sets	5650
forth or is accompanied by the information and documents required	5651
by division (A) of section 1751.03 of the Revised Code, the	5652
superintendent shall transmit copies of the application and	5653
accompanying documents to the director of health.	5654

(B) The director shall review the application and	5655
accompanying documents and make findings as to whether the	5656
applicant for a certificate of authority has done all of the	5657
following with respect to any basic health care services and	5658
supplemental health care services to be furnished:	5659

(1) Demonstrated the willingness and potential ability to	5660
ensure that all basic health care services and supplemental health	5661
care services described in the evidence of coverage will be	5662
provided to all its enrollees as promptly as is appropriate and in	5663
a manner that assures continuity;	5664

(2) Made effective arrangements to ensure that its enrollees	5665
have reliable access to qualified providers in those specialties	5666
that are generally available in the geographic area or areas to be	5667
served by the applicant and that are necessary to provide all	5668
basic health care services and supplemental health care services	5669
described in the evidence of coverage;	5670

(3) Made appropriate arrangements for the availability of	5671
short-term health care services in emergencies within the	5672
geographic area or areas to be served by the applicant,	5673
twenty-four hours per day, seven days per week, and for the	5674
provision of adequate coverage whenever an out-of-area emergency	5675
arises;	5676

(4) Made appropriate arrangements for an ongoing evaluation	5677
and assurance of the quality of health care services provided to	5678
enrollees, including, if applicable, the development of a quality	5679
assurance program complying with the requirements of sections	5680
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	5681
personnel, facilities, and equipment by or through which the	5682
services are rendered;	5683

(5) Developed a procedure to gather and report statistics	5684
relating to the cost and effectiveness of its operations, the	5685
pattern of utilization of its services, and the quality,	5686
availability, and accessibility of its services.	5687

(C) Within ninety days of the director's receipt of the	5688
application for issuance of a certificate of authority, the	5689
director shall certify to the superintendent whether or not the	5690
applicant meets the requirements of division (B) of this section	5691
and sections 3702.51 to 3702.62 of the Revised Code. If the	5692
director certifies that the applicant does not meet these	5693
requirements, the director shall specify in what respects it is	5694
deficient. However, the director shall not certify that the	5695
requirements of this section are not met unless the applicant has	5696
been given an opportunity for a hearing.	5697

(D) If the applicant requests a hearing, the director shall	5698
hold a hearing before certifying that the applicant does not meet	5699
the requirements of this section. The hearing shall be held in	5700
accordance with Chapter 119. of the Revised Code.	5701

(E) The ninety-day review period provided for under division	5702
(C) of this section shall cease to run as of the date on which the	5703
notice of the applicant's right to request a hearing is mailed and	5704
shall remain suspended until the director issues a final	5705
certification order.	5706

(F) Nothing in this section requires the director to review	5707
or make findings with regard to an application and accompanying	5708
documents to establish or operate aany of the following:	5709

(1) A health insuring corporation to cover solely medicaid	5710
recipients ~~of assistance under the medicaid program operated~~	5711
~~pursuant to Chapter 5111. of the Revised Code, a~~;	5712

(2) A health insuring corporation to cover solely ~~recipients~~	5713
~~of assistance under the federal~~ medicare ~~program under Title XVIII~~	5714
~~of the "Social Security Act," 49 Stat. 62 (1935), 42 U.S.C. 301,~~	5715
~~as amended, or a~~beneficiaries;	5716

(3) A health insuring corporation to cover solely medicaid	5717
recipients ~~of assistance under both the medicaid~~ and medicare	5718
~~programs~~beneficiaries;	5719

(4) A health insuring corporation to cover solely	5720
participants of the children's buy-in program;	5721

(5) A health insuring corporation to cover solely medicaid	5722
recipients and participants of the children's buy-in program;	5723

(6) A health insuring corporation to cover solely medicaid	5724
recipients, medicare beneficiaries, and participants of the	5725
children's buy-in program.	5726

Sec. 1751.05. (A) The superintendent of insurance shall	5727
issue or deny a certificate of authority to health insuring	5728
corporations within the deadlines specified as follows:	5729

(1) For a health insuring corporation filing an application	5730
pursuant to section 1751.03 of the Revised Code, forty-five days	5731
from the superintendent's receipt of the certification from the	5732
director of health under division (C) of section 1751.04 of the	5733
Revised Code;	5734

(2) ~~For a health insuring corporation that covers solely~~	5735
~~recipients of assistance under the medicaid program operated~~	5736
~~pursuant to Chapter 5111. of the Revised Code, one~~One hundred	5737
thirty-five days from the superintendent's receipt of a complete	5738
application and accompanying documents if the health insuring	5739
corporation is to cover solely the following:	5740

(a) Medicaid recipients;

5741

(b) Medicare beneficiaries;

5742

5743

(d) Participants of the children's buy-in program;

5744

(e) Medicaid recipients and participants of the children's	5745
buy-in program;	5746

(f) Medicaid recipients, medicare beneficiaries, and	5747
participants of the children's buy-in program.	5748

(B) A certificate of authority shall be issued upon payment	5749
of the application fee prescribed in section 1751.44 of the	5750
Revised Code if the superintendent is satisfied that the following	5751
conditions are met:	5752

(1) The persons responsible for the conduct of the affairs of	5753
the applicant are competent, trustworthy, and possess good	5754
reputations.	5755

(2) The director certifies, in accordance with division (C)	5756
of section 1751.04 of the Revised Code, that the organization's	5757
proposed plan of operation meets the requirements of division (B)	5758
of that section and sections 3702.51 to 3702.62 of the Revised	5759
Code. If, after the director has certified compliance, the	5760
application is amended in a manner that affects its approval under	5761
section 1751.04 of the Revised Code, the superintendent shall	5762
request the director to review and recertify the amended plan of	5763
operation. Within forty-five days of receipt of the amended plan	5764
from the superintendent, the director shall certify to the	5765
superintendent, pursuant to section 1751.04 of the Revised Code,	5766
whether or not the amended plan meets the requirements of section	5767
1751.04 of the Revised Code. The superintendent's forty-five-day	5768
review period shall cease to run as of the date on which the	5769
amended plan is transmitted to the director and shall remain	5770
suspended until the superintendent receives a new certification	5771
from the director.	5772

(3) The applicant constitutes an appropriate mechanism to	5773
effectively provide or arrange for the provision of the basic	5774
health care services, supplemental health care services, or	5775
specialty health care services to be provided to enrollees.	5776

(4) The applicant is financially responsible, complies with	5777
section 1751.28 of the Revised Code, and may reasonably be	5778
expected to meet its obligations to enrollees and prospective	5779
enrollees. In making this determination, the superintendent may	5780
consider:	5781

(a) The financial soundness of the applicant's arrangements	5782
for health care services, including the applicant's proposed	5783
contractual periodic prepayments or premiums and the use of	5784
copayments and deductibles;	5785

(b) The adequacy of working capital;

5786

(c) Any agreement with an insurer, a government, or any other	5787
person for insuring the payment of the cost of health care	5788
services or providing for automatic applicability of an	5789
alternative coverage in the event of discontinuance of the health	5790
insuring corporation's operations;	5791

(d) Any agreement with providers or health care facilities	5792
for the provision of health care services;	5793

(e) Any deposit of securities submitted in accordance with	5794
section 1751.27 of the Revised Code as a guarantee that the	5795
obligations will be performed.	5796

(5) The applicant has submitted documentation of an	5797
arrangement to provide health care services to its enrollees until	5798
the expiration of the enrollees' contracts with the applicant if a	5799
health care plan or the operations of the health insuring	5800
corporation are discontinued prior to the expiration of the	5801
enrollees' contracts. An arrangement to provide health care	5802
services may be made by using any one, or any combination, of the	5803
following methods:	5804

(a) The maintenance of insolvency insurance;

5805

(b) A provision in contracts with providers and health care	5806
facilities, but no health insuring corporation shall rely solely	5807
on such a provision for more than thirty days;	5808

(c) An agreement with other health insuring corporations or	5809
insurers, providing enrollees with automatic conversion rights	5810
upon the discontinuation of a health care plan or the health	5811
insuring corporation's operations;	5812

(d) Such other methods as approved by the superintendent.

5813

(6) Nothing in the applicant's proposed method of operation,	5814
as shown by the information submitted pursuant to section 1751.03	5815
of the Revised Code or by independent investigation, will cause	5816
harm to an enrollee or to the public at large, as determined by	5817
the superintendent.	5818

(7) Any deficiencies certified by the director have been	5819
corrected.	5820

(8) The applicant has deposited securities as set forth in	5821
section 1751.27 of the Revised Code.	5822

(C) If an applicant elects to fulfill the requirements of	5823
division (A)(5) of this section through an agreement with other	5824
health insuring corporations or insurers, the agreement shall	5825
require those health insuring corporations or insurers to give	5826
thirty days' notice to the superintendent prior to cancellation or	5827
discontinuation of the agreement for any reason.	5828

(D) A certificate of authority shall be denied only after	5829
compliance with the requirements of section 1751.36 of the Revised	5830
Code.	5831

Sec. 1751.11. (A) Every subscriber of a health insuring	5832
corporation is entitled to an evidence of coverage for the health	5833
care plan under which health care benefits are provided.	5834

(B) Every subscriber of a health insuring corporation that	5835
offers basic health care services is entitled to an identification	5836
card or similar document that specifies the health insuring	5837
corporation's name as stated in its articles of incorporation, and	5838
any trade or fictitious names used by the health insuring	5839
corporation. The identification card or document shall list at	5840
least one toll-free telephone number that provides the subscriber	5841
with access, to information on a twenty-four-hours-per-day,	5842
seven-days-per-week basis, as to how health care services may be	5843
obtained. The identification card or document shall also list at	5844
least one toll-free number that, during normal business hours,	5845
provides the subscriber with access to information on the coverage	5846
available under the subscriber's health care plan and information	5847
on the health care plan's internal and external review processes.	5848

(C) No evidence of coverage, or amendment to the evidence of	5849
coverage, shall be delivered, issued for delivery, renewed, or	5850
used, until the form of the evidence of coverage or amendment has	5851
been filed by the health insuring corporation with the	5852
superintendent of insurance. If the superintendent does not	5853
disapprove the evidence of coverage or amendment within sixty days	5854
after it is filed it shall be deemed approved, unless the	5855
superintendent sooner gives approval for the evidence of coverage	5856
or amendment. With respect to an amendment to an approved evidence	5857
of coverage, the superintendent only may disapprove provisions	5858
amended or added to the evidence of coverage. If the	5859
superintendent determines within the sixty-day period that any	5860
evidence of coverage or amendment fails to meet the requirements	5861
of this section, the superintendent shall so notify the health	5862
insuring corporation and it shall be unlawful for the health	5863
insuring corporation to use such evidence of coverage or	5864
amendment. At any time, the superintendent, upon at least thirty	5865
days' written notice to a health insuring corporation, may	5866
withdraw an approval, deemed or actual, of any evidence of	5867
coverage or amendment on any of the grounds stated in this	5868
section. Such disapproval shall be effected by a written order,	5869
which shall state the grounds for disapproval and shall be issued	5870
in accordance with Chapter 119. of the Revised Code.	5871

(D) No evidence of coverage or amendment shall be delivered,	5872
issued for delivery, renewed, or used:	5873

(1) If it contains provisions or statements that are	5874
inequitable, untrue, misleading, or deceptive;	5875

(2) Unless it contains a clear, concise, and complete	5876
statement of the following:	5877

(a) The health care services and insurance or other benefits,	5878
if any, to which an enrollee is entitled under the health care	5879
plan;	5880

(b) Any exclusions or limitations on the health care	5881
services, type of health care services, benefits, or type of	5882
benefits to be provided, including copayments and deductibles;	5883

(c) An enrollee's personal financial obligation for	5884
noncovered services;	5885

(d) Where and in what manner general information and	5886
information as to how health care services may be obtained is	5887
available, including a toll-free telephone number;	5888

(e) The premium rate with respect to individual and	5889
conversion contracts, and relevant copayment and deductible	5890
provisions with respect to all contracts. The statement of the	5891
premium rate, however, may be contained in a separate insert.	5892

(f) The method utilized by the health insuring corporation	5893
for resolving enrollee complaints;	5894

(g) The utilization review, internal review, and external	5895
review procedures established under sections 1751.77 to 1751.85 of	5896
the Revised Code.	5897

(3) Unless it provides for the continuation of an enrollee's	5898
coverage, in the event that the enrollee's coverage under the	5899
group policy, contract, certificate, or agreement terminates while	5900
the enrollee is receiving inpatient care in a hospital. This	5901
continuation of coverage shall terminate at the earliest	5902
occurrence of any of the following:	5903

(a) The enrollee's discharge from the hospital;

5904

(b) The determination by the enrollee's attending physician	5905
that inpatient care is no longer medically indicated for the	5906
enrollee; however, nothing in division (D)(3)(b) of this section	5907
precludes a health insuring corporation from engaging in	5908
utilization review as described in the evidence of coverage.	5909

(c) The enrollee's reaching the limit for contractual	5910
benefits;	5911

(d) The effective date of any new coverage.

5912

(4) Unless it contains a provision that states, in substance,	5913
that the health insuring corporation is not a member of any	5914
guaranty fund, and that in the event of the health insuring	5915
corporation's insolvency, an enrollee is protected only to the	5916
extent that the hold harmless provision required by section	5917
1751.13 of the Revised Code applies to the health care services	5918
rendered;	5919

(5) Unless it contains a provision that states, in substance,	5920
that in the event of the insolvency of the health insuring	5921
corporation, an enrollee may be financially responsible for health	5922
care services rendered by a provider or health care facility that	5923
is not under contract to the health insuring corporation, whether	5924
or not the health insuring corporation authorized the use of the	5925
provider or health care facility.	5926

(E) Notwithstanding divisions (C) and (D) of this section, a	5927
health insuring corporation may use an evidence of coverage that	5928
provides for the coverage of beneficiaries enrolled in ~~Title XVIII~~	5929
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	5930
~~301, as amended,~~medicare pursuant to a medicare contract, or an	5931
evidence of coverage that provides for the coverage of	5932
beneficiaries enrolled in the federal employees health benefits	5933
program pursuant to 5 U.S.C.A. 8905, or an evidence of coverage	5934
that provides for the coverage of ~~beneficiaries enrolled in Title~~	5935
~~XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	5936
~~301, as amended, known as the medical assistance program or~~	5937
medicaid~~, provided by the Ohio department of job and family~~	5938
~~services under Chapter 5111. of the Revised Code~~recipients, or an	5939
evidence of coverage that provides for coverage of participants of	5940
the children's buy-in program, or an evidence of coverage that	5941
provides for the coverage of beneficiaries under any other federal	5942
health care program regulated by a federal regulatory body, or an	5943
evidence of coverage that provides for the coverage of	5944
beneficiaries under any contract covering officers or employees of	5945
the state that has been entered into by the department of	5946
administrative services, if both of the following apply:	5947

(1) The evidence of coverage has been approved by the United	5948
States department of health and human services, the United States	5949
office of personnel management, the Ohio department of job and	5950
family services, or the department of administrative services.	5951

(2) The evidence of coverage is filed with the superintendent	5952
of insurance prior to use and is accompanied by documentation of	5953
approval from the United States department of health and human	5954
services, the United States office of personnel management, the	5955
Ohio department of job and family services, or the department of	5956
administrative services.	5957

Sec. 1751.111. (A)(1) This section applies to both of the	5958
following:	5959

(a) A health insuring corporation that issues or requires the	5960
use of a standardized identification card or an electronic	5961
technology for submission and routing of prescription drug claims	5962
pursuant to a policy, contract, or agreement for health care	5963
services;	5964

(b) A person or entity that a health insuring corporation	5965
contracts with to issue a standardized identification card or an	5966
electronic technology described in division (A)(1)(a) of this	5967
section.	5968

(2) Notwithstanding division (A)(1) of this section, this	5969
section does not apply to the issuance or required use of a	5970
standardized identification card or an electronic technology for	5971
submission and routing of prescription drug claims in connection	5972
with any of the following:	5973

(a) Coverage provided under the medicare advantage program	5974
operated pursuant to Part C of Title XVIII of the "Social Security	5975
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.	5976

(b) Coverage provided under medicaid~~, as defined in section~~	5977
~~5111.01 of the Revised Code~~.	5978

5979

(d) Coverage provided under an employer's self-insurance plan	5980
or by any of its administrators, as defined in section 3959.01 of	5981
the Revised Code, to the extent that federal law supersedes,	5982
preempts, prohibits, or otherwise precludes the application of	5983
this section to the plan and its administrators.	5984

(B) A standardized identification card or an electronic	5985
technology issued or required to be used as provided in division	5986
(A)(1) of this section shall contain uniform prescription drug	5987
information in accordance with either division (B)(1) or (2) of	5988
this section.	5989

(1) The standardized identification card or the electronic	5990
technology shall be in a format and contain information fields	5991
approved by the national council for prescription drug programs or	5992
a successor organization, as specified in the council's or	5993
successor organization's pharmacy identification card	5994
implementation guide in effect on the first day of October most	5995
immediately preceding the issuance or required use of the	5996
standardized identification card or the electronic technology.	5997

(2) If the health insuring corporation or the person under	5998
contract with the corporation to issue a standardized	5999
identification card or an electronic technology requires the	6000
information for the submission and routing of a claim, the	6001
standardized identification card or the electronic technology	6002
shall contain any of the following information:	6003

(a) The health insuring corporation's name;

6004

(b) The subscriber's name, group number, and identification	6005
number;	6006

(c) A telephone number to inquire about pharmacy-related	6007
issues;	6008

(d) The issuer's international identification number, labeled	6009
as "ANSI BIN" or "RxBIN";	6010

(e) The processor's control number, labeled as "RxPCN";

6011

(f) The subscriber's pharmacy benefits group number if	6012
different from the subscriber's medical group number, labeled as	6013
"RxGrp."	6014

(C) If the standardized identification card or the electronic	6015
technology issued or required to be used as provided in division	6016
(A)(1) of this section is also used for submission and routing of	6017
nonpharmacy claims, the designation "Rx" is required to be	6018
included as part of the labels identified in divisions (B)(2)(d)	6019
and (e) of this section if the issuer's international	6020
identification number or the processor's control number is	6021
different for medical and pharmacy claims.	6022

(D) Each health insuring corporation described in division	6023
(A) of this section shall annually file a certificate with the	6024
superintendent of insurance certifying that it or any person it	6025
contracts with to issue a standardized identification card or	6026
electronic technology for submission and routing of prescription	6027
drug claims complies with this section.	6028

(E)(1) Except as provided in division (E)(2) of this section,	6029
if there is a change in the information contained in the	6030
standardized identification card or the electronic technology	6031
issued to a subscriber, the health insuring corporation or person	6032
under contract with the corporation to issue a standardized	6033
identification card or an electronic technology shall issue a new	6034
card or electronic technology to the subscriber.	6035

(2) A health insuring corporation or person under contract	6036
with the corporation is not required under division (E)(1) of this	6037
section to issue a new card or electronic technology to a	6038
subscriber more than once during a twelve-month period.	6039

(F) Nothing in this section shall be construed as requiring a	6040
health insuring corporation to produce more than one standardized	6041
identification card or one electronic technology for use by	6042
subscribers accessing health care benefits provided under a	6043
policy, contract, or agreement for health care services.	6044

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	6045
no premium rate for nongroup and conversion policies for health	6046
care services, or any amendment to them, may be used by any health	6047
insuring corporation at any time until the contractual periodic	6048
prepayment and premium rate, or amendment, have been filed with	6049
the superintendent of insurance, and shall not be effective until	6050
the expiration of sixty days after their filing unless the	6051
superintendent sooner gives approval. The filing shall be	6052
accompanied by an actuarial certification in the form prescribed	6053
by the superintendent. The superintendent shall disapprove the	6054
filing, if the superintendent determines within the sixty-day	6055
period that the contractual periodic prepayment or premium rate,	6056
or amendment, is not in accordance with sound actuarial principles	6057
or is not reasonably related to the applicable coverage and	6058
characteristics of the applicable class of enrollees. The	6059
superintendent shall notify the health insuring corporation of the	6060
disapproval, and it shall thereafter be unlawful for the health	6061
insuring corporation to use the contractual periodic prepayment or	6062
premium rate, or amendment.	6063

(2) No contractual periodic prepayment for group policies for	6064
health care services shall be used until the contractual periodic	6065
prepayment has been filed with the superintendent. The filing	6066
shall be accompanied by an actuarial certification in the form	6067
prescribed by the superintendent. The superintendent may reject a	6068
filing made under division (A)(2) of this section at any time,	6069
with at least thirty days' written notice to a health insuring	6070
corporation, if the contractual periodic prepayment is not in	6071
accordance with sound actuarial principles or is not reasonably	6072
related to the applicable coverage and characteristics of the	6073
applicable class of enrollees.	6074

(3) At any time, the superintendent, upon at least thirty	6075
days' written notice to a health insuring corporation, may	6076
withdraw the approval given under division (A)(1) of this section,	6077
deemed or actual, of any contractual periodic prepayment or	6078
premium rate, or amendment, based on information that either of	6079
the following applies:	6080

(a) The contractual periodic prepayment or premium rate, or	6081
amendment, is not in accordance with sound actuarial principles.	6082

(b) The contractual periodic prepayment or premium rate, or	6083
amendment, is not reasonably related to the applicable coverage	6084
and characteristics of the applicable class of enrollees.	6085

(4) Any disapproval under division (A)(1) of this section,	6086
any rejection of a filing made under division (A)(2) of this	6087
section, or any withdrawal of approval under division (A)(3) of	6088
this section, shall be effected by a written notice, which shall	6089
state the specific basis for the disapproval, rejection, or	6090
withdrawal and shall be issued in accordance with Chapter 119. of	6091
the Revised Code.	6092

(B) Notwithstanding division (A) of this section, a health	6093
insuring corporation may use a contractual periodic prepayment or	6094
premium rate for policies used for the coverage of beneficiaries	6095
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6096
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	6097
medicare risk contract or medicare cost contract, or for policies	6098
used for the coverage of beneficiaries enrolled in the federal	6099
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	6100
for policies used for the coverage of ~~beneficiaries enrolled in~~	6101
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	6102
~~U.S.C.A. 301, as amended, known as the medical assistance program~~	6103
or medicaid~~, provided by the department of job and family services~~	6104
~~under Chapter 5111. of the Revised Code~~recipients, or for	6105
policies used for coverage of participants of the children's	6106
buy-in program, or for policies used for the coverage of	6107
beneficiaries under any other federal health care program	6108
regulated by a federal regulatory body, or for policies used for	6109
the coverage of beneficiaries under any contract covering officers	6110
or employees of the state that has been entered into by the	6111
department of administrative services, if both of the following	6112
apply:	6113

(1) The contractual periodic prepayment or premium rate has	6114
been approved by the United States department of health and human	6115
services, the United States office of personnel management, the	6116
department of job and family services, or the department of	6117
administrative services.	6118

(2) The contractual periodic prepayment or premium rate is	6119
filed with the superintendent prior to use and is accompanied by	6120
documentation of approval from the United States department of	6121
health and human services, the United States office of personnel	6122
management, the department of job and family services, or the	6123
department of administrative services.	6124

(C) The administrative expense portion of all contractual	6125
periodic prepayment or premium rate filings submitted to the	6126
superintendent for review must reflect the actual cost of	6127
administering the product. The superintendent may require that the	6128
administrative expense portion of the filings be itemized and	6129
supported.	6130

(D)(1) Copayments must be reasonable and must not be a	6131
barrier to the necessary utilization of services by enrollees.	6132

(2) A health insuring corporation, in order to ensure that	6133
copayments are reasonable and not a barrier to the necessary	6134
utilization of basic health care services by enrollees, may do one	6135
of the following:	6136

(a) Impose copayment charges on any single covered basic	6137
health care service that does not exceed forty per cent of the	6138
average cost to the health insuring corporation of providing the	6139
service;	6140

(b) Impose copayment charges that annually do not exceed	6141
twenty per cent of the total annual cost to the health insuring	6142
corporation of providing all covered basic health care services,	6143
including physician office visits, urgent care services, and	6144
emergency health services, when aggregated as to all persons	6145
covered under the filed product in question. In addition, annual	6146
copayment charges as to each enrollee shall not exceed twenty per	6147
cent of the total annual cost to the health insuring corporation	6148
of providing all covered basic health care services, including	6149
physician office visits, urgent care services, and emergency	6150
health services, as to such enrollee. The total annual cost of	6151
providing a health care service is the cost to the health insuring	6152
corporation of providing the health care service to its enrollees	6153
as reduced by any applicable provider discount.	6154

(3) To ensure that copayments are reasonable and not a	6155
barrier to the utilization of basic health care services, a health	6156
insuring corporation may not impose, in any contract year, on any	6157
subscriber or enrollee, copayments that exceed two hundred per	6158
cent of the average annual premium rate to subscribers or	6159
enrollees.	6160

(4) For purposes of division (D) of this section, both of the	6161
following apply:	6162

(a) Copayments imposed by health insuring corporations in	6163
connection with a high deductible health plan that is linked to a	6164
health savings account are reasonable and are not a barrier to the	6165
necessary utilization of services by enrollees.	6166

(b) Divisions (D)(2) and (3) of this section do not apply to	6167
a high deductible health plan that is linked to a health savings	6168
account.	6169

(E) A health insuring corporation shall not impose lifetime	6170
maximums on basic health care services. However, a health insuring	6171
corporation may establish a benefit limit for inpatient hospital	6172
services that are provided pursuant to a policy, contract,	6173
certificate, or agreement for supplemental health care services.	6174

(F) A health insuring corporation may require that an	6175
enrollee pay an annual deductible that does not exceed one	6176
thousand dollars per enrollee or two thousand dollars per family,	6177
except that:	6178

(1) A health insuring corporation may impose higher	6179
deductibles for high deductible health plans that are linked to	6180
health savings accounts;	6181

(2) The superintendent may adopt rules allowing different	6182
annual deductible amounts for plans with a medical savings	6183
account, health reimbursement arrangement, flexible spending	6184
account, or similar account;	6185

(3) A health insuring corporation may impose higher	6186
deductibles under health plans if requested by the group contract,	6187
policy, certificate, or agreement holder, or an individual seeking	6188
coverage under an individual health plan. This shall not be	6189
construed as requiring the health insuring corporation to create	6190
customized health plans for group contract holders or individuals.	6191

(G) As used in this section, "health savings account" and	6192
"high deductible health plan" have the same meanings as in the	6193
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	6194
amended.	6195

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	6196
either directly or indirectly, enter into contracts for the	6197
provision of health care services with a sufficient number and	6198
types of providers and health care facilities to ensure that all	6199
covered health care services will be accessible to enrollees from	6200
a contracted provider or health care facility.	6201

(b) A health insuring corporation shall not refuse to	6202
contract with a physician for the provision of health care	6203
services or refuse to recognize a physician as a specialist on the	6204
basis that the physician attended an educational program or a	6205
residency program approved or certified by the American	6206
osteopathic association. A health insuring corporation shall not	6207
refuse to contract with a health care facility for the provision	6208
of health care services on the basis that the health care facility	6209
is certified or accredited by the American osteopathic association	6210
or that the health care facility is an osteopathic hospital as	6211
defined in section 3702.51 of the Revised Code.	6212

(c) Nothing in division (A)(1)(b) of this section shall be	6213
construed to require a health insuring corporation to make a	6214
benefit payment under a closed panel plan to a physician or health	6215
care facility with which the health insuring corporation does not	6216
have a contract, provided that none of the bases set forth in that	6217
division are used as a reason for failing to make a benefit	6218
payment.	6219

(2) When a health insuring corporation is unable to provide a	6220
covered health care service from a contracted provider or health	6221
care facility, the health insuring corporation must provide that	6222
health care service from a noncontracted provider or health care	6223
facility consistent with the terms of the enrollee's policy,	6224
contract, certificate, or agreement. The health insuring	6225
corporation shall either ensure that the health care service be	6226
provided at no greater cost to the enrollee than if the enrollee	6227
had obtained the health care service from a contracted provider or	6228
health care facility, or make other arrangements acceptable to the	6229
superintendent of insurance.	6230

(3) Nothing in this section shall prohibit a health insuring	6231
corporation from entering into contracts with out-of-state	6232
providers or health care facilities that are licensed, certified,	6233
accredited, or otherwise authorized in that state.	6234

(B)(1) A health insuring corporation shall, either directly	6235
or indirectly, enter into contracts with all providers and health	6236
care facilities through which health care services are provided to	6237
its enrollees.	6238

(2) A health insuring corporation, upon written request,	6239
shall assist its contracted providers in finding stop-loss or	6240
reinsurance carriers.	6241

(C) A health insuring corporation shall file an annual	6242
certificate with the superintendent certifying that all provider	6243
contracts and contracts with health care facilities through which	6244
health care services are being provided contain the following:	6245

(1) A description of the method by which the provider or	6246
health care facility will be notified of the specific health care	6247
services for which the provider or health care facility will be	6248
responsible, including any limitations or conditions on such	6249
services;	6250

(2) The specific hold harmless provision specifying	6251
protection of enrollees set forth as follows:	6252

"[Provider/Health Care Facility] agrees that in no event,	6253
including but not limited to nonpayment by the health insuring	6254
corporation, insolvency of the health insuring corporation, or	6255
breach of this agreement, shall [Provider/Health Care Facility]	6256
bill, charge, collect a deposit from, seek remuneration or	6257
reimbursement from, or have any recourse against, a subscriber,	6258
enrollee, person to whom health care services have been provided,	6259
or person acting on behalf of the covered enrollee, for health	6260
care services provided pursuant to this agreement. This does not	6261
prohibit [Provider/Health Care Facility] from collecting	6262
co-insurance, deductibles, or copayments as specifically provided	6263
in the evidence of coverage, or fees for uncovered health care	6264
services delivered on a fee-for-service basis to persons	6265
referenced above, nor from any recourse against the health	6266
insuring corporation or its successor."	6267

(3) Provisions requiring the provider or health care facility	6268
to continue to provide covered health care services to enrollees	6269
in the event of the health insuring corporation's insolvency or	6270
discontinuance of operations. The provisions shall require the	6271
provider or health care facility to continue to provide covered	6272
health care services to enrollees as needed to complete any	6273
medically necessary procedures commenced but unfinished at the	6274
time of the health insuring corporation's insolvency or	6275
discontinuance of operations. The completion of a medically	6276
necessary procedure shall include the rendering of all covered	6277
health care services that constitute medically necessary follow-up	6278
care for that procedure. If an enrollee is receiving necessary	6279
inpatient care at a hospital, the provisions may limit the	6280
required provision of covered health care services relating to	6281
that inpatient care in accordance with division (D)(3) of section	6282
1751.11 of the Revised Code, and may also limit such required	6283
provision of covered health care services to the period ending	6284
thirty days after the health insuring corporation's insolvency or	6285
discontinuance of operations.	6286

The provisions required by division (C)(3) of this section	6287
shall not require any provider or health care facility to continue	6288
to provide any covered health care service after the occurrence of	6289
any of the following:	6290

(a) The end of the thirty-day period following the entry of a	6291
liquidation order under Chapter 3903. of the Revised Code;	6292

(b) The end of the enrollee's period of coverage for a	6293
contractual prepayment or premium;	6294

(c) The enrollee obtains equivalent coverage with another	6295
health insuring corporation or insurer, or the enrollee's employer	6296
obtains such coverage for the enrollee;	6297

(d) The enrollee or the enrollee's employer terminates	6298
coverage under the contract;	6299

(e) A liquidator effects a transfer of the health insuring	6300
corporation's obligations under the contract under division (A)(8)	6301
of section 3903.21 of the Revised Code.	6302

(4) A provision clearly stating the rights and	6303
responsibilities of the health insuring corporation, and of the	6304
contracted providers and health care facilities, with respect to	6305
administrative policies and programs, including, but not limited	6306
to, payments systems, utilization review, quality assurance,	6307
assessment, and improvement programs, credentialing,	6308
confidentiality requirements, and any applicable federal or state	6309
programs;	6310

(5) A provision regarding the availability and	6311
confidentiality of those health records maintained by providers	6312
and health care facilities to monitor and evaluate the quality of	6313
care, to conduct evaluations and audits, and to determine on a	6314
concurrent or retrospective basis the necessity of and	6315
appropriateness of health care services provided to enrollees.	6316
The provision shall include terms requiring the provider or health	6317
care facility to make these health records available to	6318
appropriate state and federal authorities involved in assessing	6319
the quality of care or in investigating the grievances or	6320
complaints of enrollees, and requiring the provider or health care	6321
facility to comply with applicable state and federal laws related	6322
to the confidentiality of medical or health records.	6323

(6) A provision that states that contractual rights and	6324
responsibilities may not be assigned or delegated by the provider	6325
or health care facility without the prior written consent of the	6326
health insuring corporation;	6327

(7) A provision requiring the provider or health care	6328
facility to maintain adequate professional liability and	6329
malpractice insurance. The provision shall also require the	6330
provider or health care facility to notify the health insuring	6331
corporation not more than ten days after the provider's or health	6332
care facility's receipt of notice of any reduction or cancellation	6333
of such coverage.	6334

(8) A provision requiring the provider or health care	6335
facility to observe, protect, and promote the rights of enrollees	6336
as patients;	6337

(9) A provision requiring the provider or health care	6338
facility to provide health care services without discrimination on	6339
the basis of a patient's participation in the health care plan,	6340
age, sex, ethnicity, religion, sexual preference, health status,	6341
or disability, and without regard to the source of payments made	6342
for health care services rendered to a patient. This requirement	6343
shall not apply to circumstances when the provider or health care	6344
facility appropriately does not render services due to limitations	6345
arising from the provider's or health care facility's lack of	6346
training, experience, or skill, or due to licensing restrictions.	6347

(10) A provision containing the specifics of any obligation	6348
on the primary care provider to provide, or to arrange for the	6349
provision of, covered health care services twenty-four hours per	6350
day, seven days per week;	6351

(11) A provision setting forth procedures for the resolution	6352
of disputes arising out of the contract;	6353

(12) A provision stating that the hold harmless provision	6354
required by division (C)(2) of this section shall survive the	6355
termination of the contract with respect to services covered and	6356
provided under the contract during the time the contract was in	6357
effect, regardless of the reason for the termination, including	6358
the insolvency of the health insuring corporation;	6359

(13) A provision requiring those terms that are used in the	6360
contract and that are defined by this chapter, be used in the	6361
contract in a manner consistent with those definitions.	6362

This division does not apply to the coverage of beneficiaries	6363
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6364
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	6365
medicare risk contract or medicare cost contract, or to the	6366
coverage of beneficiaries enrolled in the federal employee health	6367
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage	6368
of ~~beneficiaries enrolled in Title XIX of the "Social Security~~	6369
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as~~	6370
~~the medical assistance program or~~ medicaid~~, provided by the~~	6371
~~department of job and family services under Chapter 5111. of the~~	6372
~~Revised Code~~recipients, or to the coverage of beneficiaries under	6373
any federal health care program regulated by a federal regulatory	6374
body, or to the coverage of participants of the children's buy-in	6375
program, or to the coverage of beneficiaries under any contract	6376
covering officers or employees of the state that has been entered	6377
into by the department of administrative services.	6378

(D)(1) No health insuring corporation contract with a	6379
provider or health care facility shall contain any of the	6380
following:	6381

(a) A provision that directly or indirectly offers an	6382
inducement to the provider or health care facility to reduce or	6383
limit medically necessary health care services to a covered	6384
enrollee;	6385

(b) A provision that penalizes a provider or health care	6386
facility that assists an enrollee to seek a reconsideration of the	6387
health insuring corporation's decision to deny or limit benefits	6388
to the enrollee;	6389

(c) A provision that limits or otherwise restricts the	6390
provider's or health care facility's ethical and legal	6391
responsibility to fully advise enrollees about their medical	6392
condition and about medically appropriate treatment options;	6393

(d) A provision that penalizes a provider or health care	6394
facility for principally advocating for medically necessary health	6395
care services;	6396

(e) A provision that penalizes a provider or health care	6397
facility for providing information or testimony to a legislative	6398
or regulatory body or agency. This shall not be construed to	6399
prohibit a health insuring corporation from penalizing a provider	6400
or health care facility that provides information or testimony	6401
that is libelous or slanderous or that discloses trade secrets	6402
which the provider or health care facility has no privilege or	6403
permission to disclose.	6404

(f) A provision that violates Chapter 3963. of the Revised	6405
Code.	6406

(2) Nothing in this division shall be construed to prohibit a	6407
health insuring corporation from doing either of the following:	6408

(a) Making a determination not to reimburse or pay for a	6409
particular medical treatment or other health care service;	6410

(b) Enforcing reasonable peer review or utilization review	6411
protocols, or determining whether a particular provider or health	6412
care facility has complied with these protocols.	6413

(E) Any contract between a health insuring corporation and an	6414
intermediary organization shall clearly specify that the health	6415
insuring corporation must approve or disapprove the participation	6416
of any provider or health care facility with which the	6417
intermediary organization contracts.	6418

(F) If an intermediary organization that is not a health	6419
delivery network contracting solely with self-insured employers	6420
subcontracts with a provider or health care facility, the	6421
subcontract with the provider or health care facility shall do all	6422
of the following:	6423

(1) Contain the provisions required by divisions (C) and (G)	6424
of this section, as made applicable to an intermediary	6425
organization, without the inclusion of inducements or penalties	6426
described in division (D) of this section;	6427

(2) Acknowledge that the health insuring corporation is a	6428
third-party beneficiary to the agreement;	6429

(3) Acknowledge the health insuring corporation's role in	6430
approving the participation of the provider or health care	6431
facility, pursuant to division (E) of this section.	6432

(G) Any provider contract or contract with a health care	6433
facility shall clearly specify the health insuring corporation's	6434
statutory responsibility to monitor and oversee the offering of	6435
covered health care services to its enrollees.	6436

(H)(1) A health insuring corporation shall maintain its	6437
provider contracts and its contracts with health care facilities	6438
at one or more of its places of business in this state, and shall	6439
provide copies of these contracts to facilitate regulatory review	6440
upon written notice by the superintendent of insurance.	6441

(2) Any contract with an intermediary organization that	6442
accepts compensation shall include provisions requiring the	6443
intermediary organization to provide the superintendent with	6444
regulatory access to all books, records, financial information,	6445
and documents related to the provision of health care services to	6446
subscribers and enrollees under the contract. The contract shall	6447
require the intermediary organization to maintain such books,	6448
records, financial information, and documents at its principal	6449
place of business in this state and to preserve them for at least	6450
three years in a manner that facilitates regulatory review.	6451

(I)(1) A health insuring corporation shall notify its	6452
affected enrollees of the termination of a contract for the	6453
provision of health care services between the health insuring	6454
corporation and a primary care physician or hospital, by mail,	6455
within thirty days after the termination of the contract.	6456

(a) Notice shall be given to subscribers of the termination	6457
of a contract with a primary care physician if the subscriber, or	6458
a dependent covered under the subscriber's health care coverage,	6459
has received health care services from the primary care physician	6460
within the previous twelve months or if the subscriber or	6461
dependent has selected the physician as the subscriber's or	6462
dependent's primary care physician within the previous twelve	6463
months.	6464

(b) Notice shall be given to subscribers of the termination	6465
of a contract with a hospital if the subscriber, or a dependent	6466
covered under the subscriber's health care coverage, has received	6467
health care services from that hospital within the previous twelve	6468
months.	6469

(2) The health insuring corporation shall pay, in accordance	6470
with the terms of the contract, for all covered health care	6471
services rendered to an enrollee by a primary care physician or	6472
hospital between the date of the termination of the contract and	6473
five days after the notification of the contract termination is	6474
mailed to a subscriber at the subscriber's last known address.	6475

(J) Divisions (A) and (B) of this section do not apply to any	6476
health insuring corporation that, on June 4, 1997, holds a	6477
certificate of authority or license to operate under Chapter 1740.	6478
of the Revised Code.	6479

(K) Nothing in this section shall restrict the governing body	6480
of a hospital from exercising the authority granted it pursuant to	6481
section 3701.351 of the Revised Code.	6482

Sec. 1751.15. (A) After a health insuring corporation has	6483
furnished, directly or indirectly, basic health care services for	6484
a period of twenty-four months, and if it currently meets the	6485
financial requirements set forth in section 1751.28 of the Revised	6486
Code and had net income as reported to the superintendent of	6487
insurance for at least one of the preceding four calendar	6488
quarters, it shall hold an annual open enrollment period of not	6489
less than thirty days during its month of licensure for	6490
individuals who are not federally eligible individuals at the time	6491
they apply for enrollment.	6492

(B) During the open enrollment period described in division	6493
(A) of this section, the health insuring corporation shall accept	6494
applicants and their dependents in the order in which they apply	6495
for enrollment and in accordance with any of the following:	6496

(1) Up to its capacity, as determined by the health insuring	6497
corporation subject to review by the superintendent;	6498

(2) If less than its capacity, one per cent of the health	6499
insuring corporation's total number of subscribers residing in	6500
this state as of the immediately preceding thirty-first day of	6501
December.	6502

(C) Where a health insuring corporation demonstrates to the	6503
satisfaction of the superintendent that such open enrollment would	6504
jeopardize its economic viability, the superintendent may do any	6505
of the following:	6506

(1) Waive the requirement for open enrollment;

6507

(2) Impose a limit on the number of applicants and their	6508
dependents that must be enrolled;	6509

(3) Authorize such underwriting restrictions upon open	6510
enrollment as are necessary to do any of the following:	6511

(a) Preserve its financial stability;

6512

(b) Prevent excessive adverse selection;

6513

(c) Avoid unreasonably high or unmarketable charges for	6514
coverage of health care services.	6515

(D)(1) A request to the superintendent under division (C) of	6516
this section for any restriction, limit, or waiver during an open	6517
enrollment period must be accompanied by supporting documentation,	6518
including financial data. In reviewing the request, the	6519
superintendent may consider various factors, including the size of	6520
the health insuring corporation, the health insuring corporation's	6521
net worth and profitability, the health insuring corporation's	6522
delivery system structure, and the effect on profitability of	6523
prior open enrollments.	6524

(2) Any action taken by the superintendent under division (C)	6525
of this section shall be effective for a period of not more than	6526
one year. At the expiration of such time, a new demonstration of	6527
the health insuring corporation's need for the restriction, limit,	6528
or waiver shall be made before a new restriction, limit, or waiver	6529
is granted by the superintendent.	6530

(3) Irrespective of the granting of any restriction, limit,	6531
or waiver by the superintendent, a health insuring corporation may	6532
reject an applicant or a dependent of the applicant during its	6533
open enrollment period if the applicant or dependent:	6534

(a) Was eligible for and was covered under any	6535
employer-sponsored health care coverage, or if employer-sponsored	6536
health care coverage was available at the time of open enrollment;	6537

(b) Is eligible for continuation coverage under state or	6538
federal law;	6539

(c) Is eligible for medicare, and the health insuring	6540
corporation does not have an agreement on appropriate payment	6541
mechanisms with the governmental agency administering the medicare	6542
program.	6543

(E) A health insuring corporation shall not be required	6544
either to enroll applicants or their dependents who are confined	6545
to a health care facility because of chronic illness, permanent	6546
injury, or other infirmity that would cause economic impairment to	6547
the health insuring corporation if such applicants or their	6548
dependents were enrolled or to make the effective date of benefits	6549
for applicants or their dependents enrolled under this section	6550
earlier than ninety days after the date of enrollment.	6551

(F) A health insuring corporation shall not be required to	6552
cover the fees or costs, or both, for any basic health care	6553
service related to a transplant of a body organ if the transplant	6554
occurs within one year after the effective date of an enrollee's	6555
coverage under this section. This limitation on coverage does not	6556
apply to a newly born child who meets the requirements for	6557
coverage under section 1751.61 of the Revised Code.	6558

(G) Each health insuring corporation required to hold an open	6559
enrollment pursuant to division (A) of this section shall file	6560
with the superintendent, not later than sixty days prior to the	6561
commencement of the proposed open enrollment period, the following	6562
documents:	6563

(1) The proposed public notice of open enrollment;

6564

(2) The evidence of coverage approved pursuant to section	6565
1751.11 of the Revised Code that will be used during open	6566
enrollment;	6567

(3) The contractual periodic prepayment and premium rate	6568
approved pursuant to section 1751.12 of the Revised Code that will	6569
be applicable during open enrollment;	6570

(4) Any solicitation document approved pursuant to section	6571
1751.31 of the Revised Code to be sent to applicants, including	6572
the application form that will be used during open enrollment;	6573

(5) A list of the proposed dates of publication of the public	6574
notice, and the names of the newspapers in which the notice will	6575
appear;	6576

(6) Any request for a restriction, limit, or waiver with	6577
respect to the open enrollment period, along with any supporting	6578
documentation.	6579

(H)(1) An open enrollment period shall not satisfy the	6580
requirements of this section unless the health insuring	6581
corporation provides adequate public notice in accordance with	6582
divisions (H)(2) and (3) of this section. No public notice shall	6583
be used until the form of the public notice has been filed by the	6584
health insuring corporation with the superintendent. If the	6585
superintendent does not disapprove the public notice within sixty	6586
days after it is filed, it shall be deemed approved, unless the	6587
superintendent sooner gives approval for the public notice. If the	6588
superintendent determines within this sixty-day period that the	6589
public notice fails to meet the requirements of this section, the	6590
superintendent shall so notify the health insuring corporation and	6591
it shall be unlawful for the health insuring corporation to use	6592
the public notice. Such disapproval shall be effected by a written	6593
order, which shall state the grounds for disapproval and shall be	6594
issued in accordance with Chapter 119. of the Revised Code.	6595

(2) A public notice pursuant to division (H)(1) of this	6596
section shall be published in at least one newspaper of general	6597
circulation in each county in the health insuring corporation's	6598
service area, at least once in each of the two weeks immediately	6599
preceding the month in which the open enrollment is to occur and	6600
in each week of that month, or until the enrollment limitation is	6601
reached, whichever occurs first. The notice published during the	6602
last week of open enrollment shall appear not less than five days	6603
before the end of the open enrollment period. It shall be at least	6604
two newspaper columns wide or two and one-half inches wide,	6605
whichever is larger. The first two lines of the text shall be	6606
published in not less than twelve-point, boldface type. The	6607
remainder of the text of the notice shall be published in not less	6608
than eight-point type. The entire public notice shall be	6609
surrounded by a continuous black line not less than one-eighth of	6610
an inch wide.	6611

(3) The following information shall be included in the public	6612
notice provided under division (H)(2) of this section:	6613

(a) The dates that open enrollment will be held and the date	6614
coverage obtained under the open enrollment will become effective;	6615

(b) Notice that an applicant or the applicant's dependents	6616
will not be denied coverage during open enrollment because of a	6617
preexisting health condition, but that some limitations and	6618
restrictions may apply;	6619

6620

(d) The telephone number that a person may call to request an	6621
application or to ask questions;	6622

(e) The date the first payment will be due;

6623

(f) The actual rates or range of rates that will be	6624
applicable for applicants;	6625

(g) Any limitation granted by the superintendent on the	6626
number of applications that will be accepted by the health	6627
insuring corporation.	6628

(4) Within thirty days after the end of an open enrollment	6629
period, the health insuring corporation shall submit to the	6630
superintendent proof of publication for the public notices, and	6631
shall report the total number of applicants and their dependents	6632
enrolled during the open enrollment period.	6633

(I)(1) No health insuring corporation may employ any scheme,	6634
plan, or device that restricts the ability of any person to enroll	6635
during open enrollment.	6636

(2) No health insuring corporation may require enrollment to	6637
be made in person. Every health insuring corporation shall permit	6638
application for coverage by mail. A representative of the health	6639
insuring corporation may visit an applicant who has submitted an	6640
application by mail, in order to explain the operations of the	6641
health insuring corporation and to answer any questions the	6642
applicant may have. Every health insuring corporation shall make	6643
open enrollment applications and solicitation documents readily	6644
available to any potential applicant who requests such material.	6645

(J) An application postmarked on the last day of an open	6646
enrollment period shall qualify as a valid application, regardless	6647
of the date on which it is received by the health insuring	6648
corporation.	6649

(K) This section does not apply to any of the following:

6650

(1) Any health insuring corporation that offers only	6651
supplemental health care services or specialty health care	6652
services~~, or to any~~;	6653

(2) Any health insuring corporation that offers plans only	6654
through ~~Title XVIII or Title XIX of the "Social Security Act," 49~~	6655
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~medicare, medicaid,	6656
or the children's buy-in program and that has no other commercial	6657
enrollment~~, or to any~~;	6658

(3) Any health insuring corporation that offers plans only	6659
through other federal health care programs regulated by federal	6660
regulatory bodies and that has no other commercial enrollment~~, or~~	6661
~~to any~~;	6662

(4) Any health insuring corporation that offers plans only	6663
through contracts covering officers or employees of the state that	6664
have been entered into by the department of administrative	6665
services and that has no other commercial enrollment.	6666

(L) Each health insuring corporation shall accept federally	6667
eligible individuals for open enrollment coverage as provided in	6668
section 3923.581 of the Revised Code. A health insuring	6669
corporation may reinsure coverage of any federally eligible	6670
individual acquired under that section with the open enrollment	6671
reinsurance program in accordance with division (G) of section	6672
3924.11 of the Revised Code. Fixed periodic prepayment rates	6673
charged for coverage reinsured by the program shall be established	6674
in accordance with section 3924.12 of the Revised Code.	6675

(M) As used in this section, "federally eligible individual"	6676
means an eligible individual as defined in 45 C.F.R. 148.103.	6677

Sec. 1751.16. (A) Except as provided in division (F) of this	6678
section, every group contract issued by a health insuring	6679
corporation shall provide an option for conversion to an	6680
individual contract issued on a direct-payment basis to any	6681
subscriber covered by the group contract who terminates employment	6682
or membership in the group, unless:	6683

(1) Termination of the conversion option or contract is based	6684
upon nonpayment of premium after reasonable notice in writing has	6685
been given by the health insuring corporation to the subscriber.	6686

(2) The subscriber is, or is eligible to be, covered for	6687
benefits at least comparable to the group contract under any of	6688
the following:	6689

(a) ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6690
~~(1935), 42 U.S.C.A. 301, as amended~~Medicare;	6691

(b) Any act of congress or law under this or any other state	6692
of the United States providing coverage at least comparable to the	6693
benefits under division (A)(2)(a) of this section;	6694

(c) Any policy of insurance or health care plan providing	6695
coverage at least comparable to the benefits under division	6696
(A)(2)(a) of this section.	6697

(B)(1) The direct-payment contract offered by the health	6698
insuring corporation pursuant to division (A) of this section	6699
shall provide the following:	6700

(a) In the case of an individual who is not a federally	6701
eligible individual, benefits comparable to benefits in any of the	6702
individual contracts then being issued to individual subscribers	6703
by the health insuring corporation;	6704

(b) In the case of a federally eligible individual, a basic	6705
and standard plan established by the board of directors of the	6706
Ohio health reinsurance program or plans substantially similar to	6707
the basic and standard plan in benefit design and scope of covered	6708
services. For purposes of division (B)(1)(b) of this section, the	6709
superintendent of insurance shall determine whether a plan is	6710
substantially similar to the basic or standard plan in benefit	6711
design and scope of covered services. The contractual periodic	6712
prepayments charged for such plans may not exceed an amount that	6713
is two times the midpoint of the standard rate charged any other	6714
individual of a group to which the organization is currently	6715
accepting new business and for which similar copayments and	6716
deductibles are applied.	6717

(2) The direct payment contract offered pursuant to division	6718
(A) of this section may include a coordination of benefits	6719
provision as approved by the superintendent.	6720

(3) For purposes of division (B) of this section "federally	6721
eligible individual" means an eligible individual as defined in 45	6722
C.F.R. 148.103.	6723

6724

(1) Upon the death of the subscriber, to the surviving spouse	6725
with respect to such of the spouse and dependents as are then	6726
covered by the group contract;	6727

(2) To a child solely with respect to the child upon the	6728
child's attaining the limiting age of coverage under the group	6729
contract while covered as a dependent under the contract;	6730

(3) Upon the divorce, dissolution, or annulment of the	6731
marriage of the subscriber, to the divorced spouse, or, in the	6732
event of annulment, to the former spouse of the subscriber.	6733

(D) No health insuring corporation shall use age as the basis	6734
for refusing to renew a converted contract.	6735

(E) Written notice of the conversion option provided by this	6736
section shall be given to the subscriber by the health insuring	6737
corporation by mail. The notice shall be sent to the subscriber's	6738
address in the records of the employer upon receipt of notice from	6739
the employer of the event giving rise to the conversion option. If	6740
the subscriber has not received notice of the conversion privilege	6741
at least fifteen days prior to the expiration of the thirty-day	6742
conversion period, then the subscriber shall have an additional	6743
period within which to exercise the privilege. This additional	6744
period shall expire fifteen days after the subscriber receives	6745
notice, but in no event shall the period extend beyond sixty days	6746
after the expiration of the thirty-day conversion period.	6747

(F) This section does not apply to any group contract	6748
offering only supplemental health care services or specialty	6749
health care services.	6750

Sec. 1751.17. (A) As used in this section, "nongroup	6751
contract" means a contract issued by a health insuring corporation	6752
to an individual who makes direct application for coverage under	6753
the contract and who, if required by the health insuring	6754
corporation, submits to medical underwriting. "Nongroup contract"	6755
does not include group conversion coverage, coverage obtained	6756
through open enrollment, or coverage issued on the basis of	6757
membership in a group.	6758

(B) Except as provided in division (C) of this section, every	6759
nongroup contract that is issued by a health insuring corporation	6760
and that makes available basic health care services shall provide	6761
an option for conversion to a contract issued on a direct-payment	6762
basis to an enrollee covered by the nongroup contract. The option	6763
for conversion shall be available:	6764

(1) Upon the death of the subscriber, to the surviving spouse	6765
with respect to the spouse or dependents who were then covered by	6766
the nongroup contract;	6767

(2) Upon the divorce, dissolution, or annulment of the	6768
marriage of the subscriber, to the divorced spouse, or, in the	6769
event of annulment, to the former spouse of the subscriber;	6770

(3) To a child solely with respect to the child, upon the	6771
child's attaining the limiting age of coverage under the nongroup	6772
contract while covered as a dependent under the contract.	6773

(C) The direct payment contract offered pursuant to division	6774
(B) of this section shall not be made available to an enrollee if	6775
any of the following applies:	6776

(1) The enrollee is, or is eligible to be, covered for	6777
benefits at least comparable to the nongroup contract under any of	6778
the following:	6779

(a) ~~The medical assistance program under Chapter 5111. of the~~	6780
~~Revised Code~~Medicaid;	6781

(b) ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6782
~~(1935), 42 U.S.C.A. 301, as amended~~The children's buy-in program;	6783

6784

(d) Any act of congress or law under this or any other state	6785
of the United States providing coverage at least comparable to the	6786
benefits offered under division (C)(1)(a) or, (b), or (c) of this	6787
section.	6788

(2) The nongroup contract under which the enrollee was	6789
covered was terminated due to nonpayment of a premium rate.	6790

(3) The enrollee is eligible for group coverage provided by,	6791
or available through, an employer or association and the group	6792
coverage provides benefits comparable to the benefits provided	6793
under a direct payment contract.	6794

(D) The direct payment contract offered pursuant to division	6795
(B) of this section shall provide benefits that are at least	6796
comparable to the benefits provided by the nongroup contract under	6797
which the enrollee was covered at the time of the occurrence of	6798
any of the events set forth in division (B) of this section. The	6799
coverage provided under the direct payment contract shall be	6800
continuous, provided that the enrollee makes the required premium	6801
rate payment within the thirty-day period immediately following	6802
the occurrence of the event, and may be terminated for nonpayment	6803
of any required premium rate payment.	6804

(E) The evidence of coverage of every nongroup contract shall	6805
contain notice that an option for conversion to a contract issued	6806
on a direct-payment basis is available, in accordance with this	6807
section, to any enrollee covered by the contract.	6808

(F) Benefits otherwise payable to an enrollee under a direct	6809
payment contract shall be reduced by the amount of any benefits	6810
available to the enrollee under any applicable group health	6811
insuring corporation contract or group sickness and accident	6812
insurance policy.	6813

(G) Nothing in this section shall be construed as requiring a	6814
health insuring corporation to offer nongroup contracts.	6815

(H) This section does not apply to any nongroup contract	6816
offering only supplemental health care services or specialty	6817
health care services.	6818

Sec. 1751.18. (A)(1) No health insuring corporation shall	6819
cancel or fail to renew the coverage of a subscriber or enrollee	6820
because of any health status-related factor in relation to the	6821
subscriber or enrollee, the subscriber's or enrollee's	6822
requirements for health care services, or for any other reason	6823
designated under rules adopted by the superintendent of insurance.	6824

(2) Unless otherwise required by state or federal law, no	6825
health insuring corporation, or health care facility or provider	6826
through which the health insuring corporation has made	6827
arrangements to provide health care services, shall discriminate	6828
against any individual with regard to enrollment, disenrollment,	6829
or the quality of health care services rendered, on the basis of	6830
the individual's race, color, sex, age, religion, military status	6831
as defined in section 4112.01 of the Revised Code, or status as a	6832
recipient of medicare or ~~medical assistance under Title XVIII or~~	6833
~~XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	6834
~~301, as amended~~medicaid, or any health status-related factor in	6835
relation to the individual. However, a health insuring	6836
corporation shall not be required to accept a recipient of	6837
medicare or medical assistance, if an agreement has not been	6838
reached on appropriate payment mechanisms between the health	6839
insuring corporation and the governmental agency administering	6840
these programs. Further, except during a period of open	6841
enrollment under section 1751.15 of the Revised Code, a health	6842
insuring corporation may reject an applicant for nongroup	6843
enrollment on the basis of any health status-related factor in	6844
relation to the applicant.	6845

(B) A health insuring corporation may cancel or decide not to	6846
renew the coverage of an enrollee if the enrollee has performed an	6847
act or practice that constitutes fraud or intentional	6848
misrepresentation of material fact under the terms of the coverage	6849
and if the cancellation or nonrenewal is not based, either	6850
directly or indirectly, on any health status-related factor in	6851
relation to the enrollee.	6852

(C) An enrollee may appeal any action or decision of a health	6853
insuring corporation taken pursuant to section 2742(b) to (e) of	6854
the "Health Insurance Portability and Accountability Act of 1996,"	6855
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	6856
amended. To appeal, the enrollee may submit a written complaint	6857
to the health insuring corporation pursuant to section 1751.19 of	6858
the Revised Code. The enrollee may, within thirty days after	6859
receiving a written response from the health insuring corporation,	6860
appeal the health insuring corporation's action or decision to the	6861
superintendent.	6862

(D) As used in this section, "health status-related factor"	6863
means any of the following:	6864

(1) Health status;

6865

(2) Medical condition, including both physical and mental	6866
illnesses;	6867

(3) Claims experience;

6868

(4) Receipt of health care;

6869

(5) Medical history;

6870

(6) Genetic information;

6871

(7) Evidence of insurability, including conditions arising	6872
out of acts of domestic violence;	6873

(8) Disability.

6874

Sec. 1751.20. (A) No health insuring corporation, or agent,	6875
employee, or representative of a health insuring corporation,	6876
shall use any advertisement or solicitation document, or shall	6877
engage in any activity, that is unfair, untrue, misleading, or	6878
deceptive.	6879

(B) No health insuring corporation shall use a name that is	6880
deceptively similar to the name or description of any insurance or	6881
surety corporation doing business in this state.	6882

(C) All solicitation documents, advertisements, evidences of	6883
coverage, and enrollee identification cards used by a health	6884
insuring corporation shall contain the health insuring	6885
corporation's name. The use of a trade name, an insurance group	6886
designation, the name of a parent company, the name of a division	6887
of an affiliated insurance company, a service mark, a slogan, a	6888
symbol, or other device, without the name of the health insuring	6889
corporation as stated in its articles of incorporation, shall not	6890
satisfy this requirement if the usage would have the capacity and	6891
tendency to mislead or deceive persons as to the true identity of	6892
the health insuring corporation.	6893

(D) No solicitation document or advertisement used by a	6894
health insuring corporation shall contain any words, symbols, or	6895
physical materials that are so similar in content, phraseology,	6896
shape, color, or other characteristic to those used by an agency	6897
of the federal government or this state, that prospective	6898
enrollees may be led to believe that the solicitation document or	6899
advertisement is connected with an agency of the federal	6900
government or this state.	6901

(E) A health insuring corporation that provides basic health	6902
care services may use the phrase "health maintenance organization"	6903
or the abbreviation "HMO" in its marketing name, advertising,	6904
solicitation documents, or marketing literature, or in reference	6905
to the phrase "doing business as" or the abbreviation "DBA."	6906

(F) This section does not apply to the coverage of	6907
beneficiaries enrolled in ~~Title XVIII of the "Social Security~~	6908
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~medicare	6909
pursuant to a medicare risk contract or medicare cost contract, or	6910
to the coverage of beneficiaries enrolled in the federal employee	6911
health benefits program pursuant to 5 U.S.C.A. 8905, or to the	6912
coverage of ~~beneficiaries enrolled in Title XIX of the "Social~~	6913
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	6914
~~known as the medical assistance program or~~ medicaid~~, provided by~~	6915
~~the Ohio department of job and family services under Chapter 5111.~~	6916
~~of the Revised Code~~recipients, or to the coverage of participants	6917
of the children's buy-in program, or to the coverage of	6918
beneficiaries under any federal health care program regulated by	6919
a federal regulatory body, or to the coverage of beneficiaries	6920
under any contract covering officers or employees of the state	6921
that has been entered into by the department of administrative	6922
services.	6923

Sec. 1751.31. (A) Any changes in a health insuring	6924
corporation's solicitation document shall be filed with the	6925
superintendent of insurance. The superintendent, within sixty days	6926
of filing, may disapprove any solicitation document or amendment	6927
to it on any of the grounds stated in this section. Such	6928
disapproval shall be effected by written notice to the health	6929
insuring corporation. The notice shall state the grounds for	6930
disapproval and shall be issued in accordance with Chapter 119. of	6931
the Revised Code.	6932

(B) The solicitation document shall contain all information	6933
necessary to enable a consumer to make an informed choice as to	6934
whether or not to enroll in the health insuring corporation. The	6935
information shall include a specific description of the health	6936
care services to be available and the approximate number and type	6937
of full-time equivalent medical practitioners. The information	6938
shall be presented in the solicitation document in a manner that	6939
is clear, concise, and intelligible to prospective applicants in	6940
the proposed service area.	6941

(C) Every potential applicant whose subscription to a health	6942
care plan is solicited shall receive, at or before the time of	6943
solicitation, a solicitation document approved by the	6944
superintendent.	6945

(D) Notwithstanding division (A) of this section, a health	6946
insuring corporation may use a solicitation document that the	6947
corporation uses in connection with policies for medicare	6948
beneficiaries ~~of Title XVIII of the "Social Security Act," 49~~	6949
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ pursuant to a	6950
medicare risk contract or medicare cost contract, or for policies	6951
for beneficiaries of the federal employees health benefits program	6952
pursuant to 5 U.S.C.A. 8905, or for policies for ~~beneficiaries of~~	6953
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	6954
~~U.S.C.A. 301, as amended, known as the medical assistance program~~	6955
or medicaid~~, provided by the department of job and family services~~	6956
~~under Chapter 5111. of the Revised Code~~recipients, or for	6957
policies for beneficiaries of any other federal health care	6958
program regulated by a federal regulatory body, or for policies	6959
for participants of the children's buy-in program, or for policies	6960
for beneficiaries of contracts covering officers or employees of	6961
the state entered into by the department of administrative	6962
services, if both of the following apply:	6963

(1) The solicitation document has been approved by the United	6964
States department of health and human services, the United States	6965
office of personnel management, the department of job and family	6966
services, or the department of administrative services.	6967

(2) The solicitation document is filed with the	6968
superintendent of insurance prior to use and is accompanied by	6969
documentation of approval from the United States department of	6970
health and human services, the United States office of personnel	6971
management, the department of job and family services, or the	6972
department of administrative services.	6973

(E) No health insuring corporation, or its agents or	6974
representatives, shall use monetary or other valuable	6975
consideration, engage in misleading or deceptive practices, or	6976
make untrue, misleading, or deceptive representations to induce	6977
enrollment. Nothing in this division shall prohibit incentive	6978
forms of remuneration such as commission sales programs for the	6979
health insuring corporation's employees and agents.	6980

(F) Any person obligated for any part of a premium rate in	6981
connection with an enrollment agreement, in addition to any right	6982
otherwise available to revoke an offer, may cancel such agreement	6983
within seventy-two hours after having signed the agreement or	6984
offer to enroll. Cancellation occurs when written notice of the	6985
cancellation is given to the health insuring corporation or its	6986
agents or other representatives. A notice of cancellation mailed	6987
to the health insuring corporation shall be considered to have	6988
been filed on its postmark date.	6989

(G) Nothing in this section shall prohibit healthy lifestyle	6990
programs.	6991

Sec. 1751.34. (A) Each health insuring corporation and each	6992
applicant for a certificate of authority under this chapter shall	6993
be subject to examination by the superintendent of insurance in	6994
accordance with section 3901.07 of the Revised Code. Section	6995
3901.07 of the Revised Code shall govern every aspect of the	6996
examination, including the circumstances under and frequency with	6997
which it is conducted, the authority of the superintendent and any	6998
examiner or other person appointed by the superintendent, the	6999
liability for the assessment of expenses incurred in conducting	7000
the examination, and the remittance of the assessment to the	7001
superintendent's examination fund.	7002

(B) The director of health shall make an examination	7003
concerning the matters subject to the director's consideration in	7004
section 1751.04 of the Revised Code as often as the director	7005
considers it necessary for the protection of the interests of the	7006
people of this state, but not less frequently than once every	7007
three years. The expenses of such examinations shall be assessed	7008
against the health insuring corporation being examined in the	7009
manner in which expenses of examinations are assessed against an	7010
insurance company under section 3901.07 of the Revised Code.	7011
Nothing in this division requires the director to make an	7012
examination of aany of the following:	7013

(1) A health insuring corporation that covers solely medicaid	7014
recipients ~~of assistance under the medicaid program operated~~	7015
~~pursuant to Chapter 5111. of the Revised Code, a~~;	7016

(2) A health insuring corporation that covers solely	7017
~~recipients of assistance under the federal medicare program under~~	7018
~~Title XVIII of the "Social Security Act," 49 Stat. 62 (1935), 42~~	7019
~~U.S.C. 301, as amended, or a~~medicare beneficiaries;	7020

(3) A health insuring corporation that covers solely	7021
~~recipients of assistance under both the~~ medicaid recipients and	7022
medicare ~~programs~~beneficiaries;	7023

(4) A health insuring corporation that covers solely	7024
participants of the children's buy-in program;	7025

(5) A health insuring corporation that covers solely medicaid	7026
recipients and participants of the children's buy-in program;	7027

(6) A health insuring corporation that covers solely medicaid	7028
recipients, medicare beneficiaries, and participants of the	7029
children's buy-in program.	7030

(C) An examination, pursuant to section 3901.07 of the	7031
Revised Code, of an insurance company holding a certificate of	7032
authority under this chapter to organize and operate a health	7033
insuring corporation shall include an examination of the health	7034
insuring corporation pursuant to this section and the examination	7035
shall satisfy the requirements of divisions (A) and (B) of this	7036
section.	7037

(D) The superintendent may conduct market conduct	7038
examinations pursuant to section 3901.011 of the Revised Code of	7039
any health insuring corporation as often as the superintendent	7040
considers it necessary for the protection of the interests of	7041
subscribers and enrollees. The expenses of such market conduct	7042
examinations shall be assessed against the health insuring	7043
corporation being examined. All costs, assessments, or fines	7044
collected under this division shall be paid into the state	7045
treasury to the credit of the department of insurance operating	7046
fund.	7047

Sec. 1751.53. (A) As used in this section:

7048

(1) "Group contract" means a group health insuring	7049
corporation contract covering employees that meets either of the	7050
following conditions:	7051

(a) The contract was issued by an entity that, on ~~the~~	7052
~~effective date of this section~~June 4, 1997, holds a certificate	7053
of authority or license to operate under Chapter 1738. or 1742. of	7054
the Revised Code, and covers an employee at the time the	7055
employee's employment is terminated.	7056

(b) The contract is delivered, issued for delivery, or	7057
renewed in this state after ~~the effective date of this section~~	7058
June 4, 1997, and covers an employee at the time the employee's	7059
employment is terminated.	7060

(2) "Eligible employee" means an employee to whom all of the	7061
following apply:	7062

(a) The employee has been continuously covered under a group	7063
contract or under the contract and any prior similar group	7064
coverage replaced by the contract, during the entire three-month	7065
period preceding the termination of the employee's employment.	7066

(b) The employee is entitled, at the time of the termination	7067
of this employment, to unemployment compensation benefits under	7068
Chapter 4141. of the Revised Code.	7069

(c) The employee is not, and does not become, covered by or	7070
eligible for coverage by medicare ~~under Title XVIII of the "Social~~	7071
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~.	7072

(d) The employee is not, and does not become, covered by or	7073
eligible for coverage by any other insured or uninsured	7074
arrangement that provides hospital, surgical, or medical coverage	7075
for individuals in a group and under which the employee was not	7076
covered immediately prior to the termination of employment. A	7077
person eligible for continuation of coverage under this section,	7078
who is also eligible for coverage under section 3923.123 of the	7079
Revised Code, may elect either coverage, but not both. A person	7080
who elects continuation of coverage may elect any coverage	7081
available under section 3923.123 of the Revised Code upon the	7082
termination of the continuation of coverage.	7083

(B) A group contract shall provide that any eligible employee	7084
may continue the coverage under the contract, for the employee and	7085
the employee's eligible dependents, for a period of six months	7086
after the date that the group coverage would otherwise terminate	7087
by reason of the termination of the employee's employment. Each	7088
certificate of coverage issued to employees under the contract	7089
shall include a notice of the employee's privilege of	7090
continuation.	7091

(C) All of the following apply to the continuation of group	7092
coverage required under division (B) of this section:	7093

(1) Continuation need not include any supplemental health	7094
care services benefits or specialty health care services benefits	7095
provided by the group contract.	7096

(2) The employer shall notify the employee of the right of	7097
continuation at the time the employer notifies the employee of the	7098
termination of employment. The notice shall inform the employee of	7099
the amount of contribution required by the employer under division	7100
(C)(4) of this section.	7101

(3) The employee shall file a written election of	7102
continuation with the employer and pay the employer the first	7103
contribution required under division (C)(4) of this section. The	7104
request and payment must be received by the employer no later than	7105
the earlier of any of the following dates:	7106

(a) Thirty-one days after the date on which the employee's	7107
coverage would otherwise terminate;	7108

(b) Ten days after the date on which the employee's coverage	7109
would otherwise terminate, if the employer has notified the	7110
employee of the right of continuation prior to this date;	7111

(c) Ten days after the employer notifies the employee of the	7112
right of continuation, if the notice is given after the date on	7113
which the employee's coverage would otherwise terminate.	7114

(4) The employee must pay to the employer, on a monthly	7115
basis, in advance, the amount of contribution required by the	7116
employer. The amount required shall not exceed the group rate for	7117
the insurance being continued under the policy on the due date of	7118
each payment.	7119

(5) The employee's privilege to continue coverage and the	7120
coverage under any continuation ceases if any of the following	7121
occurs:	7122

(a) The employee ceases to be an eligible employee under	7123
division (A)(2)(c) or (d) of this section;	7124

(b) A period of six months expires after the date that the	7125
employee's coverage under the group contract would otherwise have	7126
terminated because of the termination of employment;	7127

(c) The employee fails to make a timely payment of a required	7128
contribution, in which event the coverage shall cease at the end	7129
of the coverage for which contributions were made;	7130

(d) The group contract is terminated, or the employer	7131
terminates participation under the contract, unless the employer	7132
replaces the coverage by similar coverage under another contract	7133
or other group health arrangement. If the employer replaces the	7134
contract with similar group health coverage, all of the following	7135
apply:	7136

(i) The member shall be covered under the replacement	7137
coverage, for the balance of the period that the member would have	7138
remained covered under the terminated coverage if it had not been	7139
terminated.	7140

(ii) The minimum level of benefits under the replacement	7141
coverage shall be the applicable level of benefits of the contract	7142
replaced reduced by any benefits payable under the contract	7143
replaced.	7144

(iii) The contract replaced shall continue to provide	7145
benefits to the extent of its accrued liabilities and extensions	7146
of benefits as if the replacement had not occurred.	7147

(D) This section does not apply to any group contract	7148
offering only supplemental health care services or specialty	7149
health care services.	7150

Sec. 1751.60. (A) Except as provided for in divisions (E)	7151
and (F) of this section, every provider or health care facility	7152
that contracts with a health insuring corporation to provide	7153
health care services to the health insuring corporation's	7154
enrollees or subscribers shall seek compensation for covered	7155
services solely from the health insuring corporation and not,	7156
under any circumstances, from the enrollees or subscribers, except	7157
for approved copayments and deductibles.	7158

(B) No subscriber or enrollee of a health insuring	7159
corporation is liable to any contracting provider or health care	7160
facility for the cost of any covered health care services, if the	7161
subscriber or enrollee has acted in accordance with the evidence	7162
of coverage.	7163

(C) Except as provided for in divisions (E) and (F) of this	7164
section, every contract between a health insuring corporation and	7165
provider or health care facility shall contain a provision	7166
approved by the superintendent of insurance requiring the provider	7167
or health care facility to seek compensation solely from the	7168
health insuring corporation and not, under any circumstances, from	7169
the subscriber or enrollee, except for approved copayments and	7170
deductibles.	7171

(D) Nothing in this section shall be construed as preventing	7172
a provider or health care facility from billing the enrollee or	7173
subscriber of a health insuring corporation for noncovered	7174
services.	7175

(E) Upon application by a health insuring corporation and a	7176
provider or health care facility, the superintendent may waive the	7177
requirements of divisions (A) and (C) of this section when, in	7178
addition to the reserve requirements contained in section 1751.28	7179
of the Revised Code, the health insuring corporation provides	7180
sufficient assurances to the superintendent that the provider or	7181
health care facility has been provided with financial guarantees.	7182
No waiver of the requirements of divisions (A) and (C) of this	7183
section is effective as to enrollees or subscribers for whom the	7184
health insuring corporation is compensated under a provider	7185
agreement or risk contract entered into pursuant to Chapter 5111.	7186
or 5115. of the Revised Code or under the children's buy-in	7187
program.	7188

(F) The requirements of divisions (A) to (C) of this section	7189
apply only to health care services provided to an enrollee or	7190
subscriber prior to the effective date of a termination of a	7191
contract between the health insuring corporation and the provider	7192
or health care facility.	7193

Sec. 1751.89. Sections 1751.77 to 1751.85 of the Revised	7194
Code do not apply to either of the following:	7195

(A) Coverage provided to beneficiaries enrolled in the	7196
medicare~~...~~+choice program operated under Title XVIII of the	7197
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	7198
amended;	7199

(B) Coverage provided to medicaid recipients ~~of assistance~~	7200
~~under the medicaid program operated pursuant to Chapter 5111. of~~	7201
~~the Revised Code~~;	7202

(C) Coverage provided to participants of the children's	7203
buy-in program.	7204

Sec. 2743.49. (A)(1) In January of each odd-numbered year,	7205
the auditor of state, in accordance with this division and	7206
division (A)(2) of this section, shall adjust the actual dollar	7207
figure specified in division (E)(2)(b) of section 2743.48 of the	7208
Revised Code or the actual dollar amount determined pursuant to	7209
this section. The adjustment shall be based on the yearly average	7210
of the previous two years of the consumer price index for all	7211
urban consumers or its successive equivalent, as determined by the	7212
United States department of labor, bureau of labor statistics, or	7213
its successor in responsibility, for all items, Series A. ~~The~~	7214
~~auditor of state shall calculate the adjustment in the following~~	7215
~~manner:~~	7216

~~(a) First, using the yearly average for the immediately~~	7217
~~preceding odd-numbered year as the base year, the auditor of state~~	7218
~~shall compare the most current average consumer price index with~~	7219
~~that determined in the even-numbered year immediately preceding~~	7220
~~that odd-numbered year and shall determine the percentage increase~~	7221
~~or decrease. The auditor of state shall multiply the percentage~~	7222
~~increase or decrease by the actual dollar figure specified in~~	7223
~~division (E)(2)(b) of section 2743.48 of the Revised Code or the~~	7224
~~actual dollar figure determined for the previous odd-numbered year~~	7225
~~under this section and shall add the product to or subtract the~~	7226
~~product from its corresponding actual dollar figure, as~~	7227
~~applicable, for the previous odd-numbered year.~~	7228

~~(b) Second, using~~Using the yearly average for the	7229
immediately preceding even-numbered year as the base year, the	7230
auditor of state shall compare the most current average consumer	7231
price index with that determined in the preceding odd-numbered	7232
year ~~immediately preceding that even-numbered year~~ and shall	7233
determine the percentage increase or decrease. The auditor of	7234
state shall multiply the percentage increase or decrease by the	7235
actual dollar figure specified in division (E)(2)(b) of section	7236
2743.48 of the Revised Code or the actual dollar figure determined	7237
under ~~division (A)(1)(a) of~~ this section for the previous	7238
~~even-numbered~~odd-numbered year and shall add the product to or	7239
subtract the product from its corresponding actual dollar figure,	7240
as applicable, for the previous odd-numbered year. ~~The resulting~~	7241
~~figure is the adjusted dollar amount determined under this section~~	7242
~~for purposes of this section and section 2743.48 of the Revised~~	7243
~~Code.~~	7244

(2) The auditor of state shall calculate the adjustment under	7245
division (A)(1) of this section on or before the thirty-first day	7246
of January of each odd-numbered year. The auditor of state shall	7247
base the adjustment on the most current consumer price index that	7248
is described in division (A)(1) of this section and that is in	7249
effect as of the first day of January of each odd-numbered year.	7250

(B)(1) The auditor of state shall certify the calculations	7251
made under division (A) of this section on or before the	7252
thirty-first day of January of each odd-numbered year.	7253

(2) On or before the fifteenth day of February of each	7254
odd-numbered year, the auditor of state shall prepare a report	7255
setting forth the amount that a wrongfully imprisoned individual	7256
is entitled to for each full year of imprisonment in the state	7257
correctional institution for the offense of which the wrongfully	7258
imprisoned individual was found guilty as provided in division	7259
(E)(2)(b) of section ~~2743.49~~2743.48 of the Revised Code and as	7260
calculated in accordance with this section. The report and all	7261
documents relating to the calculations contained in the report are	7262
public records. The report shall contain an indication of the	7263
period in which the calculated amount applies, a summary of how	7264
the amount was calculated, and a statement that the report and all	7265
related documents are available for inspection and copying at the	7266
office of the auditor of state.	7267

(3) On or before the fifteenth day of February of each	7268
odd-numbered year, the auditor of state shall transmit the report	7269
to the general assembly and to the court of claims.	7270

Sec. 2744.05. Notwithstanding any other provisions of the	7271
Revised Code or rules of a court to the contrary, in an action	7272
against a political subdivision to recover damages for injury,	7273
death, or loss to person or property caused by an act or omission	7274
in connection with a governmental or proprietary function:	7275

(A) Punitive or exemplary damages shall not be awarded.

7276

(B)(1) If a claimant receives or is entitled to receive	7277
benefits for injuries or loss allegedly incurred from a policy or	7278
policies of insurance or any other source, the benefits shall be	7279
disclosed to the court, and the amount of the benefits shall be	7280
deducted from any award against a political subdivision recovered	7281
by that claimant. No insurer or other person is entitled to bring	7282
an action under a subrogation provision in an insurance or other	7283
contract against a political subdivision with respect to those	7284
benefits.	7285

The amount of the benefits shall be deducted from an award	7286
against a political subdivision under division (B)(1) of this	7287
section regardless of whether the claimant may be under an	7288
obligation to pay back the benefits upon recovery, in whole or in	7289
part, for the claim. A claimant whose benefits have been deducted	7290
from an award under division (B)(1) of this section is not	7291
considered fully compensated and shall not be required to	7292
reimburse a subrogated claim for benefits deducted from an award	7293
pursuant to division (B)(1) of this section.	7294

(2) Nothing in division (B)(1) of this section shall be	7295
construed to do either of the following:	7296

(a) Limit the rights of a beneficiary under a life insurance	7297
policy or the rights of sureties under fidelity or surety bonds;	7298

(b) Prohibit the department of job and family services from	7299
recovering from the political subdivision, pursuant to section	7300
5101.58 of the Revised Code, the cost of medical assistance	7301
benefits provided under sections 5101.5211 to 5101.5216 or Chapter	7302
5107., 5111., or 5115. of the Revised Code.	7303

(C)(1) There shall not be any limitation on compensatory	7304
damages that represent the actual loss of the person who is	7305
awarded the damages. However, except in wrongful death actions	7306
brought pursuant to Chapter 2125. of the Revised Code, damages	7307
that arise from the same cause of action, transaction or	7308
occurrence, or series of transactions or occurrences and that do	7309
not represent the actual loss of the person who is awarded the	7310
damages shall not exceed two hundred fifty thousand dollars in	7311
favor of any one person. The limitation on damages that do not	7312
represent the actual loss of the person who is awarded the damages	7313
provided in this division does not apply to court costs that are	7314
awarded to a plaintiff, or to interest on a judgment rendered in	7315
favor of a plaintiff, in an action against a political	7316
subdivision.	7317

(2) As used in this division, "the actual loss of the person	7318
who is awarded the damages" includes all of the following:	7319

(a) All wages, salaries, or other compensation lost by the	7320
person injured as a result of the injury, including wages,	7321
salaries, or other compensation lost as of the date of a judgment	7322
and future expected lost earnings of the person injured;	7323

(b) All expenditures of the person injured or another person	7324
on behalf of the person injured for medical care or treatment, for	7325
rehabilitation services, or for other care, treatment, services,	7326
products, or accommodations that were necessary because of the	7327
injury;	7328

(c) All expenditures to be incurred in the future, as	7329
determined by the court, by the person injured or another person	7330
on behalf of the person injured for medical care or treatment, for	7331
rehabilitation services, or for other care, treatment, services,	7332
products, or accommodations that will be necessary because of the	7333
injury;	7334

(d) All expenditures of a person whose property was injured	7335
or destroyed or of another person on behalf of the person whose	7336
property was injured or destroyed in order to repair or replace	7337
the property that was injured or destroyed;	7338

(e) All expenditures of the person injured or of the person	7339
whose property was injured or destroyed or of another person on	7340
behalf of the person injured or of the person whose property was	7341
injured or destroyed in relation to the actual preparation or	7342
presentation of the claim involved;	7343

(f) Any other expenditures of the person injured or of the	7344
person whose property was injured or destroyed or of another	7345
person on behalf of the person injured or of the person whose	7346
property was injured or destroyed that the court determines	7347
represent an actual loss experienced because of the personal or	7348
property injury or property loss.	7349

"The actual loss of the person who is awarded the damages"	7350
does not include any fees paid or owed to an attorney for any	7351
services rendered in relation to a personal or property injury or	7352
property loss, and does not include any damages awarded for pain	7353
and suffering, for the loss of society, consortium, companionship,	7354
care, assistance, attention, protection, advice, guidance,	7355
counsel, instruction, training, or education of the person	7356
injured, for mental anguish, or for any other intangible loss.	7357

Sec. 2903.213. (A) Except when the complaint involves a	7358
person who is a family or household member as defined in section	7359
2919.25 of the Revised Code, upon the filing of a complaint that	7360
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	7361
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	7362
a municipal ordinance substantially similar to section 2903.13,	7363
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	7364
the commission of a sexually oriented offense, the complainant,	7365
the alleged victim, or a family or household member of an alleged	7366
victim may file a motion that requests the issuance of a	7367
protection order as a pretrial condition of release of the alleged	7368
offender, in addition to any bail set under Criminal Rule 46. The	7369
motion shall be filed with the clerk of the court that has	7370
jurisdiction of the case at any time after the filing of the	7371
complaint. If the complaint involves a person who is a family or	7372
household member, the complainant, the alleged victim, or the	7373
family or household member may file a motion for a temporary	7374
protection order pursuant to section 2919.26 of the Revised Code.	7375

(B) A motion for a protection order under this section shall	7376
be prepared on a form that is provided by the clerk of the court,	7377
and the form shall be substantially as follows:	7378

"Motion for Protection Order	7379

............................	7380

Name and address of court	7381

State of Ohio	7382

No. ..........

7383

.............................	7384

Name of Defendant	7385

(Name of person), moves the court to issue a protection order	7386
containing terms designed to ensure the safety and protection of	7387
the complainant or the alleged victim in the above-captioned case,	7388
in relation to the named defendant, pursuant to its authority to	7389
issue a protection order under section 2903.213 of the Revised	7390
Code.	7391

A complaint, a copy of which has been attached to this	7392
motion, has been filed in this court charging the named defendant	7393
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	7394
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	7395
a municipal ordinance substantially similar to section 2903.13,	7396
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	7397
the commission of a sexually oriented offense.	7398

I understand that I must appear before the court, at a time	7399
set by the court not later than the next day that the court is in	7400
session after the filing of this motion, for a hearing on the	7401
motion, and that any protection order granted pursuant to this	7402
motion is a pretrial condition of release and is effective only	7403
until the disposition of the criminal proceeding arising out of	7404
the attached complaint or until the issuance under section	7405
2903.214 of the Revised Code of a protection order arising out of	7406
the same activities as those that were the basis of the attached	7407
complaint.	7408

.....................................	7409

Signature of person	7410

.....................................	7411

Address of person"	7412

(C)(1) As soon as possible after the filing of a motion that	7413
requests the issuance of a protection order under this section,	7414
but not later than the next day that the court is in session after	7415
the filing of the motion, the court shall conduct a hearing to	7416
determine whether to issue the order. The person who requested the	7417
order shall appear before the court and provide the court with the	7418
information that it requests concerning the basis of the motion.	7419
If the court finds that the safety and protection of the	7420
complainant or the alleged victim may be impaired by the continued	7421
presence of the alleged offender, the court may issue a protection	7422
order under this section, as a pretrial condition of release, that	7423
contains terms designed to ensure the safety and protection of the	7424
complainant or the alleged victim, including a requirement that	7425
the alleged offender refrain from entering the residence, school,	7426
business, or place of employment of the complainant or the alleged	7427
victim.	7428

(2)(a) If the court issues a protection order under this	7429
section that includes a requirement that the alleged offender	7430
refrain from entering the residence, school, business, or place of	7431
employment of the complainant or the alleged victim, the order	7432
shall clearly state that the order cannot be waived or nullified	7433
by an invitation to the alleged offender from the complainant, the	7434
alleged victim, or a family or household member to enter the	7435
residence, school, business, or place of employment or by the	7436
alleged offender's entry into one of those places otherwise upon	7437
the consent of the complainant, the alleged victim, or a family or	7438
household member.	7439

(b) Division (C)(2)(a) of this section does not limit any	7440
discretion of a court to determine that an alleged offender	7441
charged with a violation of section 2919.27 of the Revised Code,	7442
with a violation of a municipal ordinance substantially equivalent	7443
to that section, or with contempt of court, which charge is based	7444
on an alleged violation of a protection order issued under this	7445
section, did not commit the violation or was not in contempt of	7446
court.	7447

(D)(1) Except when the complaint involves a person who is a	7448
family or household member as defined in section 2919.25 of the	7449
Revised Code, upon the filing of a complaint that alleges a	7450
violation specified in division (A) of this section, the court,	7451
upon its own motion, may issue a protection order under this	7452
section as a pretrial condition of release of the alleged offender	7453
if it finds that the safety and protection of the complainant or	7454
the alleged victim may be impaired by the continued presence of	7455
the alleged offender.	7456

(2) If the court issues a protection order under this section	7457
as an ex parte order, it shall conduct, as soon as possible after	7458
the issuance of the order but not later than the next day that the	7459
court is in session after its issuance, a hearing to determine	7460
whether the order should remain in effect, be modified, or be	7461
revoked. The hearing shall be conducted under the standards set	7462
forth in division (C) of this section.	7463

(3) If a municipal court or a county court issues a	7464
protection order under this section and if, subsequent to the	7465
issuance of the order, the alleged offender who is the subject of	7466
the order is bound over to the court of common pleas for	7467
prosecution of a felony arising out of the same activities as	7468
those that were the basis of the complaint upon which the order is	7469
based, notwithstanding the fact that the order was issued by a	7470
municipal court or county court, the order shall remain in effect,	7471
as though it were an order of the court of common pleas, while the	7472
charges against the alleged offender are pending in the court of	7473
common pleas, for the period of time described in division (E)(2)	7474
of this section, and the court of common pleas has exclusive	7475
jurisdiction to modify the order issued by the municipal court or	7476
county court. This division applies when the alleged offender is	7477
bound over to the court of common pleas as a result of the person	7478
waiving a preliminary hearing on the felony charge, as a result of	7479
the municipal court or county court having determined at a	7480
preliminary hearing that there is probable cause to believe that	7481
the felony has been committed and that the alleged offender	7482
committed it, as a result of the alleged offender having been	7483
indicted for the felony, or in any other manner.	7484

(E) A protection order that is issued as a pretrial condition	7485
of release under this section:	7486

(1) Is in addition to, but shall not be construed as a part	7487
of, any bail set under Criminal Rule 46;	7488

(2) Is effective only until the disposition, by the court	7489
that issued the order or, in the circumstances described in	7490
division (D)(3) of this section, by the court of common pleas to	7491
which the alleged offender is bound over for prosecution, of the	7492
criminal proceeding arising out of the complaint upon which the	7493
order is based or until the issuance under section 2903.214 of the	7494
Revised Code of a protection order arising out of the same	7495
activities as those that were the basis of the complaint filed	7496
under this section;	7497

(3) Shall not be construed as a finding that the alleged	7498
offender committed the alleged offense and shall not be introduced	7499
as evidence of the commission of the offense at the trial of the	7500
alleged offender on the complaint upon which the order is based.	7501

(F) A person who meets the criteria for bail under Criminal	7502
Rule 46 and who, if required to do so pursuant to that rule,	7503
executes or posts bond or deposits cash or securities as bail,	7504
shall not be held in custody pending a hearing before the court on	7505
a motion requesting a protection order under this section.	7506

(G)(1) A copy of a protection order that is issued under this	7507
section shall be issued by the court to the complainant, to the	7508
alleged victim, to the person who requested the order, to the	7509
defendant, and to all law enforcement agencies that have	7510
jurisdiction to enforce the order. The court shall direct that a	7511
copy of the order be delivered to the defendant on the same day	7512
that the order is entered. If a municipal court or a county court	7513
issues a protection order under this section and if, subsequent to	7514
the issuance of the order, the defendant who is the subject of the	7515
order is bound over to the court of common pleas for prosecution	7516
as described in division (D)(3) of this section, the municipal	7517
court or county court shall direct that a copy of the order be	7518
delivered to the court of common pleas to which the defendant is	7519
bound over.	7520

(2) Upon the issuance of a protection order under this	7521
section, the court shall provide the parties to the order with the	7522
following notice orally or by form:	7523

"NOTICE	7524

If you are convicted of a misdemeanor crime involving	7525
violence in which you are or were a spouse, intimate partner,	7526
parent, or guardian of the victim or are or were involved in	7527
another, similar relationship with the victim, it may be unlawful	7528
for you to possess or purchase a firearm, including a rifle,	7529
pistol, or revolver, or ammunition pursuant to federal law under	7530
18 U.S.C. 922(g)(9). If you have any questions whether this law	7531
makes it illegal for you to possess or purchase a firearm or	7532
ammunition, you should consult an attorney."	7533

(3) All law enforcement agencies shall establish and maintain	7534
an index for the protection orders delivered to the agencies	7535
pursuant to division (G)(1) of this section. With respect to each	7536
order delivered, each agency shall note on the index the date and	7537
time of the agency's receipt of the order.	7538

~~(3)~~(4) Regardless of whether the petitioner has registered	7539
the protection order in the county in which the officer's agency	7540
has jurisdiction, any officer of a law enforcement agency shall	7541
enforce a protection order issued pursuant to this section in	7542
accordance with the provisions of the order.	7543

(H) Upon a violation of a protection order issued pursuant to	7544
this section, the court may issue another protection order under	7545
this section, as a pretrial condition of release, that modifies	7546
the terms of the order that was violated.	7547

(I) Notwithstanding any provision of law to the contrary and	7548
regardless of whether a protection order is issued or a consent	7549
agreement is approved by a court of another county or by a court	7550
of another state, no court or unit of state or local government	7551
shall charge any fee, cost, deposit, or money in connection with	7552
the filing of a motion pursuant to this section, in connection	7553
with the filing, issuance, registration, or service of a	7554
protection order or consent agreement, or for obtaining certified	7555
copies of a protection order or consent agreement.	7556

(J) As used in this section, "sexually oriented offense" has	7557
the same meaning as in section 2950.01 of the Revised Code.	7558

Sec. 2903.214. (A) As used in this section:

7559

(1) "Court" means the court of common pleas of the county in	7560
which the person to be protected by the protection order resides.	7561

(2) "Victim advocate" means a person who provides support and	7562
assistance for a person who files a petition under this section.	7563

(3) "Family or household member" has the same meaning as in	7564
section 3113.31 of the Revised Code.	7565

(4) "Protection order issued by a court of another state" has	7566
the same meaning as in section 2919.27 of the Revised Code.	7567

(5) "Sexually oriented offense" has the same meaning as in	7568
section 2950.01 of the Revised Code.	7569

(B) The court has jurisdiction over all proceedings under	7570
this section.	7571

(C) A person may seek relief under this section for the	7572
person, or any parent or adult household member may seek relief	7573
under this section on behalf of any other family or household	7574
member, by filing a petition with the court. The petition shall	7575
contain or state both of the following:	7576

(1) An allegation that the respondent engaged in a violation	7577
of section 2903.211 of the Revised Code against the person to be	7578
protected by the protection order or committed a sexually oriented	7579
offense against the person to be protected by the protection	7580
order, including a description of the nature and extent of the	7581
violation;	7582

(2) A request for relief under this section.

7583

(D)(1) If a person who files a petition pursuant to this	7584
section requests an ex parte order, the court shall hold an ex	7585
parte hearing as soon as possible after the petition is filed, but	7586
not later than the next day that the court is in session after the	7587
petition is filed. The court, for good cause shown at the ex	7588
parte hearing, may enter any temporary orders, with or without	7589
bond, that the court finds necessary for the safety and protection	7590
of the person to be protected by the order. Immediate and present	7591
danger to the person to be protected by the protection order	7592
constitutes good cause for purposes of this section. Immediate and	7593
present danger includes, but is not limited to, situations in	7594
which the respondent has threatened the person to be protected by	7595
the protection order with bodily harm or in which the respondent	7596
previously has been convicted of or pleaded guilty to a violation	7597
of section 2903.211 of the Revised Code or a sexually oriented	7598
offense against the person to be protected by the protection	7599
order.	7600

(2)(a) If the court, after an ex parte hearing, issues a	7601
protection order described in division (E) of this section, the	7602
court shall schedule a full hearing for a date that is within ten	7603
court days after the ex parte hearing. The court shall give the	7604
respondent notice of, and an opportunity to be heard at, the full	7605
hearing. The court shall hold the full hearing on the date	7606
scheduled under this division unless the court grants a	7607
continuance of the hearing in accordance with this division. Under	7608
any of the following circumstances or for any of the following	7609
reasons, the court may grant a continuance of the full hearing to	7610
a reasonable time determined by the court:	7611

(i) Prior to the date scheduled for the full hearing under	7612
this division, the respondent has not been served with the	7613
petition filed pursuant to this section and notice of the full	7614
hearing.	7615

(ii) The parties consent to the continuance.

7616

(iii) The continuance is needed to allow a party to obtain	7617
counsel.	7618

(iv) The continuance is needed for other good cause.

7619

(b) An ex parte order issued under this section does not	7620
expire because of a failure to serve notice of the full hearing	7621
upon the respondent before the date set for the full hearing under	7622
division (D)(2)(a) of this section or because the court grants a	7623
continuance under that division.	7624

(3) If a person who files a petition pursuant to this section	7625
does not request an ex parte order, or if a person requests an ex	7626
parte order but the court does not issue an ex parte order after	7627
an ex parte hearing, the court shall proceed as in a normal civil	7628
action and grant a full hearing on the matter.	7629

(E)(1) After an ex parte or full hearing, the court may issue	7630
any protection order, with or without bond, that contains terms	7631
designed to ensure the safety and protection of the person to be	7632
protected by the protection order, including, but not limited to,	7633
a requirement that the respondent refrain from entering the	7634
residence, school, business, or place of employment of the	7635
petitioner or family or household member. If the court includes a	7636
requirement that the respondent refrain from entering the	7637
residence, school, business, or place of employment of the	7638
petitioner or family or household member in the order, it also	7639
shall include in the order provisions of the type described in	7640
division (E)(5) of this section.	7641

(2)(a) Any protection order issued pursuant to this section	7642
shall be valid until a date certain but not later than five years	7643
from the date of its issuance.	7644

(b) Any protection order issued pursuant to this section may	7645
be renewed in the same manner as the original order was issued.	7646

(3) A court may not issue a protection order that requires a	7647
petitioner to do or to refrain from doing an act that the court	7648
may require a respondent to do or to refrain from doing under	7649
division (E)(1) of this section unless all of the following apply:	7650

(a) The respondent files a separate petition for a protection	7651
order in accordance with this section.	7652

(b) The petitioner is served with notice of the respondent's	7653
petition at least forty-eight hours before the court holds a	7654
hearing with respect to the respondent's petition, or the	7655
petitioner waives the right to receive this notice.	7656

(c) If the petitioner has requested an ex parte order	7657
pursuant to division (D) of this section, the court does not delay	7658
any hearing required by that division beyond the time specified in	7659
that division in order to consolidate the hearing with a hearing	7660
on the petition filed by the respondent.	7661

(d) After a full hearing at which the respondent presents	7662
evidence in support of the request for a protection order and the	7663
petitioner is afforded an opportunity to defend against that	7664
evidence, the court determines that the petitioner has committed a	7665
violation of section 2903.211 of the Revised Code against the	7666
person to be protected by the protection order issued pursuant to	7667
this section, has committed a sexually oriented offense against	7668
the person to be protected by the protection order, or has	7669
violated a protection order issued pursuant to section 2903.213 of	7670
the Revised Code relative to the person to be protected by the	7671
protection order issued pursuant to this section.	7672

(4) No protection order issued pursuant to this section shall	7673
in any manner affect title to any real property.	7674

(5)(a) If the court issues a protection order under this	7675
section that includes a requirement that the alleged offender	7676
refrain from entering the residence, school, business, or place of	7677
employment of the petitioner or a family or household member, the	7678
order shall clearly state that the order cannot be waived or	7679
nullified by an invitation to the alleged offender from the	7680
complainant to enter the residence, school, business, or place of	7681
employment or by the alleged offender's entry into one of those	7682
places otherwise upon the consent of the petitioner or family or	7683
household member.	7684

(b) Division (E)(5)(a) of this section does not limit any	7685
discretion of a court to determine that an alleged offender	7686
charged with a violation of section 2919.27 of the Revised Code,	7687
with a violation of a municipal ordinance substantially equivalent	7688
to that section, or with contempt of court, which charge is based	7689
on an alleged violation of a protection order issued under this	7690
section, did not commit the violation or was not in contempt of	7691
court.	7692

(F)(1) The court shall cause the delivery of a copy of any	7693
protection order that is issued under this section to the	7694
petitioner, to the respondent, and to all law enforcement agencies	7695
that have jurisdiction to enforce the order. The court shall	7696
direct that a copy of the order be delivered to the respondent on	7697
the same day that the order is entered.	7698

(2) Upon the issuance of a protection order under this	7699
section, the court shall provide the parties to the order with the	7700
following notice orally or by form:	7701

"NOTICE	7702

As a result of this order, it may be unlawful for you to	7703
possess or purchase a firearm, including a rifle, pistol, or	7704
revolver, or ammunition pursuant to federal law under 18 U.S.C.	7705
922(g)(8). If you have any questions whether this law makes it	7706
illegal for you to possess or purchase a firearm or ammunition,	7707
you should consult an attorney."	7708

(3) All law enforcement agencies shall establish and maintain	7709
an index for the protection orders delivered to the agencies	7710
pursuant to division (F)(1) of this section. With respect to each	7711
order delivered, each agency shall note on the index the date and	7712
time that it received the order.	7713

~~(3)~~(4) Regardless of whether the petitioner has registered	7714
the protection order in the county in which the officer's agency	7715
has jurisdiction pursuant to division (M) of this section, any	7716
officer of a law enforcement agency shall enforce a protection	7717
order issued pursuant to this section by any court in this state	7718
in accordance with the provisions of the order, including removing	7719
the respondent from the premises, if appropriate.	7720

(G) Any proceeding under this section shall be conducted in	7721
accordance with the Rules of Civil Procedure, except that a	7722
protection order may be obtained under this section with or	7723
without bond. An order issued under this section, other than an	7724
ex parte order, that grants a protection order, or that refuses to	7725
grant a protection order, is a final, appealable order. The	7726
remedies and procedures provided in this section are in addition	7727
to, and not in lieu of, any other available civil or criminal	7728
remedies.	7729

(H) The filing of proceedings under this section does not	7730
excuse a person from filing any report or giving any notice	7731
required by section 2151.421 of the Revised Code or by any other	7732
law.	7733

(I) Any law enforcement agency that investigates an alleged	7734
violation of section 2903.211 of the Revised Code or an alleged	7735
commission of a sexually oriented offense shall provide	7736
information to the victim and the family or household members of	7737
the victim regarding the relief available under this section and	7738
section 2903.213 of the Revised Code.	7739

(J) Notwithstanding any provision of law to the contrary and	7740
regardless of whether a protection order is issued or a consent	7741
agreement is approved by a court of another county or by a court	7742
of another state, no court or unit of state or local government	7743
shall charge any fee, cost, deposit, or money in connection with	7744
the filing of a petition pursuant to this section, in connection	7745
with the filing, issuance, registration, or service of a	7746
protection order or consent agreement, or for obtaining a	7747
certified copy of a protection order or consent agreement.	7748

(K)(1) A person who violates a protection order issued under	7749
this section is subject to the following sanctions:	7750

(a) Criminal prosecution for a violation of section 2919.27	7751
of the Revised Code, if the violation of the protection order	7752
constitutes a violation of that section;	7753

(b) Punishment for contempt of court.

7754

(2) The punishment of a person for contempt of court for	7755
violation of a protection order issued under this section does not	7756
bar criminal prosecution of the person for a violation of section	7757
2919.27 of the Revised Code. However, a person punished for	7758
contempt of court is entitled to credit for the punishment imposed	7759
upon conviction of a violation of that section, and a person	7760
convicted of a violation of that section shall not subsequently be	7761
punished for contempt of court arising out of the same activity.	7762

(L) In all stages of a proceeding under this section, a	7763
petitioner may be accompanied by a victim advocate.	7764

(M)(1) A petitioner who obtains a protection order under this	7765
section or a protection order under section 2903.213 of the	7766
Revised Code may provide notice of the issuance or approval of the	7767
order to the judicial and law enforcement officials in any county	7768
other than the county in which the order is issued by registering	7769
that order in the other county pursuant to division (M)(2) of this	7770
section and filing a copy of the registered order with a law	7771
enforcement agency in the other county in accordance with that	7772
division. A person who obtains a protection order issued by a	7773
court of another state may provide notice of the issuance of the	7774
order to the judicial and law enforcement officials in any county	7775
of this state by registering the order in that county pursuant to	7776
section 2919.272 of the Revised Code and filing a copy of the	7777
registered order with a law enforcement agency in that county.	7778

(2) A petitioner may register a protection order issued	7779
pursuant to this section or section 2903.213 of the Revised Code	7780
in a county other than the county in which the court that issued	7781
the order is located in the following manner:	7782

(a) The petitioner shall obtain a certified copy of the order	7783
from the clerk of the court that issued the order and present that	7784
certified copy to the clerk of the court of common pleas or the	7785
clerk of a municipal court or county court in the county in which	7786
the order is to be registered.	7787

(b) Upon accepting the certified copy of the order for	7788
registration, the clerk of the court of common pleas, municipal	7789
court, or county court shall place an endorsement of registration	7790
on the order and give the petitioner a copy of the order that	7791
bears that proof of registration.	7792

(3) The clerk of each court of common pleas, municipal court,	7793
or county court shall maintain a registry of certified copies of	7794
protection orders that have been issued by courts in other	7795
counties pursuant to this section or section 2903.213 of the	7796
Revised Code and that have been registered with the clerk.	7797

Sec. 2907.10. (A)(1) A peace officer, prosecutor, or other	7798
public official shall not ask or require a victim of an alleged	7799
sex offense to submit to a polygraph examination as a condition	7800
for proceeding with the investigation of the alleged sex offense.	7801

(2) The refusal of the victim of an alleged sex offense to	7802
submit to a polygraph examination shall not prevent the	7803
investigation of the alleged sex offense, the filing of criminal	7804
charges with respect to the alleged sex offense, or the	7805
prosecution of the alleged perpetrator of the alleged sex offense.	7806

(B) As used in this section:

7807

(1) "Peace officer" has the same meaning as in section	7808
2921.51 of the Revised Code.	7809

(2) "Polygraph examination" means any mechanical or	7810
electrical instrument or device of any type used or allegedly used	7811
to examine, test, or question an individual for the purpose of	7812
determining the individual's truthfulness.	7813

(3) "Prosecution" means the prosecution of criminal charges	7814
in a criminal prosecution or the prosecution of a delinquent child	7815
complaint in a delinquency proceeding.	7816

(4) "Prosecutor" has the same meaning as in section 2935.01	7817
of the Revised Code.	7818

(5) "Public official" has the same meaning as in section	7819
117.01 of the Revised Code.	7820

(6) "Sex offense" means a violation of any provision of	7821
sections 2907.02 to 2907.09 of the Revised Code.	7822

Sec. 2915.101. Except as otherwise provided by law, a	7823
charitable organization that conducts instant bingo shall	7824
distribute the net profit from the proceeds of the sale of instant	7825
bingo as follows:	7826

(A)(1) If a veteran's organization, a fraternal organization,	7827
or a sporting organization conducted the instant bingo, the	7828
organization shall distribute the net profit from the proceeds of	7829
the sale of instant bingo, as follows:	7830

(a) For the first ~~seventy-five~~one hundred fifty thousand	7831
dollars, or a greater amount prescribed by the attorney general to	7832
adjust for changes in prices as measured by the consumer price	7833
index as defined in section 325.18 of the Revised Code and other	7834
factors affecting the organization's expenses as defined in	7835
division (LL) of section 2915.01 of the Revised Code, or less of	7836
net profit from the proceeds of the sale of instant bingo	7837
generated in a calendar year:	7838

(i) At least twenty-five per cent shall be distributed to an	7839
organization described in division (Z)(1) of section 2915.01 of	7840
the Revised Code or to a department or agency of the federal	7841
government, the state, or any political subdivision.	7842

(ii) Not more than seventy-five per cent may be deducted and	7843
retained by the organization for reimbursement of or for the	7844
organization's expenses, as defined in division (LL) of section	7845
2915.01 of the Revised Code, in conducting the instant bingo game.	7846

(b) For any net profit from the proceeds of the sale of	7847
instant bingo of more than ~~seventy-five~~one hundred fifty thousand	7848
dollars or an adjusted amount generated in a calendar year:	7849

(i) A minimum of fifty per cent shall be distributed to an	7850
organization described in division (Z)(1) of section 2915.01 of	7851
the Revised Code or to a department or agency of the federal	7852
government, the state, or any political subdivision.	7853

(ii) Five per cent may be distributed for the organization's	7854
own charitable purposes or to a community action agency.	7855

(iii) Forty-five per cent may be deducted and retained by the	7856
organization for reimbursement of or for the organization's	7857
expenses, as defined in division (LL) of section 2915.01 of the	7858
Revised Code, in conducting the instant bingo game.	7859

(2) If a veteran's organization, a fraternal organization, or	7860
a sporting organization does not distribute the full percentages	7861
specified in divisions (A)(1)(a) and (b) of this section for the	7862
purposes specified in those divisions, the organization shall	7863
distribute the balance of the net profit from the proceeds of the	7864
sale of instant bingo not distributed or retained for those	7865
purposes to an organization described in division (Z)(1) of	7866
section 2915.01 of the Revised Code.	7867

(B) If a charitable organization other than a veteran's	7868
organization, a fraternal organization, or a sporting organization	7869
conducted the instant bingo, the organization shall distribute one	7870
hundred per cent of the net profit from the proceeds of the sale	7871
of instant bingo to an organization described in division (Z)(1)	7872
of section 2915.01 of the Revised Code or to a department or	7873
agency of the federal government, the state, or any political	7874
subdivision.	7875

(C) Nothing in this section prohibits a veteran's	7876
organization, a fraternal organization, or a sporting organization	7877
from distributing any net profit from the proceeds of the sale of	7878
instant bingo to an organization that is described in subsection	7879
501(c)(3) of the Internal Revenue Code when the organization that	7880
is described in subsection 501(c)(3) of the Internal Revenue Code	7881
is one that makes donations to other organizations and permits	7882
donors to advise or direct such donations so long as the donations	7883
comply with requirements established in or pursuant to subsection	7884
501(c)(3) of the Internal Revenue Code.	7885

Sec. 2919.26. (A)(1) Upon the filing of a complaint that	7886
alleges a violation of section 2909.06, 2909.07, 2911.12, or	7887
2911.211 of the Revised Code if the alleged victim of the	7888
violation was a family or household member at the time of the	7889
violation, a violation of a municipal ordinance that is	7890
substantially similar to any of those sections if the alleged	7891
victim of the violation was a family or household member at the	7892
time of the violation, any offense of violence if the alleged	7893
victim of the offense was a family or household member at the time	7894
of the commission of the offense, or any sexually oriented offense	7895
if the alleged victim of the offense was a family or household	7896
member at the time of the commission of the offense, the	7897
complainant, the alleged victim, or a family or household member	7898
of an alleged victim may file, or, if in an emergency the alleged	7899
victim is unable to file, a person who made an arrest for the	7900
alleged violation or offense under section 2935.03 of the Revised	7901
Code may file on behalf of the alleged victim, a motion that	7902
requests the issuance of a temporary protection order as a	7903
pretrial condition of release of the alleged offender, in addition	7904
to any bail set under Criminal Rule 46. The motion shall be filed	7905
with the clerk of the court that has jurisdiction of the case at	7906
any time after the filing of the complaint.	7907

(2) For purposes of section 2930.09 of the Revised Code, all	7908
stages of a proceeding arising out of a complaint alleging the	7909
commission of a violation, offense of violence, or sexually	7910
oriented offense described in division (A)(1) of this section,	7911
including all proceedings on a motion for a temporary protection	7912
order, are critical stages of the case, and a victim may be	7913
accompanied by a victim advocate or another person to provide	7914
support to the victim as provided in that section.	7915

(B) The motion shall be prepared on a form that is provided	7916
by the clerk of the court, which form shall be substantially as	7917
follows:	7918

"MOTION FOR TEMPORARY PROTECTION ORDER	7919

.......................... Court	7920

Name and address of court	7921

State of Ohio	7922

No. ..........

7923

.................	7924

Name of Defendant	7925

(name of person), moves the court to issue a temporary protection	7926
order containing terms designed to ensure the safety and	7927
protection of the complainant, alleged victim, and other family or	7928
household members, in relation to the named defendant, pursuant to	7929
its authority to issue such an order under section 2919.26 of the	7930
Revised Code.	7931

A complaint, a copy of which has been attached to this	7932
motion, has been filed in this court charging the named defendant	7933
with .......................... (name of the specified violation,	7934
the offense of violence, or sexually oriented offense charged) in	7935
circumstances in which the victim was a family or household member	7936
in violation of (section of the Revised Code designating the	7937
specified violation, offense of violence, or sexually oriented	7938
offense charged), or charging the named defendant with a violation	7939
of a municipal ordinance that is substantially similar to	7940
........................ (section of the Revised Code designating	7941
the specified violation, offense of violence, or sexually oriented	7942
offense charged) involving a family or household member.	7943

I understand that I must appear before the court, at a time	7944
set by the court within twenty-four hours after the filing of this	7945
motion, for a hearing on the motion or that, if I am unable to	7946
appear because of hospitalization or a medical condition resulting	7947
from the offense alleged in the complaint, a person who can	7948
provide information about my need for a temporary protection order	7949
must appear before the court in lieu of my appearing in court. I	7950
understand that any temporary protection order granted pursuant to	7951
this motion is a pretrial condition of release and is effective	7952
only until the disposition of the criminal proceeding arising out	7953
of the attached complaint, or the issuance of a civil protection	7954
order or the approval of a consent agreement, arising out of the	7955
same activities as those that were the basis of the complaint,	7956
under section 3113.31 of the Revised Code.	7957

..........................................	7958

Signature of person	7959

(or signature of the arresting officer who filed the motion on	7960
behalf of the alleged victim)	7961

..........................................	7962

Address of person (or office address of the arresting officer who	7963
filed the motion on behalf of the alleged victim)"	7964

(C)(1) As soon as possible after the filing of a motion that	7965
requests the issuance of a temporary protection order, but not	7966
later than twenty-four hours after the filing of the motion, the	7967
court shall conduct a hearing to determine whether to issue the	7968
order. The person who requested the order shall appear before the	7969
court and provide the court with the information that it requests	7970
concerning the basis of the motion. If the person who requested	7971
the order is unable to appear and if the court finds that the	7972
failure to appear is because of the person's hospitalization or	7973
medical condition resulting from the offense alleged in the	7974
complaint, another person who is able to provide the court with	7975
the information it requests may appear in lieu of the person who	7976
requested the order. If the court finds that the safety and	7977
protection of the complainant, alleged victim, or any other family	7978
or household member of the alleged victim may be impaired by the	7979
continued presence of the alleged offender, the court may issue a	7980
temporary protection order, as a pretrial condition of release,	7981
that contains terms designed to ensure the safety and protection	7982
of the complainant, alleged victim, or the family or household	7983
member, including a requirement that the alleged offender refrain	7984
from entering the residence, school, business, or place of	7985
employment of the complainant, alleged victim, or the family or	7986
household member.	7987

(2)(a) If the court issues a temporary protection order that	7988
includes a requirement that the alleged offender refrain from	7989
entering the residence, school, business, or place of employment	7990
of the complainant, the alleged victim, or the family or household	7991
member, the order shall state clearly that the order cannot be	7992
waived or nullified by an invitation to the alleged offender from	7993
the complainant, alleged victim, or family or household member to	7994
enter the residence, school, business, or place of employment or	7995
by the alleged offender's entry into one of those places otherwise	7996
upon the consent of the complainant, alleged victim, or family or	7997
household member.	7998

(b) Division (C)(2)(a) of this section does not limit any	7999
discretion of a court to determine that an alleged offender	8000
charged with a violation of section 2919.27 of the Revised Code,	8001
with a violation of a municipal ordinance substantially equivalent	8002
to that section, or with contempt of court, which charge is based	8003
on an alleged violation of a temporary protection order issued	8004
under this section, did not commit the violation or was not in	8005
contempt of court.	8006

(D)(1) Upon the filing of a complaint that alleges a	8007
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the	8008
Revised Code if the alleged victim of the violation was a family	8009
or household member at the time of the violation, a violation of a	8010
municipal ordinance that is substantially similar to any of those	8011
sections if the alleged victim of the violation was a family or	8012
household member at the time of the violation, any offense of	8013
violence if the alleged victim of the offense was a family or	8014
household member at the time of the commission of the offense, or	8015
any sexually oriented offense if the alleged victim of the offense	8016
was a family or household member at the time of the commission of	8017
the offense, the court, upon its own motion, may issue a temporary	8018
protection order as a pretrial condition of release if it finds	8019
that the safety and protection of the complainant, alleged victim,	8020
or other family or household member of the alleged offender may be	8021
impaired by the continued presence of the alleged offender.	8022

(2) If the court issues a temporary protection order under	8023
this section as an ex parte order, it shall conduct, as soon as	8024
possible after the issuance of the order, a hearing in the	8025
presence of the alleged offender not later than the next day on	8026
which the court is scheduled to conduct business after the day on	8027
which the alleged offender was arrested or at the time of the	8028
appearance of the alleged offender pursuant to summons to	8029
determine whether the order should remain in effect, be modified,	8030
or be revoked. The hearing shall be conducted under the standards	8031
set forth in division (C) of this section.	8032

(3) An order issued under this section shall contain only	8033
those terms authorized in orders issued under division (C) of this	8034
section.	8035

(4) If a municipal court or a county court issues a temporary	8036
protection order under this section and if, subsequent to the	8037
issuance of the order, the alleged offender who is the subject of	8038
the order is bound over to the court of common pleas for	8039
prosecution of a felony arising out of the same activities as	8040
those that were the basis of the complaint upon which the order is	8041
based, notwithstanding the fact that the order was issued by a	8042
municipal court or county court, the order shall remain in effect,	8043
as though it were an order of the court of common pleas, while the	8044
charges against the alleged offender are pending in the court of	8045
common pleas, for the period of time described in division (E)(2)	8046
of this section, and the court of common pleas has exclusive	8047
jurisdiction to modify the order issued by the municipal court or	8048
county court. This division applies when the alleged offender is	8049
bound over to the court of common pleas as a result of the person	8050
waiving a preliminary hearing on the felony charge, as a result of	8051
the municipal court or county court having determined at a	8052
preliminary hearing that there is probable cause to believe that	8053
the felony has been committed and that the alleged offender	8054
committed it, as a result of the alleged offender having been	8055
indicted for the felony, or in any other manner.	8056

(E) A temporary protection order that is issued as a pretrial	8057
condition of release under this section:	8058

(1) Is in addition to, but shall not be construed as a part	8059
of, any bail set under Criminal Rule 46;	8060

(2) Is effective only until the occurrence of either of the	8061
following:	8062

(a) The disposition, by the court that issued the order or,	8063
in the circumstances described in division (D)(4) of this section,	8064
by the court of common pleas to which the alleged offender is	8065
bound over for prosecution, of the criminal proceeding arising out	8066
of the complaint upon which the order is based;	8067

(b) The issuance of a protection order or the approval of a	8068
consent agreement, arising out of the same activities as those	8069
that were the basis of the complaint upon which the order is	8070
based, under section 3113.31 of the Revised Code;	8071

(3) Shall not be construed as a finding that the alleged	8072
offender committed the alleged offense, and shall not be	8073
introduced as evidence of the commission of the offense at the	8074
trial of the alleged offender on the complaint upon which the	8075
order is based.	8076

(F) A person who meets the criteria for bail under Criminal	8077
Rule 46 and who, if required to do so pursuant to that rule,	8078
executes or posts bond or deposits cash or securities as bail,	8079
shall not be held in custody pending a hearing before the court on	8080
a motion requesting a temporary protection order.	8081

(G)(1) A copy of any temporary protection order that is	8082
issued under this section shall be issued by the court to the	8083
complainant, to the alleged victim, to the person who requested	8084
the order, to the defendant, and to all law enforcement agencies	8085
that have jurisdiction to enforce the order. The court shall	8086
direct that a copy of the order be delivered to the defendant on	8087
the same day that the order is entered. If a municipal court or a	8088
county court issues a temporary protection order under this	8089
section and if, subsequent to the issuance of the order, the	8090
defendant who is the subject of the order is bound over to the	8091
court of common pleas for prosecution as described in division	8092
(D)(4) of this section, the municipal court or county court shall	8093
direct that a copy of the order be delivered to the court of	8094
common pleas to which the defendant is bound over.	8095

(2) Upon the issuance of a protection order under this	8096
section, the court shall provide the parties to the order with the	8097
following notice orally or by form:	8098

"NOTICE	8099

If you are convicted of a misdemeanor crime involving	8100
violence in which you are or were a spouse, intimate partner,	8101
parent, or guardian of the victim or are or were involved in	8102
another, similar relationship with the victim, it may be unlawful	8103
for you to possess or purchase a firearm, including a rifle,	8104
pistol, or revolver, or ammunition pursuant to federal law under	8105
18 U.S.C. 922(g)(9). If you have any questions whether this law	8106
makes it illegal for you to possess or purchase a firearm or	8107
ammunition, you should consult an attorney."	8108

(3) All law enforcement agencies shall establish and maintain	8109
an index for the temporary protection orders delivered to the	8110
agencies pursuant to division (G)(1) of this section. With	8111
respect to each order delivered, each agency shall note on the	8112
index, the date and time of the receipt of the order by the	8113
agency.	8114

~~(3)~~(4) A complainant, alleged victim, or other person who	8115
obtains a temporary protection order under this section may	8116
provide notice of the issuance of the temporary protection order	8117
to the judicial and law enforcement officials in any county other	8118
than the county in which the order is issued by registering that	8119
order in the other county in accordance with division (N) of	8120
section 3113.31 of the Revised Code and filing a copy of the	8121
registered protection order with a law enforcement agency in the	8122
other county in accordance with that division.	8123

~~(4)~~(5) Any officer of a law enforcement agency shall enforce	8124
a temporary protection order issued by any court in this state in	8125
accordance with the provisions of the order, including removing	8126
the defendant from the premises, regardless of whether the order	8127
is registered in the county in which the officer's agency has	8128
jurisdiction as authorized by division (G)~~(3)~~(4) of this section.	8129

(H) Upon a violation of a temporary protection order, the	8130
court may issue another temporary protection order, as a pretrial	8131
condition of release, that modifies the terms of the order that	8132
was violated.	8133

(I)(1) As used in divisions (I)(1) and (2) of this section,	8134
"defendant" means a person who is alleged in a complaint to have	8135
committed a violation, offense of violence, or sexually oriented	8136
offense of the type described in division (A) of this section.	8137

(2) If a complaint is filed that alleges that a person	8138
committed a violation, offense of violence, or sexually oriented	8139
offense of the type described in division (A) of this section, the	8140
court may not issue a temporary protection order under this	8141
section that requires the complainant, the alleged victim, or	8142
another family or household member of the defendant to do or	8143
refrain from doing an act that the court may require the defendant	8144
to do or refrain from doing under a temporary protection order	8145
unless both of the following apply:	8146

(a) The defendant has filed a separate complaint that alleges	8147
that the complainant, alleged victim, or other family or household	8148
member in question who would be required under the order to do or	8149
refrain from doing the act committed a violation or offense of	8150
violence of the type described in division (A) of this section.	8151

(b) The court determines that both the complainant, alleged	8152
victim, or other family or household member in question who would	8153
be required under the order to do or refrain from doing the act	8154
and the defendant acted primarily as aggressors, that neither the	8155
complainant, alleged victim, or other family or household member	8156
in question who would be required under the order to do or refrain	8157
from doing the act nor the defendant acted primarily in	8158
self-defense, and, in accordance with the standards and criteria	8159
of this section as applied in relation to the separate complaint	8160
filed by the defendant, that it should issue the order to require	8161
the complainant, alleged victim, or other family or household	8162
member in question to do or refrain from doing the act.	8163

(J) Notwithstanding any provision of law to the contrary and	8164
regardless of whether a protection order is issued or a consent	8165
agreement is approved by a court of another county or a court of	8166
another state, no court or unit of state or local government shall	8167
charge any fee, cost, deposit, or money in connection with the	8168
filing of a motion pursuant to this section, in connection with	8169
the filing, issuance, registration, or service of a protection	8170
order or consent agreement, or for obtaining a certified copy of a	8171
protection order or consent agreement.	8172

(K) As used in this section:

8173

(1) "Sexually oriented offense" has the same meaning as in	8174
section 2950.01 of the Revised Code.	8175

(2) "Victim advocate" means a person who provides support and	8176
assistance for a victim of an offense during court proceedings.	8177

Sec. 2921.13. (A) No person shall knowingly make a false	8178
statement, or knowingly swear or affirm the truth of a false	8179
statement previously made, when any of the following applies:	8180

(1) The statement is made in any official proceeding.

8181

(2) The statement is made with purpose to incriminate	8182
another.	8183

(3) The statement is made with purpose to mislead a public	8184
official in performing the public official's official function.	8185

(4) The statement is made with purpose to secure the payment	8186
of unemployment compensation; Ohio works first; prevention,	8187
retention, and contingency benefits and services; disability	8188
financial assistance; retirement benefits; economic development	8189
assistance, as defined in section 9.66 of the Revised Code; or	8190
other benefits administered by a governmental agency or paid out	8191
of a public treasury.	8192

(5) The statement is made with purpose to secure the issuance	8193
by a governmental agency of a license, permit, authorization,	8194
certificate, registration, release, or provider agreement.	8195

(6) The statement is sworn or affirmed before a notary public	8196
or another person empowered to administer oaths.	8197

(7) The statement is in writing on or in connection with a	8198
report or return that is required or authorized by law.	8199

(8) The statement is in writing and is made with purpose to	8200
induce another to extend credit to or employ the offender, to	8201
confer any degree, diploma, certificate of attainment, award of	8202
excellence, or honor on the offender, or to extend to or bestow	8203
upon the offender any other valuable benefit or distinction, when	8204
the person to whom the statement is directed relies upon it to	8205
that person's detriment.	8206

(9) The statement is made with purpose to commit or	8207
facilitate the commission of a theft offense.	8208

(10) The statement is knowingly made to a probate court in	8209
connection with any action, proceeding, or other matter within its	8210
jurisdiction, either orally or in a written document, including,	8211
but not limited to, an application, petition, complaint, or other	8212
pleading, or an inventory, account, or report.	8213

(11) The statement is made on an account, form, record,	8214
stamp, label, or other writing that is required by law.	8215

(12) The statement is made in connection with the purchase of	8216
a firearm, as defined in section 2923.11 of the Revised Code, and	8217
in conjunction with the furnishing to the seller of the firearm of	8218
a fictitious or altered driver's or commercial driver's license or	8219
permit, a fictitious or altered identification card, or any other	8220
document that contains false information about the purchaser's	8221
identity.	8222

(13) The statement is made in a document or instrument of	8223
writing that purports to be a judgment, lien, or claim of	8224
indebtedness and is filed or recorded with the secretary of state,	8225
a county recorder, or the clerk of a court of record.	8226

(14) The statement is made with purpose to obtain an Ohio's	8227
best Rx program enrollment card under section 173.773 of the	8228
Revised Code or a payment under section 173.801 of the Revised	8229
Code.	8230

(15) The statement is made in an application filed with a	8231
county sheriff pursuant to section 2923.125 of the Revised Code in	8232
order to obtain or renew a license to carry a concealed handgun or	8233
is made in an affidavit submitted to a county sheriff to obtain a	8234
temporary emergency license to carry a concealed handgun under	8235
section 2923.1213 of the Revised Code.	8236

(16) The statement is required under section ~~5743.72~~5743.71	8237
of the Revised Code in connection with the person's purchase of	8238
cigarettes or tobacco products in a delivery sale.	8239

(B) No person, in connection with the purchase of a firearm,	8240
as defined in section 2923.11 of the Revised Code, shall knowingly	8241
furnish to the seller of the firearm a fictitious or altered	8242
driver's or commercial driver's license or permit, a fictitious or	8243
altered identification card, or any other document that contains	8244
false information about the purchaser's identity.	8245

(C) No person, in an attempt to obtain a license to carry a	8246
concealed handgun under section 2923.125 of the Revised Code,	8247
shall knowingly present to a sheriff a fictitious or altered	8248
document that purports to be certification of the person's	8249
competence in handling a handgun as described in division (B)(3)	8250
of section 2923.125 of the Revised Code.	8251

(D) It is no defense to a charge under division (A)(6) of	8252
this section that the oath or affirmation was administered or	8253
taken in an irregular manner.	8254

(E) If contradictory statements relating to the same fact are	8255
made by the offender within the period of the statute of	8256
limitations for falsification, it is not necessary for the	8257
prosecution to prove which statement was false but only that one	8258
or the other was false.	8259

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	8260
(6), (7), (8), (10), (11), (13), (14), or (16) of this section is	8261
guilty of falsification, a misdemeanor of the first degree.	8262

(2) Whoever violates division (A)(9) of this section is	8263
guilty of falsification in a theft offense. Except as otherwise	8264
provided in this division, falsification in a theft offense is a	8265
misdemeanor of the first degree. If the value of the property or	8266
services stolen is five hundred dollars or more and is less than	8267
five thousand dollars, falsification in a theft offense is a	8268
felony of the fifth degree. If the value of the property or	8269
services stolen is five thousand dollars or more and is less than	8270
one hundred thousand dollars, falsification in a theft offense is	8271
a felony of the fourth degree. If the value of the property or	8272
services stolen is one hundred thousand dollars or more,	8273
falsification in a theft offense is a felony of the third degree.	8274

(3) Whoever violates division (A)(12) or (B) of this section	8275
is guilty of falsification to purchase a firearm, a felony of the	8276
fifth degree.	8277

(4) Whoever violates division (A)(15) or (C) of this section	8278
is guilty of falsification to obtain a concealed handgun license,	8279
a felony of the fourth degree.	8280

(G) A person who violates this section is liable in a civil	8281
action to any person harmed by the violation for injury, death, or	8282
loss to person or property incurred as a result of the commission	8283
of the offense and for reasonable attorney's fees, court costs,	8284
and other expenses incurred as a result of prosecuting the civil	8285
action commenced under this division. A civil action under this	8286
division is not the exclusive remedy of a person who incurs	8287
injury, death, or loss to person or property as a result of a	8288
violation of this section.	8289

Sec. 2923.11. As used in sections 2923.11 to 2923.24 of the	8290
Revised Code:	8291

(A) "Deadly weapon" means any instrument, device, or thing	8292
capable of inflicting death, and designed or specially adapted for	8293
use as a weapon, or possessed, carried, or used as a weapon.	8294

(B)(1) "Firearm" means any deadly weapon capable of expelling	8295
or propelling one or more projectiles by the action of an	8296
explosive or combustible propellant. "Firearm" includes an	8297
unloaded firearm, and any firearm that is inoperable but that can	8298
readily be rendered operable.	8299

(2) When determining whether a firearm is capable of	8300
expelling or propelling one or more projectiles by the action of	8301
an explosive or combustible propellant, the trier of fact may rely	8302
upon circumstantial evidence, including, but not limited to, the	8303
representations and actions of the individual exercising control	8304
over the firearm.	8305

8306

(1) Any firearm that has a short stock and is designed to be	8307
held and fired by the use of a single hand;	8308

(2) Any combination of parts from which a firearm of a type	8309
described in division (C)(1) of this section can be assembled.	8310

(D) "Semi-automatic firearm" means any firearm designed or	8311
specially adapted to fire a single cartridge and automatically	8312
chamber a succeeding cartridge ready to fire, with a single	8313
function of the trigger.	8314

(E) "Automatic firearm" means any firearm designed or	8315
specially adapted to fire a succession of cartridges with a single	8316
function of the trigger. "Automatic firearm" also means any	8317
semi-automatic firearm designed or specially adapted to fire more	8318
than thirty-one cartridges without reloading, other than a firearm	8319
chambering only .22 caliber short, long, or long-rifle cartridges.	8320

(F) "Sawed-off firearm" means a shotgun with a barrel less	8321
than eighteen inches long, or a rifle with a barrel less than	8322
sixteen inches long, or a shotgun or rifle less than twenty-six	8323
inches long overall.	8324

(G) "Zip-gun" means any of the following:

8325

(1) Any firearm of crude and extemporized manufacture;

8326

(2) Any device, including without limitation a starter's	8327
pistol, that is not designed as a firearm, but that is specially	8328
adapted for use as a firearm;	8329

(3) Any industrial tool, signalling device, or safety device,	8330
that is not designed as a firearm, but that as designed is capable	8331
of use as such, when possessed, carried, or used as a firearm.	8332

(H) "Explosive device" means any device designed or specially	8333
adapted to cause physical harm to persons or property by means of	8334
an explosion, and consisting of an explosive substance or agency	8335
and a means to detonate it. "Explosive device" includes without	8336
limitation any bomb, any explosive demolition device, any blasting	8337
cap or detonator containing an explosive charge, and any pressure	8338
vessel that has been knowingly tampered with or arranged so as to	8339
explode.	8340

(I) "Incendiary device" means any firebomb, and any device	8341
designed or specially adapted to cause physical harm to persons or	8342
property by means of fire, and consisting of an incendiary	8343
substance or agency and a means to ignite it.	8344

(J) "Ballistic knife" means a knife with a detachable blade	8345
that is propelled by a spring-operated mechanism.	8346

(K) "Dangerous ordnance" means any of the following, except	8347
as provided in division (L) of this section:	8348

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	8349
knife;	8350

(2) Any explosive device or incendiary device;

8351

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	8352
cyclonite, TNT, picric acid, and other high explosives; amatol,	8353
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	8354
explosive compositions; plastic explosives; dynamite, blasting	8355
gelatin, gelatin dynamite, sensitized ammonium nitrate,	8356
liquid-oxygen blasting explosives, blasting powder, and other	8357
blasting agents; and any other explosive substance having	8358
sufficient brisance or power to be particularly suitable for use	8359
as a military explosive, or for use in mining, quarrying,	8360
excavating, or demolitions;	8361

(4) Any firearm, rocket launcher, mortar, artillery piece,	8362
grenade, mine, bomb, torpedo, or similar weapon, designed and	8363
manufactured for military purposes, and the ammunition for that	8364
weapon;	8365

(5) Any firearm muffler or silencer;

8366

(6) Any combination of parts that is intended by the owner	8367
for use in converting any firearm or other device into a dangerous	8368
ordnance.	8369

(L) "Dangerous ordnance" does not include any of the	8370
following:	8371

(1) Any firearm, including a military weapon and the	8372
ammunition for that weapon, and regardless of its actual age, that	8373
employs a percussion cap or other obsolete ignition system, or	8374
that is designed and safe for use only with black powder;	8375

(2) Any pistol, rifle, or shotgun, designed or suitable for	8376
sporting purposes, including a military weapon as issued or as	8377
modified, and the ammunition for that weapon, unless the firearm	8378
is an automatic or sawed-off firearm;	8379

(3) Any cannon or other artillery piece that, regardless of	8380
its actual age, is of a type in accepted use prior to 1887, has no	8381
mechanical, hydraulic, pneumatic, or other system for absorbing	8382
recoil and returning the tube into battery without displacing the	8383
carriage, and is designed and safe for use only with black powder;	8384

(4) Black powder, priming quills, and percussion caps	8385
possessed and lawfully used to fire a cannon of a type defined in	8386
division (L)(3) of this section during displays, celebrations,	8387
organized matches or shoots, and target practice, and smokeless	8388
and black powder, primers, and percussion caps possessed and	8389
lawfully used as a propellant or ignition device in small-arms or	8390
small-arms ammunition;	8391

(5) Dangerous ordnance that is inoperable or inert and cannot	8392
readily be rendered operable or activated, and that is kept as a	8393
trophy, souvenir, curio, or museum piece.	8394

(6) Any device that is expressly excepted from the definition	8395
of a destructive device pursuant to the "Gun Control Act of 1968,"	8396
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	8397
issued under that act.	8398

(M) "Explosive" means any chemical compound, mixture, or	8399
device, the primary or common purpose of which is to function by	8400
explosion. "Explosive" includes all materials that have been	8401
classified as ~~class A, class B, or class C~~division 1.1, division	8402
1.2, division 1.3, or division 1.4 explosives by the United States	8403
department of transportation in its regulations and includes, but	8404
is not limited to, dynamite, black powder, pellet powders,	8405
initiating explosives, blasting caps, electric blasting caps,	8406
safety fuses, fuse igniters, squibs, cordeau detonant fuses,	8407
instantaneous fuses, and igniter cords and igniters. "Explosive"	8408
does not include "fireworks," as defined in section 3743.01 of the	8409
Revised Code, or any substance or material otherwise meeting the	8410
definition of explosive ~~that is not subject to regulation under~~	8411
set forth in this section that is manufactured, sold, possessed,	8412
transported, stored, or used in any activity described in section	8413
3743.80 of the Revised Code, provided the activity is conducted in	8414
accordance with all applicable laws, rules, and regulations,	8415
including, but not limited to, the provisions of section 3743.80	8416
of the Revised Code and the rules of the fire marshal adopted	8417
pursuant to section 3737.82 of the Revised Code.	8418

Sec. 2935.01. As used in this chapter:

8419

(A) "Magistrate" has the same meaning as in section 2931.01	8420
of the Revised Code.	8421

(B) "Peace officer" includes, except as provided in section	8422
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	8423
deputy marshal; member of the organized police department of any	8424
municipal corporation, including a member of the organized police	8425
department of a municipal corporation in an adjoining state	8426
serving in Ohio under a contract pursuant to section 737.04 of the	8427
Revised Code; member of a police force employed by a metropolitan	8428
housing authority under division (D) of section 3735.31 of the	8429
Revised Code; member of a police force employed by a regional	8430
transit authority under division (Y) of section 306.05 of the	8431
Revised Code; state university law enforcement officer appointed	8432
under section 3345.04 of the Revised Code; enforcement agent of	8433
the department of public safety designated under section 5502.14	8434
of the Revised Code; employee of the department of taxation to	8435
whom investigation powers have been delegated under section	8436
5743.45 of the Revised Code; employee of the department of natural	8437
resources who is a natural resources law enforcement staff officer	8438
designated pursuant to section 1501.013 of the Revised Code, a	8439
forest officer designated pursuant to section 1503.29 of the	8440
Revised Code, a preserve officer designated pursuant to section	8441
1517.10 of the Revised Code, a wildlife officer designated	8442
pursuant to section 1531.13 of the Revised Code, a park officer	8443
designated pursuant to section 1541.10 of the Revised Code, or a	8444
state watercraft officer designated pursuant to section 1547.521	8445
of the Revised Code; individual designated to perform law	8446
enforcement duties under section 511.232, 1545.13, or 6101.75 of	8447
the Revised Code; veterans' home police officer appointed under	8448
section 5907.02 of the Revised Code; special police officer	8449
employed by a port authority under section 4582.04 or 4582.28 of	8450
the Revised Code; police constable of any township; police officer	8451
of a township or joint township police district; a special police	8452
officer employed by a municipal corporation at a municipal	8453
airport, or other municipal air navigation facility, that has	8454
scheduled operations, as defined in section 119.3 of Title 14 of	8455
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	8456
that is required to be under a security program and is governed by	8457
aviation security rules of the transportation security	8458
administration of the United States department of transportation	8459
as provided in Parts 1542. and 1544. of Title 49 of the Code of	8460
Federal Regulations, as amended; the house of representatives	8461
sergeant at arms if the house of representatives sergeant at arms	8462
has arrest authority pursuant to division (E)(1) of section	8463
101.311 of the Revised Code; and an assistant house of	8464
representatives sergeant at arms; officer or employee of the	8465
bureau of criminal identification and investigation established	8466
pursuant to section 109.51 of the Revised Code who has been	8467
awarded a certificate by the executive director of the Ohio peace	8468
officer training commission attesting to the officer's or	8469
employee's satisfactory completion of an approved state, county,	8470
municipal, or department of natural resources peace officer basic	8471
training program and who is providing assistance upon request to a	8472
law enforcement officer or emergency assistance to a peace officer	8473
pursuant to section 109.54 or 109.541 of the Revised Code; a state	8474
fire marshal law enforcement officer described in division (A)(23)	8475
of section 109.71 of the Revised Code; and, for the purpose of	8476
arrests within those areas, for the purposes of Chapter 5503. of	8477
the Revised Code, and the filing of and service of process	8478
relating to those offenses witnessed or investigated by them, the	8479
superintendent and troopers of the state highway patrol.	8480

(C) "Prosecutor" includes the county prosecuting attorney and	8481
any assistant prosecutor designated to assist the county	8482
prosecuting attorney, and, in the case of courts inferior to	8483
courts of common pleas, includes the village solicitor, city	8484
director of law, or similar chief legal officer of a municipal	8485
corporation, any such officer's assistants, or any attorney	8486
designated by the prosecuting attorney of the county to appear for	8487
the prosecution of a given case.	8488

(D) "Offense," except where the context specifically	8489
indicates otherwise, includes felonies, misdemeanors, and	8490
violations of ordinances of municipal corporations and other	8491
public bodies authorized by law to adopt penal regulations.	8492

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	8493
deputy marshal, municipal police officer, township constable,	8494
police officer of a township or joint township police district,	8495
member of a police force employed by a metropolitan housing	8496
authority under division (D) of section 3735.31 of the Revised	8497
Code, member of a police force employed by a regional transit	8498
authority under division (Y) of section 306.35 of the Revised	8499
Code, state university law enforcement officer appointed under	8500
section 3345.04 of the Revised Code, veterans' home police officer	8501
appointed under section 5907.02 of the Revised Code, special	8502
police officer employed by a port authority under section 4582.04	8503
or 4582.28 of the Revised Code, or a special police officer	8504
employed by a municipal corporation at a municipal airport, or	8505
other municipal air navigation facility, that has scheduled	8506
operations, as defined in section 119.3 of Title 14 of the Code of	8507
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	8508
required to be under a security program and is governed by	8509
aviation security rules of the transportation security	8510
administration of the United States department of transportation	8511
as provided in Parts 1542. and 1544. of Title 49 of the Code of	8512
Federal Regulations, as amended, shall arrest and detain, until a	8513
warrant can be obtained, a person found violating, within the	8514
limits of the political subdivision, metropolitan housing	8515
authority housing project, regional transit authority facilities	8516
or areas of a municipal corporation that have been agreed to by a	8517
regional transit authority and a municipal corporation located	8518
within its territorial jurisdiction, college, university,	8519
veterans' home operated under Chapter 5907. of the Revised Code,	8520
port authority, or municipal airport or other municipal air	8521
navigation facility, in which the peace officer is appointed,	8522
employed, or elected, a law of this state, an ordinance of a	8523
municipal corporation, or a resolution of a township.	8524

(2) A peace officer of the department of natural resources, a	8525
state fire marshal law enforcement officer described in division	8526
(A)(23) of section 109.71 of the Revised Code, or an individual	8527
designated to perform law enforcement duties under section	8528
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	8529
detain, until a warrant can be obtained, a person found	8530
violating, within the limits of the peace officer's, state fire	8531
marshal law enforcement officer's, or individual's territorial	8532
jurisdiction, a law of this state.	8533

(3) The house sergeant at arms if the house sergeant at arms	8534
has arrest authority pursuant to division (E)(1) of section	8535
101.311 of the Revised Code and an assistant house sergeant at	8536
arms shall arrest and detain, until a warrant can be obtained, a	8537
person found violating, within the limits of the sergeant at	8538
arms's or assistant sergeant at arms's territorial jurisdiction	8539
specified in division (D)(1)(a) of section 101.311 of the Revised	8540
Code or while providing security pursuant to division (D)(1)(f) of	8541
section 101.311 of the Revised Code, a law of this state, an	8542
ordinance of a municipal corporation, or a resolution of a	8543
township.	8544

(B)(1) When there is reasonable ground to believe that an	8545
offense of violence, the offense of criminal child enticement as	8546
defined in section 2905.05 of the Revised Code, the offense of	8547
public indecency as defined in section 2907.09 of the Revised	8548
Code, the offense of domestic violence as defined in section	8549
2919.25 of the Revised Code, the offense of violating a protection	8550
order as defined in section 2919.27 of the Revised Code, the	8551
offense of menacing by stalking as defined in section 2903.211 of	8552
the Revised Code, the offense of aggravated trespass as defined in	8553
section 2911.211 of the Revised Code, a theft offense as defined	8554
in section 2913.01 of the Revised Code, or a felony drug abuse	8555
offense as defined in section 2925.01 of the Revised Code, has	8556
been committed within the limits of the political subdivision,	8557
metropolitan housing authority housing project, regional transit	8558
authority facilities or those areas of a municipal corporation	8559
that have been agreed to by a regional transit authority and a	8560
municipal corporation located within its territorial jurisdiction,	8561
college, university, veterans' home operated under Chapter 5907.	8562
of the Revised Code, port authority, or municipal airport or other	8563
municipal air navigation facility, in which the peace officer is	8564
appointed, employed, or elected or within the limits of the	8565
territorial jurisdiction of the peace officer, a peace officer	8566
described in division (A) of this section may arrest and detain	8567
until a warrant can be obtained any person who the peace officer	8568
has reasonable cause to believe is guilty of the violation.	8569

(2) For purposes of division (B)(1) of this section, the	8570
execution of any of the following constitutes reasonable ground to	8571
believe that the offense alleged in the statement was committed	8572
and reasonable cause to believe that the person alleged in the	8573
statement to have committed the offense is guilty of the	8574
violation:	8575

(a) A written statement by a person alleging that an alleged	8576
offender has committed the offense of menacing by stalking or	8577
aggravated trespass;	8578

(b) A written statement by the administrator of the	8579
interstate compact on mental health appointed under section	8580
5119.51 of the Revised Code alleging that a person who had been	8581
hospitalized, institutionalized, or confined in any facility under	8582
an order made pursuant to or under authority of section 2945.37,	8583
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	8584
Revised Code has escaped from the facility, from confinement in a	8585
vehicle for transportation to or from the facility, or from	8586
supervision by an employee of the facility that is incidental to	8587
hospitalization, institutionalization, or confinement in the	8588
facility and that occurs outside of the facility, in violation of	8589
section 2921.34 of the Revised Code;	8590

(c) A written statement by the administrator of any facility	8591
in which a person has been hospitalized, institutionalized, or	8592
confined under an order made pursuant to or under authority of	8593
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	8594
2945.402 of the Revised Code alleging that the person has escaped	8595
from the facility, from confinement in a vehicle for	8596
transportation to or from the facility, or from supervision by an	8597
employee of the facility that is incidental to hospitalization,	8598
institutionalization, or confinement in the facility and that	8599
occurs outside of the facility, in violation of section 2921.34 of	8600
the Revised Code.	8601

(3)(a) For purposes of division (B)(1) of this section, a	8602
peace officer described in division (A) of this section has	8603
reasonable grounds to believe that the offense of domestic	8604
violence or the offense of violating a protection order has been	8605
committed and reasonable cause to believe that a particular person	8606
is guilty of committing the offense if any of the following	8607
occurs:	8608

(i) A person executes a written statement alleging that the	8609
person in question has committed the offense of domestic violence	8610
or the offense of violating a protection order against the person	8611
who executes the statement or against a child of the person who	8612
executes the statement.	8613

(ii) No written statement of the type described in division	8614
(B)(3)(a)(i) of this section is executed, but the peace officer,	8615
based upon the peace officer's own knowledge and observation of	8616
the facts and circumstances of the alleged incident of the offense	8617
of domestic violence or the alleged incident of the offense of	8618
violating a protection order or based upon any other information,	8619
including, but not limited to, any reasonably trustworthy	8620
information given to the peace officer by the alleged victim of	8621
the alleged incident of the offense or any witness of the alleged	8622
incident of the offense, concludes that there are reasonable	8623
grounds to believe that the offense of domestic violence or the	8624
offense of violating a protection order has been committed and	8625
reasonable cause to believe that the person in question is guilty	8626
of committing the offense.	8627

(iii) No written statement of the type described in division	8628
(B)(3)(a)(i) of this section is executed, but the peace officer	8629
witnessed the person in question commit the offense of domestic	8630
violence or the offense of violating a protection order.	8631

(b) If pursuant to division (B)(3)(a) of this section a peace	8632
officer has reasonable grounds to believe that the offense of	8633
domestic violence or the offense of violating a protection order	8634
has been committed and reasonable cause to believe that a	8635
particular person is guilty of committing the offense, it is the	8636
preferred course of action in this state that the officer arrest	8637
and detain that person pursuant to division (B)(1) of this section	8638
until a warrant can be obtained.	8639

If pursuant to division (B)(3)(a) of this section a peace	8640
officer has reasonable grounds to believe that the offense of	8641
domestic violence or the offense of violating a protection order	8642
has been committed and reasonable cause to believe that family or	8643
household members have committed the offense against each other,	8644
it is the preferred course of action in this state that the	8645
officer, pursuant to division (B)(1) of this section, arrest and	8646
detain until a warrant can be obtained the family or household	8647
member who committed the offense and whom the officer has	8648
reasonable cause to believe is the primary physical aggressor.	8649
There is no preferred course of action in this state regarding any	8650
other family or household member who committed the offense and	8651
whom the officer does not have reasonable cause to believe is the	8652
primary physical aggressor, but, pursuant to division (B)(1) of	8653
this section, the peace officer may arrest and detain until a	8654
warrant can be obtained any other family or household member who	8655
committed the offense and whom the officer does not have	8656
reasonable cause to believe is the primary physical aggressor.	8657

(c) If a peace officer described in division (A) of this	8658
section does not arrest and detain a person whom the officer has	8659
reasonable cause to believe committed the offense of domestic	8660
violence or the offense of violating a protection order when it is	8661
the preferred course of action in this state pursuant to division	8662
(B)(3)(b) of this section that the officer arrest that person, the	8663
officer shall articulate in the written report of the incident	8664
required by section 2935.032 of the Revised Code a clear statement	8665
of the officer's reasons for not arresting and detaining that	8666
person until a warrant can be obtained.	8667

(d) In determining for purposes of division (B)(3)(b) of this	8668
section which family or household member is the primary physical	8669
aggressor in a situation in which family or household members have	8670
committed the offense of domestic violence or the offense of	8671
violating a protection order against each other, a peace officer	8672
described in division (A) of this section, in addition to any	8673
other relevant circumstances, should consider all of the	8674
following:	8675

(i) Any history of domestic violence or of any other violent	8676
acts by either person involved in the alleged offense that the	8677
officer reasonably can ascertain;	8678

(ii) If violence is alleged, whether the alleged violence was	8679
caused by a person acting in self-defense;	8680

(iii) Each person's fear of physical harm, if any, resulting	8681
from the other person's threatened use of force against any person	8682
or resulting from the other person's use or history of the use of	8683
force against any person, and the reasonableness of that fear;	8684

(iv) The comparative severity of any injuries suffered by the	8685
persons involved in the alleged offense.	8686

(e)(i) A peace officer described in division (A) of this	8687
section shall not require, as a prerequisite to arresting or	8688
charging a person who has committed the offense of domestic	8689
violence or the offense of violating a protection order, that the	8690
victim of the offense specifically consent to the filing of	8691
charges against the person who has committed the offense or sign a	8692
complaint against the person who has committed the offense.	8693

(ii) If a person is arrested for or charged with committing	8694
the offense of domestic violence or the offense of violating a	8695
protection order and if the victim of the offense does not	8696
cooperate with the involved law enforcement or prosecuting	8697
authorities in the prosecution of the offense or, subsequent to	8698
the arrest or the filing of the charges, informs the involved law	8699
enforcement or prosecuting authorities that the victim does not	8700
wish the prosecution of the offense to continue or wishes to drop	8701
charges against the alleged offender relative to the offense, the	8702
involved prosecuting authorities, in determining whether to	8703
continue with the prosecution of the offense or whether to dismiss	8704
charges against the alleged offender relative to the offense and	8705
notwithstanding the victim's failure to cooperate or the victim's	8706
wishes, shall consider all facts and circumstances that are	8707
relevant to the offense, including, but not limited to, the	8708
statements and observations of the peace officers who responded to	8709
the incident that resulted in the arrest or filing of the charges	8710
and of all witnesses to that incident.	8711

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	8712
this section whether to arrest a person pursuant to division	8713
(B)(1) of this section, a peace officer described in division (A)	8714
of this section shall not consider as a factor any possible	8715
shortage of cell space at the detention facility to which the	8716
person will be taken subsequent to the person's arrest or any	8717
possibility that the person's arrest might cause, contribute to,	8718
or exacerbate overcrowding at that detention facility or at any	8719
other detention facility.	8720

(g) If a peace officer described in division (A) of this	8721
section intends pursuant to divisions (B)(3)(a) to (g) of this	8722
section to arrest a person pursuant to division (B)(1) of this	8723
section and if the officer is unable to do so because the person	8724
is not present, the officer promptly shall seek a warrant for the	8725
arrest of the person.	8726

(h) If a peace officer described in division (A) of this	8727
section responds to a report of an alleged incident of the offense	8728
of domestic violence or an alleged incident of the offense of	8729
violating a protection order and if the circumstances of the	8730
incident involved the use or threatened use of a deadly weapon or	8731
any person involved in the incident brandished a deadly weapon	8732
during or in relation to the incident, the deadly weapon that was	8733
used, threatened to be used, or brandished constitutes contraband,	8734
and, to the extent possible, the officer shall seize the deadly	8735
weapon as contraband pursuant to Chapter 2981. of the Revised	8736
Code. Upon the seizure of a deadly weapon pursuant to division	8737
(B)(3)(h) of this section, section 2981.12 of the Revised Code	8738
shall apply regarding the treatment and disposition of the deadly	8739
weapon. For purposes of that section, the "underlying criminal	8740
offense" that was the basis of the seizure of a deadly weapon	8741
under division (B)(3)(h) of this section and to which the deadly	8742
weapon had a relationship is any of the following that is	8743
applicable:	8744

(i) The alleged incident of the offense of domestic violence	8745
or the alleged incident of the offense of violating a protection	8746
order to which the officer who seized the deadly weapon responded;	8747

(ii) Any offense that arose out of the same facts and	8748
circumstances as the report of the alleged incident of the offense	8749
of domestic violence or the alleged incident of the offense of	8750
violating a protection order to which the officer who seized the	8751
deadly weapon responded.	8752

(4) If, in the circumstances described in divisions (B)(3)(a)	8753
to (g) of this section, a peace officer described in division (A)	8754
of this section arrests and detains a person pursuant to division	8755
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	8756
this section, a peace officer described in division (A) of this	8757
section seizes a deadly weapon, the officer, to the extent	8758
described in and in accordance with section 9.86 or 2744.03 of the	8759
Revised Code, is immune in any civil action for damages for	8760
injury, death, or loss to person or property that arises from or	8761
is related to the arrest and detention or the seizure.	8762

(C) When there is reasonable ground to believe that a	8763
violation of division (A)(1), (2), (3), (4), or (5) of section	8764
4506.15 or a violation of section 4511.19 of the Revised Code has	8765
been committed by a person operating a motor vehicle subject to	8766
regulation by the public utilities commission of Ohio under Title	8767
XLIX of the Revised Code, a peace officer with authority to	8768
enforce that provision of law may stop or detain the person whom	8769
the officer has reasonable cause to believe was operating the	8770
motor vehicle in violation of the division or section and, after	8771
investigating the circumstances surrounding the operation of the	8772
vehicle, may arrest and detain the person.	8773

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	8774
municipal police officer, member of a police force employed by a	8775
metropolitan housing authority under division (D) of section	8776
3735.31 of the Revised Code, member of a police force employed by	8777
a regional transit authority under division (Y) of section 306.35	8778
of the Revised Code, special police officer employed by a port	8779
authority under section 4582.04 or 4582.28 of the Revised Code,	8780
special police officer employed by a municipal corporation at a	8781
municipal airport or other municipal air navigation facility	8782
described in division (A) of this section, township constable,	8783
police officer of a township or joint township police district,	8784
state university law enforcement officer appointed under section	8785
3345.04 of the Revised Code, peace officer of the department of	8786
natural resources, individual designated to perform law	8787
enforcement duties under section 511.232, 1545.13, or 6101.75 of	8788
the Revised Code, the house sergeant at arms if the house sergeant	8789
at arms has arrest authority pursuant to division (E)(1) of	8790
section 101.311 of the Revised Code, or an assistant house	8791
sergeant at arms is authorized by division (A) or (B) of this	8792
section to arrest and detain, within the limits of the political	8793
subdivision, metropolitan housing authority housing project,	8794
regional transit authority facilities or those areas of a	8795
municipal corporation that have been agreed to by a regional	8796
transit authority and a municipal corporation located within its	8797
territorial jurisdiction, port authority, municipal airport or	8798
other municipal air navigation facility, college, or university in	8799
which the officer is appointed, employed, or elected or within the	8800
limits of the territorial jurisdiction of the peace officer, a	8801
person until a warrant can be obtained, the peace officer, outside	8802
the limits of that territory, may pursue, arrest, and detain that	8803
person until a warrant can be obtained if all of the following	8804
apply:	8805

(1) The pursuit takes place without unreasonable delay after	8806
the offense is committed;	8807

(2) The pursuit is initiated within the limits of the	8808
political subdivision, metropolitan housing authority housing	8809
project, regional transit authority facilities or those areas of a	8810
municipal corporation that have been agreed to by a regional	8811
transit authority and a municipal corporation located within its	8812
territorial jurisdiction, port authority, municipal airport or	8813
other municipal air navigation facility, college, or university in	8814
which the peace officer is appointed, employed, or elected or	8815
within the limits of the territorial jurisdiction of the peace	8816
officer;	8817

(3) The offense involved is a felony, a misdemeanor of the	8818
first degree or a substantially equivalent municipal ordinance, a	8819
misdemeanor of the second degree or a substantially equivalent	8820
municipal ordinance, or any offense for which points are	8821
chargeable pursuant to section 4510.036 of the Revised Code.	8822

(E) In addition to the authority granted under division (A)	8823
or (B) of this section:	8824

(1) A sheriff or deputy sheriff may arrest and detain, until	8825
a warrant can be obtained, any person found violating section	8826
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	8827
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	8828
portion of any street or highway that is located immediately	8829
adjacent to the boundaries of the county in which the sheriff or	8830
deputy sheriff is elected or appointed.	8831

(2) A member of the police force of a township police	8832
district created under section 505.48 of the Revised Code, a	8833
member of the police force of a joint township police district	8834
created under section 505.481 of the Revised Code, or a township	8835
constable appointed in accordance with section 509.01 of the	8836
Revised Code, who has received a certificate from the Ohio peace	8837
officer training commission under section 109.75 of the Revised	8838
Code, may arrest and detain, until a warrant can be obtained, any	8839
person found violating any section or chapter of the Revised Code	8840
listed in division (E)(1) of this section, other than sections	8841
4513.33 and 4513.34 of the Revised Code, on the portion of any	8842
street or highway that is located immediately adjacent to the	8843
boundaries of the township police district or joint township	8844
police district, in the case of a member of a township police	8845
district or joint township police district police force, or the	8846
unincorporated territory of the township, in the case of a	8847
township constable. However, if the population of the township	8848
that created the township police district served by the member's	8849
police force, or the townships that created the joint township	8850
police district served by the member's police force, or the	8851
township that is served by the township constable, is sixty	8852
thousand or less, the member of the township police district or	8853
joint police district police force or the township constable may	8854
not make an arrest under division (E)(2) of this section on a	8855
state highway that is included as part of the interstate system.	8856

(3) A police officer or village marshal appointed, elected,	8857
or employed by a municipal corporation may arrest and detain,	8858
until a warrant can be obtained, any person found violating any	8859
section or chapter of the Revised Code listed in division (E)(1)	8860
of this section on the portion of any street or highway that is	8861
located immediately adjacent to the boundaries of the municipal	8862
corporation in which the police officer or village marshal is	8863
appointed, elected, or employed.	8864

(4) A peace officer of the department of natural resources, a	8865
state fire marshal law enforcement officer described in division	8866
(A)(23) of section 109.71 of the Revised Code, or an individual	8867
designated to perform law enforcement duties under section	8868
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	8869
detain, until a warrant can be obtained, any person found	8870
violating any section or chapter of the Revised Code listed in	8871
division (E)(1) of this section, other than sections 4513.33 and	8872
4513.34 of the Revised Code, on the portion of any street or	8873
highway that is located immediately adjacent to the boundaries of	8874
the lands and waters that constitute the territorial jurisdiction	8875
of the peace officer or state fire marshal law enforcement	8876
officer.	8877

(F)(1) A department of mental health special police officer	8878
or a department of mental retardation and developmental	8879
disabilities special police officer may arrest without a warrant	8880
and detain until a warrant can be obtained any person found	8881
committing on the premises of any institution under the	8882
jurisdiction of the particular department a misdemeanor under a	8883
law of the state.	8884

A department of mental health special police officer or a	8885
department of mental retardation and developmental disabilities	8886
special police officer may arrest without a warrant and detain	8887
until a warrant can be obtained any person who has been	8888
hospitalized, institutionalized, or confined in an institution	8889
under the jurisdiction of the particular department pursuant to or	8890
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	8891
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	8892
found committing on the premises of any institution under the	8893
jurisdiction of the particular department a violation of section	8894
2921.34 of the Revised Code that involves an escape from the	8895
premises of the institution.	8896

(2)(a) If a department of mental health special police	8897
officer or a department of mental retardation and developmental	8898
disabilities special police officer finds any person who has been	8899
hospitalized, institutionalized, or confined in an institution	8900
under the jurisdiction of the particular department pursuant to or	8901
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	8902
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	8903
violation of section 2921.34 of the Revised Code that involves an	8904
escape from the premises of the institution, or if there is	8905
reasonable ground to believe that a violation of section 2921.34	8906
of the Revised Code has been committed that involves an escape	8907
from the premises of an institution under the jurisdiction of the	8908
department of mental health or the department of mental	8909
retardation and developmental disabilities and if a department of	8910
mental health special police officer or a department of mental	8911
retardation and developmental disabilities special police officer	8912
has reasonable cause to believe that a particular person who has	8913
been hospitalized, institutionalized, or confined in the	8914
institution pursuant to or under authority of section 2945.37,	8915
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	8916
Revised Code is guilty of the violation, the special police	8917
officer, outside of the premises of the institution, may pursue,	8918
arrest, and detain that person for that violation of section	8919
2921.34 of the Revised Code, until a warrant can be obtained, if	8920
both of the following apply:	8921

(i) The pursuit takes place without unreasonable delay after	8922
the offense is committed;	8923

(ii) The pursuit is initiated within the premises of the	8924
institution from which the violation of section 2921.34 of the	8925
Revised Code occurred.	8926

(b) For purposes of division (F)(2)(a) of this section, the	8927
execution of a written statement by the administrator of the	8928
institution in which a person had been hospitalized,	8929
institutionalized, or confined pursuant to or under authority of	8930
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	8931
2945.402 of the Revised Code alleging that the person has escaped	8932
from the premises of the institution in violation of section	8933
2921.34 of the Revised Code constitutes reasonable ground to	8934
believe that the violation was committed and reasonable cause to	8935
believe that the person alleged in the statement to have committed	8936
the offense is guilty of the violation.	8937

(G) As used in this section:

8938

(1) A "department of mental health special police officer"	8939
means a special police officer of the department of mental health	8940
designated under section 5119.14 of the Revised Code who is	8941
certified by the Ohio peace officer training commission under	8942
section 109.77 of the Revised Code as having successfully	8943
completed an approved peace officer basic training program.	8944

(2) A "department of mental retardation and developmental	8945
disabilities special police officer" means a special police	8946
officer of the department of mental retardation and developmental	8947
disabilities designated under section 5123.13 of the Revised Code	8948
who is certified by the Ohio peace officer training council under	8949
section 109.77 of the Revised Code as having successfully	8950
completed an approved peace officer basic training program.	8951

(3) "Deadly weapon" has the same meaning as in section	8952
2923.11 of the Revised Code.	8953

(4) "Family or household member" has the same meaning as in	8954
section 2919.25 of the Revised Code.	8955

(5) "Street" or "highway" has the same meaning as in section	8956
4511.01 of the Revised Code.	8957

(6) "Interstate system" has the same meaning as in section	8958
5516.01 of the Revised Code.	8959

(7) "Peace officer of the department of natural resources"	8960
means an employee of the department of natural resources who is a	8961
natural resources law enforcement staff officer designated	8962
pursuant to section 1501.013 of the Revised Code, a forest officer	8963
designated pursuant to section 1503.29 of the Revised Code, a	8964
preserve officer designated pursuant to section 1517.10 of the	8965
Revised Code, a wildlife officer designated pursuant to section	8966
1531.13 of the Revised Code, a park officer designated pursuant to	8967
section 1541.10 of the Revised Code, or a state watercraft officer	8968
designated pursuant to section 1547.521 of the Revised Code.	8969

(8) "Portion of any street or highway" means all lanes of the	8970
street or highway irrespective of direction of travel, including	8971
designated turn lanes, and any berm, median, or shoulder.	8972

Sec. 2943.033. (A) As used in this section, "person living	8973
as a spouse" means a person who is living or has lived with the	8974
defendant in a common law marital relationship, who otherwise is	8975
cohabiting with the defendant, or who otherwise has cohabited with	8976
the defendant within five years prior to the date of the alleged	8977
commission of the act in question.	8978

(B) The notice required under division (C) of this section	8979
shall be provided to a defendant when the alleged victim is any of	8980
the following:	8981

(1) A spouse, person living as a spouse, or former spouse of	8982
the defendant;	8983

(2) A parent or child of the defendant;

8984

(3) A parent or child of a spouse, person living as a spouse,	8985
or former spouse of the defendant;	8986

(4) The natural parent of any child of whom the defendant is	8987
the other natural or putative natural parent.	8988

(C) Prior to accepting a guilty plea or plea of no contest to	8989
an indictment, information, or complaint that charges a person	8990
with a misdemeanor offense of violence, the court shall inform the	8991
defendant either personally or in writing that under 18 U.S.C.	8992
922(g)(9) it may be unlawful for the person to ship, transport,	8993
purchase, or possess a firearm or ammunition as a result of any	8994
conviction for a misdemeanor offense of violence. The plea may not	8995
be vacated based on a failure to inform the person so charged	8996
regarding the restrictions under 18 U.S.C. 922(g)(9).	8997

Sec. 2949.092. If a person is convicted of or pleads guilty	8998
to an offense and the court specifically is required, pursuant to	8999
section 2743.70, 2949.091, or 2949.093, or 2949.094 of the Revised	9000
Code or pursuant to any other section of the Revised Code to	9001
impose a specified sum of money as costs in the case in addition	9002
to any other costs that the court is required or permitted by law	9003
to impose in the case, the court shall not waive the payment of	9004
the specified additional court costs that the section of the	9005
Revised Code specifically requires the court to impose unless the	9006
court determines that the offender is indigent and the court	9007
waives the payment of all court costs imposed upon the offender.	9008

Sec. 2949.094. (A) The court in which any person is convicted	9009
of or pleads guilty to any moving violation shall impose an	9010
additional court cost of ten dollars upon the offender. The court	9011
shall not waive the payment of the ten dollars unless the court	9012
determines that the offender is indigent and waives the payment of	9013
all court costs imposed upon the indigent offender.	9014

The clerk of the court shall transmit thirty-five per cent of	9015
all additional court costs collected pursuant to this division	9016
during a month on or before the twenty-third day of the	9017
following month to the division of criminal justice services,	9018
and the division of criminal justice services shall deposit the	9019
money so transmitted into the drug law enforcement fund created	9020
under section 5502.68 of the Revised Code. The clerk shall	9021
transmit fifteen per cent of all additional court costs so	9022
collected during a month on or before the twenty-third day of the	9023
following month to the state treasury to be credited to the	9024
indigent drivers alcohol treatment fund created under section	9025
4511.191 of the Revised Code and to be distributed by the	9026
department of alcohol and drug addiction services as provided in	9027
division (H) of that section. The clerk shall transmit fifty per	9028
cent of all additional court costs so collected during a month on	9029
or before the twenty-third day of the following month to the	9030
state treasury to be credited to the indigent defense support	9031
fund created pursuant to section 120.08 of the Revised Code.	9032

(B) The juvenile court in which a child is found to be a	9033
juvenile traffic offender for an act that is a moving violation	9034
shall impose an additional court cost of ten dollars upon the	9035
juvenile traffic offender. The juvenile court shall not waive the	9036
payment of the ten dollars unless the court determines that the	9037
juvenile is indigent and waives the payment of all court costs	9038
imposed upon the indigent offender.	9039

The clerk of the court shall transmit thirty-five per cent of	9040
all additional court costs collected pursuant to this division	9041
during a month on or before the twenty-third day of the	9042
following month to the division of criminal justice services,	9043
and the division of criminal justice services shall deposit the	9044
money so transmitted into the drug law enforcement fund created	9045
under section 5502.68 of the Revised Code. The clerk shall	9046
transmit fifteen per cent of all additional court costs so	9047
collected during a month on or before the twenty-third day of the	9048
following month to the state treasury to be credited to the	9049
indigent drivers alcohol treatment fund created under that	9050
section 4511.191 of the Revised Code and to be distributed by the	9051
department of alcohol and drug addiction services as provided in	9052
division (H) of that section. The clerk shall transmit fifty per	9053
cent of all additional court costs so collected during a month	9054
on or before the twenty-third day of the following month to the	9055
state treasury to be credited to the indigent defense support	9056
fund created pursuant to section 120.08 of the Revised Code.	9057

(C) Whenever a person is charged with any offense that is a	9058
moving violation and posts bail, the court shall add to the amount	9059
of the bail the ten dollars required to be paid by division (A)	9060
of this section. The clerk of the court shall retain the ten	9061
dollars until the person is convicted, pleads guilty, forfeits	9062
bail, is found not guilty, or has the charges dismissed. If the	9063
person is convicted, pleads guilty, or forfeits bail, the clerk	9064
shall transmit three and fifty cents out of the ten dollars to the	9065
division of criminal justice services, and the division of	9066
criminal justice services shall deposit the money so transmitted	9067
into the drug law enforcement fund created under section 5502.68	9068
of the Revised Code, the clerk shall transmit one dollar and fifty	9069
cents out of the ten dollars to the state treasury to be	9070
credited to the indigent drivers alcohol treatment fund created	9071
under section 4511.191 of the Revised Code and to be distributed	9072
by the department of alcohol and drug addiction services as	9073
provided in division (H) of that section, and the clerk shall	9074
transmit five dollars out of the ten dollars to the state	9075
treasury to be credited to the indigent defense support fund	9076
created under section 120.08 of the Revised Code. If the person	9077
is found not guilty or the charges are dismissed, the clerk	9078
shall return the ten dollars to the person.	9079

(D) No person shall be placed or held in a detention facility	9080
for failing to pay the court cost or bail that is required to be	9081
paid by this section.	9082

(E) As used in this section:

9083

(1) "Bail" and "moving violation" have the same meanings as	9084
in section 2949.093 of the Revised Code.	9085

(2) "Detention facility" has the same meaning as in section	9086
2921.01 of the Revised Code.	9087

(3) "Division of criminal justice services" means the	9088
division of criminal justice services of the department of public	9089
safety, created by section 5502.62 of the Revised Code.	9090

Sec. 3107.018. (A) A prospective adoptive parent may apply	9091
to the department of job and family services for a loan from the	9092
state adoption assistance loan fund created under section 5101.143	9093
of the Revised Code. Subject to available funds, the department	9094
may approve a state adoption assistance loan application, in whole	9095
or in part, or deny the application. In reviewing a loan	9096
application submitted to the department, the department shall	9097
consider the financial need of the prospective adoptive parent in	9098
determining whether to approve a loan application, in whole or in	9099
part, or deny the application. If the department approves a loan	9100
application, in whole or in part, and the child being adopted	9101
resides in Ohio, the department shall loan a prospective adoptive	9102
parent not more than three thousand dollars from the state	9103
adoption assistance loan fund. If the department approves a loan	9104
application, in whole or in part, and the child being adopted does	9105
not reside in Ohio, the department shall loan a prospective	9106
adoptive parent not more than two thousand dollars from the state	9107
adoption assistance loan fund.	9108

(B) A prospective adoptive parent who receives a loan under	9109
division (A) of this section shall use that loan for only a	9110
disbursement listed under division (C) of section 3107.055 of the	9111
Revised Code or an expense related to adopting from the public	9112
child welfare system.	9113

(C) This section applies to adoptions arranged by an attorney	9114
or by any public or private organization certified, licensed, or	9115
otherwise specially empowered by law or rule to place minors for	9116
adoption.	9117

Sec. 3111.04. (A) An action to determine the existence or	9118
nonexistence of the father and child relationship may be brought	9119
by the child or the child's personal representative, the child's	9120
mother or her personal representative, a man alleged or alleging	9121
himself to be the child's father, the child support enforcement	9122
agency of the county in which the child resides if the child's	9123
mother, father, or alleged father is a recipient of public	9124
assistance or of services under Title IV-D of the "Social Security	9125
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	9126
alleged father's personal representative.	9127

(B) An agreement does not bar an action under this section.

9128

(C) If an action under this section is brought before the	9129
birth of the child and if the action is contested, all	9130
proceedings, except service of process and the taking of	9131
depositions to perpetuate testimony, may be stayed until after the	9132
birth.	9133

(D) A recipient of public assistance or of services under	9134
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	9135
U.S.C.A. 651, as amended, shall cooperate with the child support	9136
enforcement agency of the county in which a child resides to	9137
obtain an administrative determination pursuant to sections	9138
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	9139
determination pursuant to sections 3111.01 to 3111.18 of the	9140
Revised Code, of the existence or nonexistence of a parent and	9141
child relationship between the father and the child. If the	9142
recipient fails to cooperate, the agency may commence an action to	9143
determine the existence or nonexistence of a parent and child	9144
relationship between the father and the child pursuant to sections	9145
3111.01 to 3111.18 of the Revised Code.	9146

(E) As used in this section, "public assistance" means	9147
~~medical assistance~~all of the following:	9148

(1) Medicaid under Chapter 5111. of the Revised Code,	9149
~~assistance~~;	9150

(2) Ohio works first under Chapter 5107. of the Revised Code,	9151
~~disability~~;	9152

(3) Disability financial assistance under Chapter 5115. of	9153
the Revised Code~~, or disability~~;	9154

(4) Disability medical assistance under Chapter 5115. of the	9155
Revised Code;	9156

(5) Children's buy-in program under sections 5101.5211 to	9157
5101.5216 of the Revised Code.	9158

Sec. 3113.06. No father, or mother when she is charged with	9159
the maintenance, of a child under eighteen years of age, or a	9160
mentally or physically handicapped child under age twenty-one, who	9161
is legally a ward of a public children services agency or is the	9162
recipient of aid pursuant to sections 5101.5211 to 5101.5216 or	9163
Chapter 5107. or 5115. of the Revised Code, shall neglect or	9164
refuse to pay such agency the reasonable cost of maintaining such	9165
child when such father or mother is able to do so by reason of	9166
property, labor, or earnings.	9167

An offense under this section shall be held committed in the	9168
county in which the agency is located. The agency shall file	9169
charges against any parent who violates this section, unless the	9170
agency files charges under section 2919.21 of the Revised Code, or	9171
unless charges of nonsupport are filed by a relative or guardian	9172
of the child, or unless an action to enforce support is brought	9173
under Chapter 3115. of the Revised Code.	9174

Sec. 3113.31. (A) As used in this section:

9175

(1) "Domestic violence" means the occurrence of one or more	9176
of the following acts against a family or household member:	9177

(a) Attempting to cause or recklessly causing bodily injury;

9178

(b) Placing another person by the threat of force in fear of	9179
imminent serious physical harm or committing a violation of	9180
section 2903.211 or 2911.211 of the Revised Code;	9181

(c) Committing any act with respect to a child that would	9182
result in the child being an abused child, as defined in section	9183
2151.031 of the Revised Code;	9184

(d) Committing a sexually oriented offense.

9185

(2) "Court" means the domestic relations division of the	9186
court of common pleas in counties that have a domestic relations	9187
division, and the court of common pleas in counties that do not	9188
have a domestic relations division.	9189

(3) "Family or household member" means any of the following:

9190

(a) Any of the following who is residing with or has resided	9191
with the respondent:	9192

(i) A spouse, a person living as a spouse, or a former spouse	9193
of the respondent;	9194

(ii) A parent or a child of the respondent, or another person	9195
related by consanguinity or affinity to the respondent;	9196

(iii) A parent or a child of a spouse, person living as a	9197
spouse, or former spouse of the respondent, or another person	9198
related by consanguinity or affinity to a spouse, person living as	9199
a spouse, or former spouse of the respondent.	9200

(b) The natural parent of any child of whom the respondent is	9201
the other natural parent or is the putative other natural parent.	9202

(4) "Person living as a spouse" means a person who is living	9203
or has lived with the respondent in a common law marital	9204
relationship, who otherwise is cohabiting with the respondent, or	9205
who otherwise has cohabited with the respondent within five years	9206
prior to the date of the alleged occurrence of the act in	9207
question.	9208

(5) "Victim advocate" means a person who provides support and	9209
assistance for a person who files a petition under this section.	9210

(6) "Sexually oriented offense" has the same meaning as in	9211
section 2950.01 of the Revised Code.	9212

(B) The court has jurisdiction over all proceedings under	9213
this section. The petitioner's right to relief under this section	9214
is not affected by the petitioner's leaving the residence or	9215
household to avoid further domestic violence.	9216

(C) A person may seek relief under this section on the	9217
person's own behalf, or any parent or adult household member may	9218
seek relief under this section on behalf of any other family or	9219
household member, by filing a petition with the court. The	9220
petition shall contain or state:	9221

(1) An allegation that the respondent engaged in domestic	9222
violence against a family or household member of the respondent,	9223
including a description of the nature and extent of the domestic	9224
violence;	9225

(2) The relationship of the respondent to the petitioner, and	9226
to the victim if other than the petitioner;	9227

(3) A request for relief under this section.

9228

(D)(1) If a person who files a petition pursuant to this	9229
section requests an ex parte order, the court shall hold an ex	9230
parte hearing on the same day that the petition is filed. The	9231
court, for good cause shown at the ex parte hearing, may enter any	9232
temporary orders, with or without bond, including, but not limited	9233
to, an order described in division (E)(1)(a), (b), or (c) of this	9234
section, that the court finds necessary to protect the family or	9235
household member from domestic violence. Immediate and present	9236
danger of domestic violence to the family or household member	9237
constitutes good cause for purposes of this section. Immediate and	9238
present danger includes, but is not limited to, situations in	9239
which the respondent has threatened the family or household member	9240
with bodily harm, in which the respondent has threatened the	9241
family or household member with a sexually oriented offense, or in	9242
which the respondent previously has been convicted of or pleaded	9243
guilty to an offense that constitutes domestic violence against	9244
the family or household member.	9245

(2)(a) If the court, after an ex parte hearing, issues an	9246
order described in division (E)(1)(b) or (c) of this section, the	9247
court shall schedule a full hearing for a date that is within	9248
seven court days after the ex parte hearing. If any other type of	9249
protection order that is authorized under division (E) of this	9250
section is issued by the court after an ex parte hearing, the	9251
court shall schedule a full hearing for a date that is within ten	9252
court days after the ex parte hearing. The court shall give the	9253
respondent notice of, and an opportunity to be heard at, the full	9254
hearing. The court shall hold the full hearing on the date	9255
scheduled under this division unless the court grants a	9256
continuance of the hearing in accordance with this division. Under	9257
any of the following circumstances or for any of the following	9258
reasons, the court may grant a continuance of the full hearing to	9259
a reasonable time determined by the court:	9260

(i) Prior to the date scheduled for the full hearing under	9261
this division, the respondent has not been served with the	9262
petition filed pursuant to this section and notice of the full	9263
hearing.	9264

(ii) The parties consent to the continuance.

9265

(iii) The continuance is needed to allow a party to obtain	9266
counsel.	9267

(iv) The continuance is needed for other good cause.

9268

(b) An ex parte order issued under this section does not	9269
expire because of a failure to serve notice of the full hearing	9270
upon the respondent before the date set for the full hearing under	9271
division (D)(2)(a) of this section or because the court grants a	9272
continuance under that division.	9273

(3) If a person who files a petition pursuant to this section	9274
does not request an ex parte order, or if a person requests an ex	9275
parte order but the court does not issue an ex parte order after	9276
an ex parte hearing, the court shall proceed as in a normal civil	9277
action and grant a full hearing on the matter.	9278

(E)(1) After an ex parte or full hearing, the court may grant	9279
any protection order, with or without bond, or approve any consent	9280
agreement to bring about a cessation of domestic violence against	9281
the family or household members. The order or agreement may:	9282

(a) Direct the respondent to refrain from abusing or from	9283
committing sexually oriented offenses against the family or	9284
household members;	9285

(b) Grant possession of the residence or household to the	9286
petitioner or other family or household member, to the exclusion	9287
of the respondent, by evicting the respondent, when the residence	9288
or household is owned or leased solely by the petitioner or other	9289
family or household member, or by ordering the respondent to	9290
vacate the premises, when the residence or household is jointly	9291
owned or leased by the respondent, and the petitioner or other	9292
family or household member;	9293

(c) When the respondent has a duty to support the petitioner	9294
or other family or household member living in the residence or	9295
household and the respondent is the sole owner or lessee of the	9296
residence or household, grant possession of the residence or	9297
household to the petitioner or other family or household member,	9298
to the exclusion of the respondent, by ordering the respondent to	9299
vacate the premises, or, in the case of a consent agreement, allow	9300
the respondent to provide suitable, alternative housing;	9301

(d) Temporarily allocate parental rights and responsibilities	9302
for the care of, or establish temporary parenting time rights with	9303
regard to, minor children, if no other court has determined, or is	9304
determining, the allocation of parental rights and	9305
responsibilities for the minor children or parenting time rights;	9306

(e) Require the respondent to maintain support, if the	9307
respondent customarily provides for or contributes to the support	9308
of the family or household member, or if the respondent has a duty	9309
to support the petitioner or family or household member;	9310

(f) Require the respondent, petitioner, victim of domestic	9311
violence, or any combination of those persons, to seek counseling;	9312

(g) Require the respondent to refrain from entering the	9313
residence, school, business, or place of employment of the	9314
petitioner or family or household member;	9315

(h) Grant other relief that the court considers equitable and	9316
fair, including, but not limited to, ordering the respondent to	9317
permit the use of a motor vehicle by the petitioner or other	9318
family or household member and the apportionment of household and	9319
family personal property.	9320

(2) If a protection order has been issued pursuant to this	9321
section in a prior action involving the respondent and the	9322
petitioner or one or more of the family or household members or	9323
victims, the court may include in a protection order that it	9324
issues a prohibition against the respondent returning to the	9325
residence or household. If it includes a prohibition against the	9326
respondent returning to the residence or household in the order,	9327
it also shall include in the order provisions of the type	9328
described in division (E)(7) of this section. This division does	9329
not preclude the court from including in a protection order or	9330
consent agreement, in circumstances other than those described in	9331
this division, a requirement that the respondent be evicted from	9332
or vacate the residence or household or refrain from entering the	9333
residence, school, business, or place of employment of the	9334
petitioner or a family or household member, and, if the court	9335
includes any requirement of that type in an order or agreement,	9336
the court also shall include in the order provisions of the type	9337
described in division (E)(7) of this section.	9338

(3)(a) Any protection order issued or consent agreement	9339
approved under this section shall be valid until a date certain,	9340
but not later than five years from the date of its issuance or	9341
approval unless modified or terminated as provided in division	9342
(E)(8) of this section.	9343

(b) Subject to the limitation on the duration of an order or	9344
agreement set forth in division (E)(3)(a) of this section, any	9345
order under division (E)(1)(d) of this section shall terminate on	9346
the date that a court in an action for divorce, dissolution of	9347
marriage, or legal separation brought by the petitioner or	9348
respondent issues an order allocating parental rights and	9349
responsibilities for the care of children or on the date that a	9350
juvenile court in an action brought by the petitioner or	9351
respondent issues an order awarding legal custody of minor	9352
children. Subject to the limitation on the duration of an order or	9353
agreement set forth in division (E)(3)(a) of this section, any	9354
order under division (E)(1)(e) of this section shall terminate on	9355
the date that a court in an action for divorce, dissolution of	9356
marriage, or legal separation brought by the petitioner or	9357
respondent issues a support order or on the date that a juvenile	9358
court in an action brought by the petitioner or respondent issues	9359
a support order.	9360

(c) Any protection order issued or consent agreement approved	9361
pursuant to this section may be renewed in the same manner as the	9362
original order or agreement was issued or approved.	9363

(4) A court may not issue a protection order that requires a	9364
petitioner to do or to refrain from doing an act that the court	9365
may require a respondent to do or to refrain from doing under	9366
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	9367
section unless all of the following apply:	9368

(a) The respondent files a separate petition for a protection	9369
order in accordance with this section.	9370

(b) The petitioner is served notice of the respondent's	9371
petition at least forty-eight hours before the court holds a	9372
hearing with respect to the respondent's petition, or the	9373
petitioner waives the right to receive this notice.	9374

(c) If the petitioner has requested an ex parte order	9375
pursuant to division (D) of this section, the court does not delay	9376
any hearing required by that division beyond the time specified in	9377
that division in order to consolidate the hearing with a hearing	9378
on the petition filed by the respondent.	9379

(d) After a full hearing at which the respondent presents	9380
evidence in support of the request for a protection order and the	9381
petitioner is afforded an opportunity to defend against that	9382
evidence, the court determines that the petitioner has committed	9383
an act of domestic violence or has violated a temporary protection	9384
order issued pursuant to section 2919.26 of the Revised Code, that	9385
both the petitioner and the respondent acted primarily as	9386
aggressors, and that neither the petitioner nor the respondent	9387
acted primarily in self-defense.	9388

(5) No protection order issued or consent agreement approved	9389
under this section shall in any manner affect title to any real	9390
property.	9391

(6)(a) If a petitioner, or the child of a petitioner, who	9392
obtains a protection order or consent agreement pursuant to	9393
division (E)(1) of this section or a temporary protection order	9394
pursuant to section 2919.26 of the Revised Code and is the subject	9395
of a parenting time order issued pursuant to section 3109.051 or	9396
3109.12 of the Revised Code or a visitation or companionship order	9397
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	9398
Revised Code or division (E)(1)(d) of this section granting	9399
parenting time rights to the respondent, the court may require the	9400
public children services agency of the county in which the court	9401
is located to provide supervision of the respondent's exercise of	9402
parenting time or visitation or companionship rights with respect	9403
to the child for a period not to exceed nine months, if the court	9404
makes the following findings of fact:	9405

(i) The child is in danger from the respondent;

9406

(ii) No other person or agency is available to provide the	9407
supervision.	9408

(b) A court that requires an agency to provide supervision	9409
pursuant to division (E)(6)(a) of this section shall order the	9410
respondent to reimburse the agency for the cost of providing the	9411
supervision, if it determines that the respondent has sufficient	9412
income or resources to pay that cost.	9413

(7)(a) If a protection order issued or consent agreement	9414
approved under this section includes a requirement that the	9415
respondent be evicted from or vacate the residence or household or	9416
refrain from entering the residence, school, business, or place of	9417
employment of the petitioner or a family or household member, the	9418
order or agreement shall state clearly that the order or agreement	9419
cannot be waived or nullified by an invitation to the respondent	9420
from the petitioner or other family or household member to enter	9421
the residence, school, business, or place of employment or by the	9422
respondent's entry into one of those places otherwise upon the	9423
consent of the petitioner or other family or household member.	9424

(b) Division (E)(7)(a) of this section does not limit any	9425
discretion of a court to determine that a respondent charged with	9426
a violation of section 2919.27 of the Revised Code, with a	9427
violation of a municipal ordinance substantially equivalent to	9428
that section, or with contempt of court, which charge is based on	9429
an alleged violation of a protection order issued or consent	9430
agreement approved under this section, did not commit the	9431
violation or was not in contempt of court.	9432

(8)(a) The court may modify or terminate as provided in	9433
division (E)(8) of this section a protection order or consent	9434
agreement that was issued after a full hearing under this section.	9435
The court that issued the protection order or approved the consent	9436
agreement shall hear a motion for modification or termination of	9437
the protection order or consent agreement pursuant to division	9438
(E)(8) of this section.	9439

(b) Either the petitioner or the respondent of the original	9440
protection order or consent agreement may bring a motion for	9441
modification or termination of a protection order or consent	9442
agreement that was issued or approved after a full hearing. The	9443
court shall require notice of the motion to be made as provided by	9444
the Rules of Civil Procedure. If the petitioner for the original	9445
protection order or consent agreement has requested that the	9446
petitioner's address be kept confidential, the court shall not	9447
disclose the address to the respondent of the original protection	9448
order or consent agreement or any other person, except as	9449
otherwise required by law. The moving party has the burden of	9450
proof to show, by a preponderance of the evidence, that	9451
modification or termination of the protection order or consent	9452
agreement is appropriate because either the protection order or	9453
consent agreement is no longer needed or because the terms of the	9454
original protection order or consent agreement are no longer	9455
appropriate.	9456

(c) In considering whether to modify or terminate a	9457
protection order or consent agreement issued or approved under	9458
this section, the court shall consider all relevant factors,	9459
including, but not limited to, the following:	9460

(i) Whether the petitioner consents to modification or	9461
termination of the protection order or consent agreement;	9462

(ii) Whether the petitioner fears the respondent;

9463

(iii) The current nature of the relationship between the	9464
petitioner and the respondent;	9465

(iv) The circumstances of the petitioner and respondent,	9466
including the relative proximity of the petitioner's and	9467
respondent's workplaces and residences and whether the petitioner	9468
and respondent have minor children together;	9469

(v) Whether the respondent has complied with the terms and	9470
conditions of the original protection order or consent agreement;	9471

(vi) Whether the respondent has a continuing involvement with	9472
illegal drugs or alcohol;	9473

(vii) Whether the respondent has been convicted of or pleaded	9474
guilty to an offense of violence since the issuance of the	9475
protection order or approval of the consent agreement;	9476

(viii) Whether any other protection orders, consent	9477
agreements, restraining orders, or no contact orders have been	9478
issued against the respondent pursuant to this section, section	9479
2919.26 of the Revised Code, any other provision of state law, or	9480
the law of any other state;	9481

(ix) Whether the respondent has participated in any domestic	9482
violence treatment, intervention program, or other counseling	9483
addressing domestic violence and whether the respondent has	9484
completed the treatment, program, or counseling;	9485

(x) The time that has elapsed since the protection order was	9486
issued or since the consent agreement was approved;	9487

(xi) The age and health of the respondent;

9488

(xii) When the last incident of abuse, threat of harm, or	9489
commission of a sexually oriented offense occurred or other	9490
relevant information concerning the safety and protection of the	9491
petitioner or other protected parties.	9492

(d) If a protection order or consent agreement is modified or	9493
terminated as provided in division (E)(8) of this section, the	9494
court shall issue copies of the modified or terminated order or	9495
agreement as provided in division (F) of this section. A	9496
petitioner may also provide notice of the modification or	9497
termination to the judicial and law enforcement officials in any	9498
county other than the county in which the order or agreement is	9499
modified or terminated as provided in division (N) of this	9500
section.	9501

(e) If the respondent moves for modification or termination	9502
of a protection order or consent agreement pursuant to this	9503
section, the court may assess costs against the respondent for the	9504
filing of the motion.	9505

(F)(1) A copy of any protection order, or consent agreement,	9506
that is issued, approved, modified, or terminated under this	9507
section shall be issued by the court to the petitioner, to the	9508
respondent, and to all law enforcement agencies that have	9509
jurisdiction to enforce the order or agreement. The court shall	9510
direct that a copy of an order be delivered to the respondent on	9511
the same day that the order is entered.	9512

(2) Upon the issuance of a protection order or the approval	9513
of a consent agreement under this section, the court shall provide	9514
the parties to the order or agreement with the following notice	9515
orally or by form:	9516

"NOTICE	9517

As a result of this order or consent agreement, it may be	9518
unlawful for you to possess or purchase a firearm, including a	9519
rifle, pistol, or revolver, or ammunition pursuant to federal law	9520
under 18 U.S.C. 922(g)(8). If you have any questions whether this	9521
law makes it illegal for you to possess or purchase a firearm or	9522
ammunition, you should consult an attorney."	9523

(3) All law enforcement agencies shall establish and maintain	9524
an index for the protection orders and the approved consent	9525
agreements delivered to the agencies pursuant to division (F)(1)	9526
of this section. With respect to each order and consent agreement	9527
delivered, each agency shall note on the index the date and time	9528
that it received the order or consent agreement.	9529

~~(3)~~(4) Regardless of whether the petitioner has registered	9530
the order or agreement in the county in which the officer's agency	9531
has jurisdiction pursuant to division (N) of this section, any	9532
officer of a law enforcement agency shall enforce a protection	9533
order issued or consent agreement approved by any court in this	9534
state in accordance with the provisions of the order or agreement,	9535
including removing the respondent from the premises, if	9536
appropriate.	9537

(G) Any proceeding under this section shall be conducted in	9538
accordance with the Rules of Civil Procedure, except that an order	9539
under this section may be obtained with or without bond. An order	9540
issued under this section, other than an ex parte order, that	9541
grants a protection order or approves a consent agreement, that	9542
refuses to grant a protection order or approve a consent agreement	9543
that modifies or terminates a protection order or consent	9544
agreement, or that refuses to modify or terminate a protection	9545
order or consent agreement, is a final, appealable order. The	9546
remedies and procedures provided in this section are in addition	9547
to, and not in lieu of, any other available civil or criminal	9548
remedies.	9549

(H) The filing of proceedings under this section does not	9550
excuse a person from filing any report or giving any notice	9551
required by section 2151.421 of the Revised Code or by any other	9552
law. When a petition under this section alleges domestic violence	9553
against minor children, the court shall report the fact, or cause	9554
reports to be made, to a county, township, or municipal peace	9555
officer under section 2151.421 of the Revised Code.	9556

(I) Any law enforcement agency that investigates a domestic	9557
dispute shall provide information to the family or household	9558
members involved regarding the relief available under this section	9559
and section 2919.26 of the Revised Code.	9560

(J) Notwithstanding any provision of law to the contrary and	9561
regardless of whether a protection order is issued or a consent	9562
agreement is approved by a court of another county or a court of	9563
another state, no court or unit of state or local government shall	9564
charge any fee, cost, deposit, or money in connection with the	9565
filing of a petition pursuant to this section or in connection	9566
with the filing, issuance, registration, or service of a	9567
protection order or consent agreement, or for obtaining a	9568
certified copy of a protection order or consent agreement.	9569

(K)(1) The court shall comply with Chapters 3119., 3121.,	9570
3123., and 3125. of the Revised Code when it makes or modifies an	9571
order for child support under this section.	9572

(2) If any person required to pay child support under an	9573
order made under this section on or after April 15, 1985, or	9574
modified under this section on or after December 31, 1986, is	9575
found in contempt of court for failure to make support payments	9576
under the order, the court that makes the finding, in addition to	9577
any other penalty or remedy imposed, shall assess all court costs	9578
arising out of the contempt proceeding against the person and	9579
require the person to pay any reasonable attorney's fees of any	9580
adverse party, as determined by the court, that arose in relation	9581
to the act of contempt.	9582

(L)(1) A person who violates a protection order issued or a	9583
consent agreement approved under this section is subject to the	9584
following sanctions:	9585

(a) Criminal prosecution for a violation of section 2919.27	9586
of the Revised Code, if the violation of the protection order or	9587
consent agreement constitutes a violation of that section;	9588

(b) Punishment for contempt of court.

9589

(2) The punishment of a person for contempt of court for	9590
violation of a protection order issued or a consent agreement	9591
approved under this section does not bar criminal prosecution of	9592
the person for a violation of section 2919.27 of the Revised Code.	9593
However, a person punished for contempt of court is entitled to	9594
credit for the punishment imposed upon conviction of a violation	9595
of that section, and a person convicted of a violation of that	9596
section shall not subsequently be punished for contempt of court	9597
arising out of the same activity.	9598

(M) In all stages of a proceeding under this section, a	9599
petitioner may be accompanied by a victim advocate.	9600

(N)(1) A petitioner who obtains a protection order or consent	9601
agreement under this section or a temporary protection order under	9602
section 2919.26 of the Revised Code may provide notice of the	9603
issuance or approval of the order or agreement to the judicial and	9604
law enforcement officials in any county other than the county in	9605
which the order is issued or the agreement is approved by	9606
registering that order or agreement in the other county pursuant	9607
to division (N)(2) of this section and filing a copy of the	9608
registered order or registered agreement with a law enforcement	9609
agency in the other county in accordance with that division. A	9610
person who obtains a protection order issued by a court of another	9611
state may provide notice of the issuance of the order to the	9612
judicial and law enforcement officials in any county of this state	9613
by registering the order in that county pursuant to section	9614
2919.272 of the Revised Code and filing a copy of the registered	9615
order with a law enforcement agency in that county.	9616

(2) A petitioner may register a temporary protection order,	9617
protection order, or consent agreement in a county other than the	9618
county in which the court that issued the order or approved the	9619
agreement is located in the following manner:	9620

(a) The petitioner shall obtain a certified copy of the order	9621
or agreement from the clerk of the court that issued the order or	9622
approved the agreement and present that certified copy to the	9623
clerk of the court of common pleas or the clerk of a municipal	9624
court or county court in the county in which the order or	9625
agreement is to be registered.	9626

(b) Upon accepting the certified copy of the order or	9627
agreement for registration, the clerk of the court of common	9628
pleas, municipal court, or county court shall place an endorsement	9629
of registration on the order or agreement and give the petitioner	9630
a copy of the order or agreement that bears that proof of	9631
registration.	9632

(3) The clerk of each court of common pleas, the clerk of	9633
each municipal court, and the clerk of each county court shall	9634
maintain a registry of certified copies of temporary protection	9635
orders, protection orders, or consent agreements that have been	9636
issued or approved by courts in other counties and that have been	9637
registered with the clerk.	9638

Sec. 3119.023. When a court or child support enforcement	9639
agency calculates the amount of child support to be paid pursuant	9640
to a court child support order in a proceeding in which the	9641
parents have split parental rights and responsibilities with	9642
respect to the children who are the subject of the child support	9643
order, the court or child support enforcement agency shall use a	9644
worksheet that is identical in content and form to the following:	9645

CHILD SUPPORT COMPUTATION WORKSHEET	9646

SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES	9647

Name of parties ................................................	9648

Case No. .......................................................	9649

Number of minor children .......................................	9650

Number of minor children with mother .......... father .........	9651

		Column I	Column II	Column III	9652
		Father	Mother	Combined	9653
INCOME:					9654
1.a.	Annual gross income from employment or, when determined appropriate by the court or agency, average annual gross income from employment over a reasonable period of years. (Exclude overtime, bonuses, self-employment income, or commissions)				9655
		$......	$......		9656
b.	Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)				9657

Father	Mother	9658
Yr. 3 $..........	Yr. 3 $..........	9659
(Three years ago)	(Three years ago)	9660
Yr. 2 $..........	Yr. 2 $..........	9661
(Two years ago)	(Two years ago)	9662
Yr. 1 $..........	Yr. 1 $..........	9663
(Last calendar year)	(Last calendar year)	9664
Average $..........	$............	9665

	(Include in Col. I and/or Col. II the average of the three years or the year 1 amount, whichever is less, if there exists a reasonable expectation that the total earnings from overtime and/or bonuses during the current calendar year will meet or exceed the amount that is the lower of the average of the three years or the year 1 amount. If, however, there exists a reasonable expectation that the total earnings from overtime/bonuses during the current calendar year will be less than the lower of the average of the 3 years or the year 1 amount, include only the amount reasonably expected to be earned this year)				9666
		$......	$......		9667
2.	For self-employment income				9668
a.	Gross receipts from business				9669
		$......	$......		9670
b.	Ordinary and necessary business expenses				9671
		$......	$......		9672
c.	5.6% of adjusted gross income or the actual marginal difference between the actual rate paid by the self-employed individual and the F.I.C.A. rate				9673
		$......	$......		9674
d.	Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)				9675
		$......	$......		9676
3.	Annual income from interest and dividends (whether or not taxable)				9677
		$......	$......		9678
4.	Annual income from unemployment compensation				9679
		$......	$......		9680
5.	Annual income from workers' compensation, disability insurance benefits or social security disability retirement benefits				9681
		$......	$......		9682
6.	Other annual income (identify)				9683
		$......	$......		9684
7.a.	Total annual gross income (add lines 1a, 1b, 2d, and 3-6)				9685
		$......	$......		9686
b.	Health insurance maximum (multiply line 7a by 5%)				9687
		$......	$......		9688
ADJUSTMENTS TO INCOME:					9689
8.	Adjustment for minor children born to or adopted by either parent and another parent who are living with this parent; adjustment does not apply to stepchildren (number of children times federal income tax exemption less child support received, not to exceed the federal tax exemption)				9690
		$......	$......		9691
9.	Annual court-ordered support paid for other children				9692
		$......	$......		9693
10.	Annual court-ordered spousal support paid to any spouse or former spouse				9694
		$......	$......		9695
11.	Amount of local income taxes actually paid or estimated to be paid				9696
		$......	$......		9697
12.	Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)				9698
		$......	$......		9699
13.	Total gross income adjustments (add lines 8 through 12)				9700
		$......	$......		9701
14.a.	Adjusted annual gross income (subtract line 13 from 7a)				9702
		$......	$......		9703
b.	Cash medical support 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.)				9704
		$......	$......		9705
15.	Combined annual income that is basis for child support order (add line 14a, Col. I and Col. II)				9706
				$......	9707
16.	Percentage of parent's income to total income				9708
a.	Father (divide line 14a, Col. I, by line 15, Col. III) ......%				9709
b.	Mother (divide line 14a, Col. II, by line 15, Col. III) ......%				9710
17.	Basic combined child support obligation (refer to schedule, first column, locate the amount nearest to the amount on line 15, Col. III, then refer to column for number of children with this parent. If the income of the parents is more than one sum but less than another, you may calculate the difference)	For children for whom the mother is the residential parent and legal custodian	For children for whom the father is the residential parent and legal custodian		9711

		$......	$......	9712
18.	Annual support obligation per parent			9713
a.	Of father for children for whom mother is the residential parent and legal custodian (multiply line 17, Col. I, by line 16a)			9714
		$......		9715
b.	Of mother for children for whom the father is the residential parent and legal custodian (multiply line 17, Col. II, by line 16b)			9716
			$......	9717
19.	Annual child care expenses for children who are the subject of this order that are work-, employment training-, or education-related, as approved by the court or agency (deduct tax credit from annual cost whether or not claimed)	Paid by father	Paid by mother	9718
		$......	$......	9719
20.a.	Marginal, out-of-pocket costs, necessary to provide for health insurance for the children who are the subject of this order (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 order)	Paid by father	Paid by mother	9720
		$......	$......	9721
b.	Cash medical support 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 amount is lower)			9722
		$......	$......	9723

21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			9724
		Father		Mother	9725
	a.	Additions: line 16a	b.	Additions: line 16b	9726
		times sum of amounts		times sum of amounts	9727
		shown on line 19, Col. II		shown on line 19, Col. I	9728
		and line 20a, Col. II		and line 20a, Col. I	9729
		$......................		$......................	9730
	c.	Subtractions: line 16b	d.	Subtractions: line 16a	9731
		times sum of amounts		times sum of amounts	9732
		shown on line 19, Col. I		shown on line 19, Col. II	9733
		and line 20a, Col. I		and line 20a, Col. II	9734
		$.......................		$.......................	9735

22.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:			9736
a.	Father: line 18a plus line 21a minus line 21c (if the amount on line 21c is greater than or equal to the amount on line 21a--enter the number on line 18a in Col. I)			9737
		$......		9738
b.	Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by children for whom the mother is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the father			9739
		$......		9740
c.	Actual annual obligation of father (subtract line 22b from line 22a)			9741
		$......		9742
d.	Mother: line 18b plus line 21b minus line 21d (if the amount on line 21d is greater than or equal to the amount on line 21b--enter the number on line 18b in Col. II)			9743
			$......	9744
e.	Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by children for whom the father is the residential parent and legal custodian or a person on behalf of those children due to death, disability, or retirement of the mother			9745
			$......	9746
f.	Actual annual obligation of mother (subtract line 22e from line 22d)			9747
			$......	9748
g.	Actual annual obligation payable (subtract lesser actual annual obligation from greater actual annual obligation using amounts in lines 22c and 22f to determine net child support payable)			9749
		$......	$......	9750
23.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			9751

	Father		Mother	9752
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	9753
	$...............		$...............	9754
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	9755
	$...............		$...............	9756

24.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			9757
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 Col. I)	$......		9758
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 retirement of the father	$......		9759
c.	Actual annual obligation of the father (subtract line 24b from line 24a)	$......		9760
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)			9761
			$......	9762
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			9763
			$......	9764
f.	Actual annual obligation of the mother (subtract line 24e from line 24d)		$......	9765
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)			9766
		$......	$......	9767
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			9768
		$......	$......	9769

25.	Deviation from split residential parent guideline amount shown on line 22c, 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.)				9770
		9771
		9772
		9773
		9774
					9775
		WHEN	WHEN		9776
		HEALTH	HEALTH		9777
		INSURANCE	INSURANCE		9778
		IS	IS NOT		9779
		PROVIDED	PROVIDED		9780
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 25, or in Col. II enter line ~~24h~~ 24g plus or minus any amounts indicated on line 25.)				9781
		$......	$......	Father/Mother, OBLIGOR	9782
27.	FOR DECREE: Child support per month (divide obligor's annual share, line 26, by 12) plus any processing charge				9783
		$......	$......		9784
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)				9785
			$......		9786
29.	FOR DECREE: Cash medical support per month (divide line 28 by 12)				9787
			$......		9788

Prepared by:		9789
Counsel: ....................	Pro se: .................	9790
(For mother/father)		9791
CSEA: .......................	Other: ..................	9792

Worksheet Has Been Reviewed and Agreed To:	9793

...........................	...........................	9794
Mother	Date	9795
...........................	...........................	9796
Father	Date	9797

Sec. 3119.54. ~~If either~~A party to a child support order	9798
issued in accordance with section 3119.30 of the Revised Code is	9799
~~eligible for medical assistance under Chapter 5111. or 5115. of~~	9800
~~the Revised Code and the other party has obtained health insurance~~	9801
~~coverage, the party eligible for medical assistance~~ shall notify	9802
any physician, hospital, or other provider of medical services ~~for~~	9803
~~which medical assistance is available of the name and address of~~	9804
~~the other party's insurer and~~that provides medical services to	9805
the child who is the subject of the child support order of the	9806
number of ~~the other party's~~any health insurance or health care	9807
policy, contract, or plan that covers the child if the child is	9808
eligible for medical assistance under sections 5101.5211 to	9809
5101.5216 or Chapter 5111. or 5115. of the Revised Code. The party	9810
shall include in the notice the name and address of the insurer.	9811
Any physician, hospital, or other provider of medical services for	9812
which medical assistance is available under sections 5101.5211 to	9813
5101.5216 or Chapter 5111. or 5115. of the Revised Code who is	9814
notified under this ~~division~~section of the existence of a health	9815
insurance or health care policy, contract, or plan with coverage	9816
for children who are eligible for medical assistance shall first	9817
bill the insurer for any services provided for those children. If	9818
the insurer fails to pay all or any part of a claim filed under	9819
this section and the services for which the claim is filed are	9820
covered by sections 5101.5211 to 5101.5216 or Chapter 5111. or	9821
5115. of the Revised Code, the physician, hospital, or other	9822
medical services provider shall bill the remaining unpaid costs of	9823
the services in accordance with sections 5101.5211 to 5101.5216 or	9824
Chapter 5111. or 5115. of the Revised Code.	9825

Sec. 3301.0714. (A) The state board of education shall adopt	9826
rules for a statewide education management information system. The	9827
rules shall require the state board to establish guidelines for	9828
the establishment and maintenance of the system in accordance with	9829
this section and the rules adopted under this section. The	9830
guidelines shall include:	9831

(1) Standards identifying and defining the types of data in	9832
the system in accordance with divisions (B) and (C) of this	9833
section;	9834

(2) Procedures for annually collecting and reporting the data	9835
to the state board in accordance with division (D) of this	9836
section;	9837

(3) Procedures for annually compiling the data in accordance	9838
with division (G) of this section;	9839

(4) Procedures for annually reporting the data to the public	9840
in accordance with division (H) of this section.	9841

(B) The guidelines adopted under this section shall require	9842
the data maintained in the education management information system	9843
to include at least the following:	9844

(1) Student participation and performance data, for each	9845
grade in each school district as a whole and for each grade in	9846
each school building in each school district, that includes:	9847

(a) The numbers of students receiving each category of	9848
instructional service offered by the school district, such as	9849
regular education instruction, vocational education instruction,	9850
specialized instruction programs or enrichment instruction that is	9851
part of the educational curriculum, instruction for gifted	9852
students, instruction for students with disabilities, and	9853
remedial instruction. The guidelines shall require instructional	9854
services under this division to be divided into discrete	9855
categories if an instructional service is limited to a specific	9856
subject, a specific type of student, or both, such as regular	9857
instructional services in mathematics, remedial reading	9858
instructional services, instructional services specifically for	9859
students gifted in mathematics or some other subject area, or	9860
instructional services for students with a specific type of	9861
disability. The categories of instructional services required by	9862
the guidelines under this division shall be the same as the	9863
categories of instructional services used in determining cost	9864
units pursuant to division (C)(3) of this section.	9865

(b) The numbers of students receiving support or	9866
extracurricular services for each of the support services or	9867
extracurricular programs offered by the school district, such as	9868
counseling services, health services, and extracurricular sports	9869
and fine arts programs. The categories of services required by the	9870
guidelines under this division shall be the same as the categories	9871
of services used in determining cost units pursuant to division	9872
(C)(4)(a) of this section.	9873

(c) Average student grades in each subject in grades nine	9874
through twelve;	9875

(d) Academic achievement levels as assessed by the testing of	9876
student achievement under sections 3301.0710 and 3301.0711 of the	9877
Revised Code;	9878

(e) The number of students designated as having a disabling	9879
condition pursuant to division (C)(1) of section 3301.0711 of the	9880
Revised Code;	9881

(f) The numbers of students reported to the state board	9882
pursuant to division (C)(2) of section 3301.0711 of the Revised	9883
Code;	9884

(g) Attendance rates and the average daily attendance for the	9885
year. For purposes of this division, a student shall be counted as	9886
present for any field trip that is approved by the school	9887
administration.	9888

(h) Expulsion rates;

9889

(i) Suspension rates;

9890

(j) The percentage of students receiving corporal punishment;

9891

(k) Dropout rates;

9892

(l) Rates of retention in grade;

9893

(m) For pupils in grades nine through twelve, the average	9894
number of carnegie units, as calculated in accordance with state	9895
board of education rules;	9896

(n) Graduation rates, to be calculated in a manner specified	9897
by the department of education that reflects the rate at which	9898
students who were in the ninth grade three years prior to the	9899
current year complete school and that is consistent with	9900
nationally accepted reporting requirements;	9901

(o) Results of diagnostic assessments administered to	9902
kindergarten students as required under section 3301.0715 of the	9903
Revised Code to permit a comparison of the academic readiness of	9904
kindergarten students. However, no district shall be required to	9905
report to the department the results of any diagnostic assessment	9906
administered to a kindergarten student if the parent of that	9907
student requests the district not to report those results.	9908

(2) Personnel and classroom enrollment data for each school	9909
district, including:	9910

(a) The total numbers of licensed employees and nonlicensed	9911
employees and the numbers of full-time equivalent licensed	9912
employees and nonlicensed employees providing each category of	9913
instructional service, instructional support service, and	9914
administrative support service used pursuant to division (C)(3) of	9915
this section. The guidelines adopted under this section shall	9916
require these categories of data to be maintained for the school	9917
district as a whole and, wherever applicable, for each grade in	9918
the school district as a whole, for each school building as a	9919
whole, and for each grade in each school building.	9920

(b) The total number of employees and the number of full-time	9921
equivalent employees providing each category of service used	9922
pursuant to divisions (C)(4)(a) and (b) of this section, and the	9923
total numbers of licensed employees and nonlicensed employees and	9924
the numbers of full-time equivalent licensed employees and	9925
nonlicensed employees providing each category used pursuant to	9926
division (C)(4)(c) of this section. The guidelines adopted under	9927
this section shall require these categories of data to be	9928
maintained for the school district as a whole and, wherever	9929
applicable, for each grade in the school district as a whole, for	9930
each school building as a whole, and for each grade in each school	9931
building.	9932

(c) The total number of regular classroom teachers teaching	9933
classes of regular education and the average number of pupils	9934
enrolled in each such class, in each of grades kindergarten	9935
through five in the district as a whole and in each school	9936
building in the school district.	9937

(d) The number of master teachers employed by each school	9938
district and each school building, once a definition of master	9939
teacher has been developed by the educator standards board	9940
pursuant to section 3319.61 of the Revised Code.	9941

(3)(a) Student demographic data for each school district,	9942
including information regarding the gender ratio of the school	9943
district's pupils, the racial make-up of the school district's	9944
pupils, the number of limited English proficient students in the	9945
district, and an appropriate measure of the number of the school	9946
district's pupils who reside in economically disadvantaged	9947
households. The demographic data shall be collected in a manner to	9948
allow correlation with data collected under division (B)(1) of	9949
this section. Categories for data collected pursuant to division	9950
(B)(3) of this section shall conform, where appropriate, to	9951
standard practices of agencies of the federal government.	9952

(b) With respect to each student entering kindergarten,	9953
whether the student previously participated in a public preschool	9954
program, a private preschool program, or a head start program, and	9955
the number of years the student participated in each of these	9956
programs.	9957

(4) Any data required to be collected pursuant to federal	9958
law.	9959

(C) The education management information system shall include	9960
cost accounting data for each district as a whole and for each	9961
school building in each school district. The guidelines adopted	9962
under this section shall require the cost data for each school	9963
district to be maintained in a system of mutually exclusive cost	9964
units and shall require all of the costs of each school district	9965
to be divided among the cost units. The guidelines shall require	9966
the system of mutually exclusive cost units to include at least	9967
the following:	9968

(1) Administrative costs for the school district as a whole.	9969
The guidelines shall require the cost units under this division	9970
(C)(1) to be designed so that each of them may be compiled and	9971
reported in terms of average expenditure per pupil in formula ADM	9972
in the school district, as determined pursuant to section 3317.03	9973
of the Revised Code.	9974

(2) Administrative costs for each school building in the	9975
school district. The guidelines shall require the cost units under	9976
this division (C)(2) to be designed so that each of them may be	9977
compiled and reported in terms of average expenditure per	9978
full-time equivalent pupil receiving instructional or support	9979
services in each building.	9980

(3) Instructional services costs for each category of	9981
instructional service provided directly to students and required	9982
by guidelines adopted pursuant to division (B)(1)(a) of this	9983
section. The guidelines shall require the cost units under	9984
division (C)(3) of this section to be designed so that each of	9985
them may be compiled and reported in terms of average expenditure	9986
per pupil receiving the service in the school district as a whole	9987
and average expenditure per pupil receiving the service in each	9988
building in the school district and in terms of a total cost for	9989
each category of service and, as a breakdown of the total cost, a	9990
cost for each of the following components:	9991

(a) The cost of each instructional services category required	9992
by guidelines adopted under division (B)(1)(a) of this section	9993
that is provided directly to students by a classroom teacher;	9994

(b) The cost of the instructional support services, such as	9995
services provided by a speech-language pathologist, classroom	9996
aide, multimedia aide, or librarian, provided directly to students	9997
in conjunction with each instructional services category;	9998

(c) The cost of the administrative support services related	9999
to each instructional services category, such as the cost of	10000
personnel that develop the curriculum for the instructional	10001
services category and the cost of personnel supervising or	10002
coordinating the delivery of the instructional services category.	10003

(4) Support or extracurricular services costs for each	10004
category of service directly provided to students and required by	10005
guidelines adopted pursuant to division (B)(1)(b) of this section.	10006
The guidelines shall require the cost units under division (C)(4)	10007
of this section to be designed so that each of them may be	10008
compiled and reported in terms of average expenditure per pupil	10009
receiving the service in the school district as a whole and	10010
average expenditure per pupil receiving the service in each	10011
building in the school district and in terms of a total cost for	10012
each category of service and, as a breakdown of the total cost, a	10013
cost for each of the following components:	10014

(a) The cost of each support or extracurricular services	10015
category required by guidelines adopted under division (B)(1)(b)	10016
of this section that is provided directly to students by a	10017
licensed employee, such as services provided by a guidance	10018
counselor or any services provided by a licensed employee under a	10019
supplemental contract;	10020

(b) The cost of each such services category provided directly	10021
to students by a nonlicensed employee, such as janitorial	10022
services, cafeteria services, or services of a sports trainer;	10023

(c) The cost of the administrative services related to each	10024
services category in division (C)(4)(a) or (b) of this section,	10025
such as the cost of any licensed or nonlicensed employees that	10026
develop, supervise, coordinate, or otherwise are involved in	10027
administering or aiding the delivery of each services category.	10028

(D)(1) The guidelines adopted under this section shall	10029
require school districts to collect information about individual	10030
students, staff members, or both in connection with any data	10031
required by division (B) or (C) of this section or other reporting	10032
requirements established in the Revised Code. The guidelines may	10033
also require school districts to report information about	10034
individual staff members in connection with any data required by	10035
division (B) or (C) of this section or other reporting	10036
requirements established in the Revised Code. The guidelines shall	10037
not authorize school districts to request social security numbers	10038
of individual students. The guidelines shall prohibit the	10039
reporting under this section of a student's name, address, and	10040
social security number to the state board of education or the	10041
department of education. The guidelines shall also prohibit the	10042
reporting under this section of any personally identifiable	10043
information about any student, except for the purpose of assigning	10044
the data verification code required by division (D)(2) of this	10045
section, to any other person unless such person is employed by the	10046
school district or the information technology center operated	10047
under section 3301.075 of the Revised Code and is authorized by	10048
the district or technology center to have access to such	10049
information or is employed by an entity with which the department	10050
contracts for the scoring of tests administered under section	10051
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	10052
require school districts to provide the social security numbers of	10053
individual staff members.	10054

(2) The guidelines shall provide for each school district or	10055
community school to assign a data verification code that is unique	10056
on a statewide basis over time to each student whose initial Ohio	10057
enrollment is in that district or school and to report all	10058
required individual student data for that student utilizing such	10059
code. The guidelines shall also provide for assigning data	10060
verification codes to all students enrolled in districts or	10061
community schools on the effective date of the guidelines	10062
established under this section.	10063

Individual student data shall be reported to the department	10064
through the information technology centers utilizing the code but,	10065
except as provided in ~~section~~sections 3310.11, 3310.42, 3313.978,	10066
and 3317.20 of the Revised Code, at no time shall the state board	10067
or the department have access to information that would enable any	10068
data verification code to be matched to personally identifiable	10069
student data.	10070

Each school district shall ensure that the data verification	10071
code is included in the student's records reported to any	10072
subsequent school district or community school in which the	10073
student enrolls. Any such subsequent district or school shall	10074
utilize the same identifier in its reporting of data under this	10075
section.	10076

The director of health shall request and receive, pursuant to	10077
sections 3301.0723 and 3701.62 of the Revised Code, a data	10078
verification code for a child who is receiving services under	10079
division (A)(2) of section 3701.61 of the Revised Code.	10080

(E) The guidelines adopted under this section may require	10081
school districts to collect and report data, information, or	10082
reports other than that described in divisions (A), (B), and (C)	10083
of this section for the purpose of complying with other reporting	10084
requirements established in the Revised Code. The other data,	10085
information, or reports may be maintained in the education	10086
management information system but are not required to be compiled	10087
as part of the profile formats required under division (G) of this	10088
section or the annual statewide report required under division (H)	10089
of this section.	10090

(F) Beginning with the school year that begins July 1, 1991,	10091
the board of education of each school district shall annually	10092
collect and report to the state board, in accordance with the	10093
guidelines established by the board, the data required pursuant to	10094
this section. A school district may collect and report these data	10095
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	10096

(G) The state board shall, in accordance with the procedures	10097
it adopts, annually compile the data reported by each school	10098
district pursuant to division (D) of this section. The state board	10099
shall design formats for profiling each school district as a whole	10100
and each school building within each district and shall compile	10101
the data in accordance with these formats. These profile formats	10102
shall:	10103

(1) Include all of the data gathered under this section in a	10104
manner that facilitates comparison among school districts and	10105
among school buildings within each school district;	10106

(2) Present the data on academic achievement levels as	10107
assessed by the testing of student achievement maintained pursuant	10108
to division (B)(1)(d) of this section.	10109

(H)(1) The state board shall, in accordance with the	10110
procedures it adopts, annually prepare a statewide report for all	10111
school districts and the general public that includes the profile	10112
of each of the school districts developed pursuant to division (G)	10113
of this section. Copies of the report shall be sent to each school	10114
district.	10115

(2) The state board shall, in accordance with the procedures	10116
it adopts, annually prepare an individual report for each school	10117
district and the general public that includes the profiles of each	10118
of the school buildings in that school district developed pursuant	10119
to division (G) of this section. Copies of the report shall be	10120
sent to the superintendent of the district and to each member of	10121
the district board of education.	10122

(3) Copies of the reports received from the state board under	10123
divisions (H)(1) and (2) of this section shall be made available	10124
to the general public at each school district's offices. Each	10125
district board of education shall make copies of each report	10126
available to any person upon request and payment of a reasonable	10127
fee for the cost of reproducing the report. The board shall	10128
annually publish in a newspaper of general circulation in the	10129
school district, at least twice during the two weeks prior to the	10130
week in which the reports will first be available, a notice	10131
containing the address where the reports are available and the	10132
date on which the reports will be available.	10133

(I) Any data that is collected or maintained pursuant to this	10134
section and that identifies an individual pupil is not a public	10135
record for the purposes of section 149.43 of the Revised Code.	10136

(J) As used in this section:

10137

(1) "School district" means any city, local, exempted	10138
village, or joint vocational school district and, in accordance	10139
with section 3314.17 of the Revised Code, any community school. As	10140
used in division (L) of this section, "school district" also	10141
includes any educational service center or other educational	10142
entity required to submit data using the system established under	10143
this section.	10144

(2) "Cost" means any expenditure for operating expenses made	10145
by a school district excluding any expenditures for debt	10146
retirement except for payments made to any commercial lending	10147
institution for any loan approved pursuant to section 3313.483 of	10148
the Revised Code.	10149

(K) Any person who removes data from the information system	10150
established under this section for the purpose of releasing it to	10151
any person not entitled under law to have access to such	10152
information is subject to section 2913.42 of the Revised Code	10153
prohibiting tampering with data.	10154

(L)(1) In accordance with division (L)(2) of this section and	10155
the rules adopted under division (L)(10) of this section, the	10156
department of education may sanction any school district that	10157
reports incomplete or inaccurate data, reports data that does not	10158
conform to data requirements and descriptions published by the	10159
department, fails to report data in a timely manner, or otherwise	10160
does not make a good faith effort to report data as required by	10161
this section.	10162

(2) If the department decides to sanction a school district	10163
under this division, the department shall take the following	10164
sequential actions:	10165

(a) Notify the district in writing that the department has	10166
determined that data has not been reported as required under this	10167
section and require the district to review its data submission and	10168
submit corrected data by a deadline established by the department.	10169
The department also may require the district to develop a	10170
corrective action plan, which shall include provisions for the	10171
district to provide mandatory staff training on data reporting	10172
procedures.	10173

(b) Withhold up to ten per cent of the total amount of state	10174
funds due to the district for the current fiscal year and, if not	10175
previously required under division (L)(2)(a) of this section,	10176
require the district to develop a corrective action plan in	10177
accordance with that division;	10178

(c) Withhold an additional amount of up to twenty per cent of	10179
the total amount of state funds due to the district for the	10180
current fiscal year;	10181

(d) Direct department staff or an outside entity to	10182
investigate the district's data reporting practices and make	10183
recommendations for subsequent actions. The recommendations may	10184
include one or more of the following actions:	10185

(i) Arrange for an audit of the district's data reporting	10186
practices by department staff or an outside entity;	10187

(ii) Conduct a site visit and evaluation of the district;

10188

(iii) Withhold an additional amount of up to thirty per cent	10189
of the total amount of state funds due to the district for the	10190
current fiscal year;	10191

(iv) Continue monitoring the district's data reporting;

10192

(v) Assign department staff to supervise the district's data	10193
management system;	10194

(vi) Conduct an investigation to determine whether to suspend	10195
or revoke the license of any district employee in accordance with	10196
division (N) of this section;	10197

(vii) If the district is issued a report card under section	10198
3302.03 of the Revised Code, indicate on the report card that the	10199
district has been sanctioned for failing to report data as	10200
required by this section;	10201

(viii) If the district is issued a report card under section	10202
3302.03 of the Revised Code and incomplete or inaccurate data	10203
submitted by the district likely caused the district to receive a	10204
higher performance rating than it deserved under that section,	10205
issue a revised report card for the district;	10206

(ix) Any other action designed to correct the district's data	10207
reporting problems.	10208

(3) Any time the department takes an action against a school	10209
district under division (L)(2) of this section, the department	10210
shall make a report of the circumstances that prompted the action.	10211
The department shall send a copy of the report to the district	10212
superintendent or chief administrator and maintain a copy of the	10213
report in its files.	10214

(4) If any action taken under division (L)(2) of this section	10215
resolves a school district's data reporting problems to the	10216
department's satisfaction, the department shall not take any	10217
further actions described by that division. If the department	10218
withheld funds from the district under that division, the	10219
department may release those funds to the district, except that if	10220
the department withheld funding under division (L)(2)(c) of this	10221
section, the department shall not release the funds withheld under	10222
division (L)(2)(b) of this section and, if the department withheld	10223
funding under division (L)(2)(d) of this section, the department	10224
shall not release the funds withheld under division (L)(2)(b) or	10225
(c) of this section.	10226

(5) Notwithstanding anything in this section to the contrary,	10227
the department may use its own staff or an outside entity to	10228
conduct an audit of a school district's data reporting practices	10229
any time the department has reason to believe the district has not	10230
made a good faith effort to report data as required by this	10231
section. If any audit conducted by an outside entity under	10232
division (L)(2)(d)(i) or (5) of this section confirms that a	10233
district has not made a good faith effort to report data as	10234
required by this section, the district shall reimburse the	10235
department for the full cost of the audit. The department may	10236
withhold state funds due to the district for this purpose.	10237

(6) Prior to issuing a revised report card for a school	10238
district under division (L)(2)(d)(viii) of this section, the	10239
department may hold a hearing to provide the district with an	10240
opportunity to demonstrate that it made a good faith effort to	10241
report data as required by this section. The hearing shall be	10242
conducted by a referee appointed by the department. Based on the	10243
information provided in the hearing, the referee shall recommend	10244
whether the department should issue a revised report card for the	10245
district. If the referee affirms the department's contention that	10246
the district did not make a good faith effort to report data as	10247
required by this section, the district shall bear the full cost of	10248
conducting the hearing and of issuing any revised report card.	10249

(7) If the department determines that any inaccurate data	10250
reported under this section caused a school district to receive	10251
excess state funds in any fiscal year, the district shall	10252
reimburse the department an amount equal to the excess funds, in	10253
accordance with a payment schedule determined by the department.	10254
The department may withhold state funds due to the district for	10255
this purpose.	10256

(8) Any school district that has funds withheld under	10257
division (L)(2) of this section may appeal the withholding in	10258
accordance with Chapter 119. of the Revised Code.	10259

(9) In all cases of a disagreement between the department and	10260
a school district regarding the appropriateness of an action taken	10261
under division (L)(2) of this section, the burden of proof shall	10262
be on the district to demonstrate that it made a good faith effort	10263
to report data as required by this section.	10264

(10) The state board of education shall adopt rules under	10265
Chapter 119. of the Revised Code to implement division (L) of this	10266
section.	10267

(M) No information technology center or school district shall	10268
acquire, change, or update its student administration software	10269
package to manage and report data required to be reported to the	10270
department unless it converts to a student software package that	10271
is certified by the department.	10272

(N) The state board of education, in accordance with sections	10273
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	10274
license as defined under division (A) of section 3319.31 of the	10275
Revised Code that has been issued to any school district employee	10276
found to have willfully reported erroneous, inaccurate, or	10277
incomplete data to the education management information system.	10278

(O) No person shall release or maintain any information about	10279
any student in violation of this section. Whoever violates this	10280
division is guilty of a misdemeanor of the fourth degree.	10281

(P) The department shall disaggregate the data collected	10282
under division (B)(1)(o) of this section according to the race and	10283
socioeconomic status of the students assessed. No data collected	10284
under that division shall be included on the report cards required	10285
by section 3302.03 of the Revised Code.	10286

(Q) If the department cannot compile any of the information	10287
required by division (C)(5) of section 3302.03 of the Revised Code	10288
based upon the data collected under this section, the department	10289
shall develop a plan and a reasonable timeline for the collection	10290
of any data necessary to comply with that division.	10291

Sec. 3310.42. (A) Only for the purpose of administering the	10292
autism scholarship program, the department of education may	10293
request from any of the following entities the data verification	10294
code assigned under division (D)(2) of section 3301.0714 of the	10295
Revised Code to any child who is seeking a scholarship under the	10296
program:	10297

(1) The school district in which the child is entitled to	10298
attend school;	10299

(2) If applicable, the community school in which the child is	10300
enrolled;	10301

(3) The independent contractor engaged to create and maintain	10302
data verification codes.	10303

(B) Upon a request by the department under division (A) of	10304
this section for the data verification code of a child seeking a	10305
scholarship or a request by the child's parent for that code, the	10306
school district or community school shall submit that code to the	10307
department or parent in the manner specified by the department. If	10308
the child has not been assigned a code, because the child will be	10309
entering preschool or kindergarten during the school year for	10310
which the scholarship is sought, the district shall assign a code	10311
to that child and submit the code to the department or parent by a	10312
date specified by the department. If the district does not assign	10313
a code to the child by the specified date, the department shall	10314
assign a code to the child.	10315

The department annually shall submit to each school district	10316
the name and data verification code of each child residing in the	10317
district who is entering preschool or kindergarten, who has been	10318
awarded a scholarship under the program, and for whom the	10319
department has assigned a code under this division.	10320

(C) The department shall not release any data verification	10321
code that it receives under this section to any person except as	10322
provided by law.	10323

(D) Any document relative to the autism scholarship program	10324
that the department holds in its files that contains both a	10325
child's name or other personally identifiable information and the	10326
child's data verification code shall not be a public record under	10327
section 149.43 of the Revised Code.	10328

Sec. 3311.21. (A) In addition to the resolutions authorized	10329
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	10330
the Revised Code, the board of education of a joint vocational or	10331
cooperative education school district by a vote of two-thirds of	10332
its full membership may at any time adopt a resolution declaring	10333
the necessity to levy a tax in excess of the ten-mill limitation	10334
for a period not to exceed ten years to provide funds for any one	10335
or more of the following purposes, which may be stated in the	10336
following manner in such resolution, the ballot, and the notice of	10337
election: purchasing a site or enlargement thereof and for the	10338
erection and equipment of buildings; for the purpose of enlarging,	10339
improving, or rebuilding thereof; for the purpose of providing for	10340
the current expenses of the joint vocational or cooperative school	10341
district; or for a continuing period for the purpose of providing	10342
for the current expenses of the joint vocational or cooperative	10343
education school district. The resolution shall specify the amount	10344
of the proposed rate and, if a renewal, whether the levy is to	10345
renew all, or a portion of, the existing levy, and shall specify	10346
the first year in which the levy will be imposed. If the levy	10347
provides for but is not limited to current expenses, the	10348
resolution shall apportion the annual rate of the levy between	10349
current expenses and the other purpose or purposes. Such	10350
apportionment may but need not be the same for each year of the	10351
levy, but the respective portions of the rate actually levied each	10352
year for current expenses and the other purpose or purposes shall	10353
be limited by such apportionment. The portion of any such rate	10354
actually levied for current expenses of a joint vocational or	10355
cooperative education school district shall be used in applying	10356
division (A) of section 3317.01 of the Revised Code. The portion	10357
of any such rate not apportioned to the current expenses of a	10358
joint vocational or cooperative education school district shall be	10359
used in applying division (B) of this section. On the adoption of	10360
such resolution, the joint vocational or cooperative education	10361
school district board of education shall certify the resolution to	10362
the board of elections of the county containing the most populous	10363
portion of the district, which board shall receive resolutions for	10364
filing and send them to the boards of elections of each county in	10365
which territory of the district is located, furnish all ballots	10366
for the election as provided in section 3505.071 of the Revised	10367
Code, and prepare the election notice; and the board of elections	10368
of each county in which the territory of such district is located	10369
shall make the other necessary arrangements for the submission of	10370
the question to the electors of the joint vocational or	10371
cooperative education school district at the next primary or	10372
general election occurring not less than seventy-five days after	10373
the resolution was received from the joint vocational or	10374
cooperative education school district board of education, or at a	10375
special election to be held at a time designated by the district	10376
board of education consistent with the requirements of section	10377
3501.01 of the Revised Code, which date shall not be earlier than	10378
seventy-five days after the adoption and certification of the	10379
resolution.	10380

The board of elections of the county or counties in which	10381
territory of the joint vocational or cooperative education school	10382
district is located shall cause to be published in one or more	10383
newspapers of general circulation in that district an	10384
advertisement of the proposed tax levy question together with a	10385
statement of the amount of the proposed levy once a week for two	10386
consecutive weeks, prior to the election at which the question is	10387
to appear on the ballot, and, if the board of elections operates	10388
and maintains a web site, the board also shall post a similar	10389
advertisement on its web site for thirty days prior to that	10390
election.	10391

If a majority of the electors voting on the question of	10392
levying such tax vote in favor of the levy, the joint vocational	10393
or cooperative education school district board of education shall	10394
annually make the levy within the district at the rate specified	10395
in the resolution and ballot or at any lesser rate, and the county	10396
auditor of each affected county shall annually place the levy on	10397
the tax list and duplicate of each school district in the county	10398
having territory in the joint vocational or cooperative education	10399
school district. The taxes realized from the levy shall be	10400
collected at the same time and in the same manner as other taxes	10401
on the duplicate, and the taxes, when collected, shall be paid to	10402
the treasurer of the joint vocational or cooperative education	10403
school district and deposited to a special fund, which shall be	10404
established by the joint vocational or cooperative education	10405
school district board of education for all revenue derived from	10406
any tax levied pursuant to this section and for the proceeds of	10407
anticipation notes which shall be deposited in such fund. After	10408
the approval of the levy, the joint vocational or cooperative	10409
education school district board of education may anticipate a	10410
fraction of the proceeds of the levy and from time to time, during	10411
the life of the levy, but in any year prior to the time when the	10412
tax collection from the levy so anticipated can be made for that	10413
year, issue anticipation notes in an amount not exceeding fifty	10414
per cent of the estimated proceeds of the levy to be collected in	10415
each year up to a period of five years after the date of the	10416
issuance of the notes, less an amount equal to the proceeds of the	10417
levy obligated for each year by the issuance of anticipation	10418
notes, provided that the total amount maturing in any one year	10419
shall not exceed fifty per cent of the anticipated proceeds of the	10420
levy for that year. Each issue of notes shall be sold as provided	10421
in Chapter 133. of the Revised Code, and shall, except for such	10422
limitation that the total amount of such notes maturing in any one	10423
year shall not exceed fifty per cent of the anticipated proceeds	10424
of the levy for that year, mature serially in substantially equal	10425
installments, during each year over a period not to exceed five	10426
years after their issuance.	10427

(B) Prior to the application of section 319.301 of the	10428
Revised Code, the rate of a levy that is limited to, or to the	10429
extent that it is apportioned to, purposes other than current	10430
expenses shall be reduced in the same proportion in which the	10431
district's total valuation increases during the life of the levy	10432
because of additions to such valuation that have resulted from	10433
improvements added to the tax list and duplicate.	10434

(C) The form of ballot cast at an election under division (A)	10435
of this section shall be as prescribed by section 5705.25 of the	10436
Revised Code.	10437

Sec. 3311.24. (A)(1) Except as provided in division (B) of	10438
this section, the board of education of a city, exempted village,	10439
or local school district shall file with the state board of	10440
education a proposal to transfer territory from such district to	10441
an adjoining city, exempted village, or local school district in	10442
any of the following circumstances:	10443

(a) The district board deems the transfer advisable and, if	10444
the portion of the district proposed to be transferred is five	10445
acres or more, the board has obtained written consent to the	10446
transfer from seventy-five per cent of the owners of parcels of	10447
real property on the tax duplicate within that portion of the	10448
district;	10449

(b) A petition, signed by seventy-five per cent of the	10450
qualified electors residing within that portion of a city,	10451
exempted village, or local school district proposed to be	10452
transferred voting at the last general election, requests such a	10453
transfer;	10454

(c) If no qualified electors reside in that portion of the	10455
district proposed to be transferred, a petition, signed by	10456
seventy-five per cent of the owners of parcels of real property on	10457
the tax duplicate within that portion of the district, requests	10458
such a transfer.	10459

(2) The board of education of the district in which such	10460
proposal originates shall file such proposal, together with a map	10461
showing the boundaries of the territory proposed to be	10462
transferred, with the state board of education prior to the first	10463
day of April in any even-numbered year. The state board of	10464
education may, if it is advisable, provide for a hearing in any	10465
suitable place in any of the school districts affected by such	10466
proposed transfer of territory. The state board of education or	10467
its representatives shall preside at any such hearing.	10468

(3) A board of education of a city, exempted village, or	10469
local school district that receives a petition of transfer signed	10470
by electors of the district under division (A)(1)(b) of this	10471
section shall cause the board of elections to check the	10472
sufficiency of signatures on the petition. A board of education of	10473
a city, exempted village, or local school district that receives	10474
written consent or a petition of transfer signed by owners of	10475
parcels of real property under division (A)(1)(a) or (c) of this	10476
section shall cause the county auditor to check the sufficiency	10477
of signatures on the consent or petition.	10478

(4) Not later than the first day of September the state board	10479
of education shall either approve or disapprove a proposed	10480
transfer of territory filed with it as provided by this section	10481
and shall notify, in writing, the boards of education of the	10482
districts affected by such proposed transfer of territory of its	10483
decision.	10484

If the decision of the state board of education is an	10485
approval of the proposed transfer of territory then the board of	10486
education of the district in which the territory is located shall,	10487
within thirty days after receiving the state board of education's	10488
decision, adopt a resolution transferring the territory and shall	10489
forthwith submit a copy of such resolution to the treasurer of the	10490
board of education of the city, exempted village, or local school	10491
district to which the territory is transferred. Such transfer	10492
shall not be complete however, until:	10493

(a) A resolution accepting the transfer has been passed by a	10494
majority vote of the full membership of the board of education of	10495
the city, exempted village, or local school district to which the	10496
territory is transferred;	10497

(b) An equitable division of the funds and indebtedness	10498
between the districts involved has been made by the board of	10499
education making the transfer;	10500

(c) A map showing the boundaries of the territory transferred	10501
has been filed, by the board of education accepting the transfer,	10502
with the county auditor of each county affected by the transfer.	10503

When such transfer is complete the legal title of the school	10504
property in the territory transferred shall be vested in the board	10505
of education or governing board of the school district to which	10506
the territory is transferred.	10507

(B) Whenever the transfer of territory pursuant to this	10508
section is initiated by a board of education, the board shall,	10509
before filing a proposal for transfer with the state board of	10510
education under this section, make a good faith effort to	10511
negotiate the terms of transfer with any other school district	10512
whose territory would be affected by the transfer. Before the	10513
state board may hold a hearing on the transfer, or approve or	10514
disapprove any such transfer, it must receive the following:	10515

(1) A resolution requesting approval of the transfer, passed	10516
by the school district submitting the proposal and, if applicable,	10517
evidence of the consent of affected property owners to the	10518
transfer;	10519

(2) Evidence determined to be sufficient by the state board	10520
to show that good faith negotiations have taken place or that the	10521
district requesting the transfer has made a good faith effort to	10522
hold such negotiations;	10523

(3) If any negotiations took place, a statement signed by all	10524
boards that participated in the negotiations, listing the terms	10525
agreed on and the points on which no agreement could be reached.	10526

Negotiations held pursuant to this section shall be governed	10527
by the rules adopted by the state board under division (D) of	10528
section 3311.06 of the Revised Code. Districts involved in a	10529
transfer under division (B) of this section may agree to share	10530
revenues from the property included in the territory to be	10531
transferred, establish cooperative programs between the	10532
participating districts, and establish mechanisms for the	10533
settlement of any future boundary disputes.	10534

Sec. 3313.842. (A) The boards of education of any two or	10535
more school districts may enter into an agreement for joint or	10536
cooperative establishment and operation of any educational program	10537
including any class, course, or program that may be included in a	10538
school district's graded course of study and staff development	10539
programs for teaching and nonteaching school employees. Each	10540
school district that is party to such an agreement may contribute	10541
funds of the district in support of the agreement and for the	10542
establishment and operation of any educational program established	10543
under the agreement. The agreement shall designate one of the	10544
districts as the district responsible for receiving and disbursing	10545
the funds contributed by the districts that are parties to the	10546
agreement.	10547

(B) Notwithstanding sections 3313.48 and 3313.64 of the	10548
Revised Code, any district that is party to an agreement for joint	10549
or cooperative establishment and operation of an educational	10550
program may charge fees or tuition for students who participate in	10551
the program and are entitled to attend school in the district	10552
under section 3313.64 or 3313.65 of the Revised Code.	10553

Sec. 3313.978. (A) Annually by the first day of November,	10554
the superintendent of public instruction shall notify the pilot	10555
project school district of the number of initial scholarships that	10556
the state superintendent will be awarding in each of grades	10557
kindergarten through eight.	10558

The state superintendent shall provide information about the	10559
scholarship program to all students residing in the district,	10560
shall accept applications from any such students until such date	10561
as shall be established by the state superintendent as a deadline	10562
for applications, and shall establish criteria for the selection	10563
of students to receive scholarships from among all those applying	10564
prior to the deadline, which criteria shall give preference to	10565
students from low-income families. For each student selected, the	10566
state superintendent shall also determine whether the student	10567
qualifies for seventy-five or ninety per cent of the scholarship	10568
amount. Students whose family income is at or above two hundred	10569
per cent of the maximum income level established by the state	10570
superintendent for low-income families shall qualify for	10571
seventy-five per cent of the scholarship amount and students whose	10572
family income is below two hundred per cent of that maximum income	10573
level shall qualify for ninety per cent of the scholarship amount.	10574
The state superintendent shall notify students of their selection	10575
prior to the fifteenth day of January and whether they qualify for	10576
seventy-five or ninety per cent of the scholarship amount.	10577

(1) A student receiving a pilot project scholarship may	10578
utilize it at an alternative public school by notifying the	10579
district superintendent, at any time before the beginning of the	10580
school year, of the name of the public school in an adjacent	10581
school district to which the student has been accepted pursuant to	10582
section 3327.06 of the Revised Code.	10583

(2) A student may decide to utilize a pilot project	10584
scholarship at a registered private school in the district if all	10585
of the following conditions are met:	10586

(a) By the fifteenth day of February of the preceding school	10587
year, or at any time prior to the start of the school year, the	10588
parent makes an application on behalf of the student to a	10589
registered private school.	10590

(b) The registered private school notifies the parent and the	10591
state superintendent as follows that the student has been	10592
admitted:	10593

(i) By the fifteenth day of March of the preceding school	10594
year if the student filed an application by the fifteenth day of	10595
February and was admitted by the school pursuant to division (A)	10596
of section 3313.977 of the Revised Code;	10597

(ii) Within one week of the decision to admit the student if	10598
the student is admitted pursuant to division (C) of section	10599
3313.977 of the Revised Code.	10600

(c) The student actually enrolls in the registered private	10601
school to which the student was first admitted or in another	10602
registered private school in the district or in a public school in	10603
an adjacent school district.	10604

(B) The state superintendent shall also award in any school	10605
year tutorial assistance grants to a number of students equal to	10606
the number of students who receive scholarships under division (A)	10607
of this section. Tutorial assistance grants shall be awarded	10608
solely to students who are enrolled in the public schools of the	10609
district in a grade level covered by the pilot project. Tutorial	10610
assistance grants may be used solely to obtain tutorial assistance	10611
from a provider approved pursuant to division (D) of section	10612
3313.976 of the Revised Code.	10613

All students wishing to obtain tutorial assistance grants	10614
shall make application to the state superintendent by the first	10615
day of the school year in which the assistance will be used. The	10616
state superintendent shall award assistance grants in accordance	10617
with criteria the superintendent shall establish. For each student	10618
awarded a grant, the state superintendent shall also determine	10619
whether the student qualifies for seventy-five or ninety per cent	10620
of the grant amount and so notify the student. Students whose	10621
family income is at or above two hundred per cent of the maximum	10622
income level established by the state superintendent for	10623
low-income families shall qualify for seventy-five per cent of the	10624
grant amount and students whose family income is below two hundred	10625
per cent of that maximum income level shall qualify for ninety per	10626
cent of the grant amount.	10627

(C)(1) In the case of basic scholarships for students in	10628
grades kindergarten through eight, the scholarship amount shall	10629
not exceed the lesser of the tuition charges of the alternative	10630
school the scholarship recipient attends or three thousand	10631
dollars before fiscal year 2007 and three thousand four hundred	10632
fifty dollars in fiscal year 2007 and thereafter.	10633

In the case of basic scholarships for students in grades nine	10634
through twelve, the scholarship amount shall not exceed the lesser	10635
of the tuition charges of the alternative school the scholarship	10636
recipient attends or two thousand seven hundred dollars before	10637
fiscal year 2007 and three thousand four hundred fifty dollars in	10638
fiscal year 2007 and thereafter.	10639

(2) The state superintendent shall provide for an increase in	10640
the basic scholarship amount in the case of any student who is a	10641
mainstreamed student with a disability and shall further increase	10642
such amount in the case of any separately educated student with a	10643
disability. Such increases shall take into account the	10644
instruction, related services, and transportation costs of	10645
educating such students.	10646

(3) In the case of tutorial assistance grants, the grant	10647
amount shall not exceed the lesser of the provider's actual	10648
charges for such assistance or:	10649

(a) Before fiscal year 2007, a percentage established by the	10650
state superintendent, not to exceed twenty per cent, of the amount	10651
of the pilot project school district's average basic scholarship	10652
amount;	10653

(b) In fiscal year 2007 and thereafter, four hundred dollars.

10654

(4) No scholarship or tutorial assistance grant shall be	10655
awarded unless the state superintendent determines that	10656
twenty-five or ten per cent, as applicable, of the amount	10657
specified for such scholarship or grant pursuant to division	10658
(C)(1), (2), or (3) of this section will be furnished by a	10659
political subdivision, a private nonprofit or for profit entity,	10660
or another person. Only seventy-five or ninety per cent of such	10661
amounts, as applicable, shall be paid from state funds pursuant to	10662
section 3313.979 of the Revised Code.	10663

(D)(1) Annually by the first day of November, the state	10664
superintendent shall estimate the maximum per-pupil scholarship	10665
amounts for the ensuing school year. The state superintendent	10666
shall make this estimate available to the general public at the	10667
offices of the district board of education together with the forms	10668
required by division (D)(2) of this section.	10669

(2) Annually by the fifteenth day of January, the chief	10670
administrator of each registered private school located in the	10671
pilot project district and the principal of each public school in	10672
such district shall complete a parental information form and	10673
forward it to the president of the board of education. The	10674
parental information form shall be prescribed by the department of	10675
education and shall provide information about the grade levels	10676
offered, the numbers of students, tuition amounts, achievement	10677
test results, and any sectarian or other organizational	10678
affiliations.	10679

(E)(1) Only for the purpose of administering the pilot	10680
project scholarship program, the department may request from any	10681
of the following entities the data verification code assigned	10682
under division (D)(2) of section 3301.0714 of the Revised Code to	10683
any student who is seeking a scholarship under the program:	10684

(a) The school district in which the student is entitled to	10685
attend school under section 3313.64 or 3313.65 of the Revised	10686
Code;	10687

(b) If applicable, the community school in which the student	10688
is enrolled;	10689

(c) The independent contractor engaged to create and maintain	10690
data verification codes.	10691

(2) Upon a request by the department under division (E)(1) of	10692
this section for the data verification code of a student seeking a	10693
scholarship or a request by the student's parent for that code,	10694
the school district or community school shall submit that code to	10695
the department or parent in the manner specified by the	10696
department. If the student has not been assigned a code, because	10697
the student will be entering kindergarten during the school year	10698
for which the scholarship is sought, the district shall assign a	10699
code to that student and submit the code to the department or	10700
parent by a date specified by the department. If the district does	10701
not assign a code to the student by the specified date, the	10702
department shall assign a code to the student.	10703

The department annually shall submit to each school district	10704
the name and data verification code of each student residing in	10705
the district who is entering kindergarten, who has been awarded a	10706
scholarship under the program, and for whom the department has	10707
assigned a code under this division.	10708

(3) The department shall not release any data verification	10709
code that it receives under division (E) of this section to any	10710
person except as provided by law.	10711

(F) Any document relative to the pilot project scholarship	10712
program that the department holds in its files that contains both	10713
a student's name or other personally identifiable information and	10714
the student's data verification code shall not be a public record	10715
under section 149.43 of the Revised Code.	10716

Sec. 3314.016. (A) After June 30, 2007, a new start-up	10717
school may be established under this chapter only if the school's	10718
governing authority enters into a contract with an operator that	10719
manages other schools in the United States that perform at a level	10720
higher than academic watch. The governing authority of the	10721
community school may sign a contract with an operator only if the	10722
operator has fewer contracts with the governing authorities of new	10723
start-up schools established under this chapter after June 30,	10724
2007, than the number of schools managed by the operator in the	10725
United States that perform at a level higher than academic watch,	10726
as determined by the department of education.	10727

(B) Notwithstanding division (A) of this section, the	10728
governing authority of a start-up school sponsored by an entity	10729
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	10730
Revised Code may establish one additional school serving the same	10731
grade levels and providing the same educational program as the	10732
current start-up school and may open that additional school in the	10733
2007-2008 school year, if both of the following conditions are	10734
met:	10735

(1) The governing authority entered into another contract	10736
with the same sponsor or a different sponsor described in	10737
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	10738
and filed a copy of that contract with the superintendent of	10739
public instruction prior to March 15, 2006.	10740

(2) The governing authority's current school satisfies all of	10741
the following conditions:	10742

(a) The school currently is rated as excellent or effective	10743
pursuant to section 3302.03 of the Revised Code.	10744

(b) The school made adequate yearly progress, as defined in	10745
section 3302.01 of the Revised Code, for the previous school year.	10746

(c) The school has been in operation for at least four school	10747
years.	10748

(d) The school is not managed by an operator.

10749

(C) Notwithstanding division (A) of this section, the	10750
governing authority of a start-up school sponsored by the big	10751
eight school district in which the school is located may establish	10752
one additional start-up school that is located in the same school	10753
district and that provides a general educational program to	10754
students in any or all of grades kindergarten through five to	10755
facilitate their transition to the current start-up school, and	10756
may open the additional start-up school in the 2009-2010 school	10757
year, if both of the following conditions are met:	10758

(1) The governing authority enters into another contract with	10759
the same sponsor and files a copy of the contract with the	10760
superintendent of public instruction prior to March 15, 2009.	10761

(2) The governing authority's current school satisfies all of	10762
the following conditions:	10763

(a) The school provided instruction to students for eleven	10764
months in the previous school year.	10765

(b) The school has been in operation for at least two school	10766
years.	10767

(c) The school qualified to be rated in need of continuous	10768
improvement or higher pursuant to section 3302.03 of the Revised	10769
Code for its first school year of operation, even though the	10770
department of education did not issue a report card for the	10771
school for that school year.	10772

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

10773

(1) "Sponsor" means an entity listed in division (C)(1) of	10774
this section, which has been approved by the department of	10775
education to sponsor community schools and with which the	10776
governing authority of the proposed community school enters into a	10777
contract pursuant to this section.	10778

(2) "Pilot project area" means the school districts included	10779
in the territory of the former community school pilot project	10780
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	10781
the 122nd general assembly.	10782

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

10783

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

10784

(b) A school district that is either in a state of academic	10785
emergency or in a state of academic watch under section 3302.03 of	10786
the Revised Code;	10787

10788

(4) "Big eight school district" means a school district that	10789
for fiscal year 1997 had both of the following:	10790

(a) A percentage of children residing in the district and	10791
participating in the predecessor of Ohio works first greater than	10792
thirty per cent, as reported pursuant to section 3317.10 of the	10793
Revised Code;	10794

(b) An average daily membership greater than twelve thousand,	10795
as reported pursuant to former division (A) of section 3317.03 of	10796
the Revised Code.	10797

(5) "New start-up school" means a community school other than	10798
one created by converting all or part of an existing public school	10799
or educational service center building, as designated in the	10800
school's contract pursuant to division (A)(17) of section 3314.03	10801
of the Revised Code.	10802

(6) "Urban school district" means one of the state's	10803
twenty-one urban school districts as defined in division (O) of	10804
section 3317.02 of the Revised Code as that section existed prior	10805
to July 1, 1998.	10806

(7) "Internet- or computer-based community school" means a	10807
community school established under this chapter in which the	10808
enrolled students work primarily from their residences on	10809
assignments in nonclassroom-based learning opportunities provided	10810
via an internet- or other computer-based instructional method that	10811
does not rely on regular classroom instruction or via	10812
comprehensive instructional methods that include internet-based,	10813
other computer-based, and noncomputer-based learning	10814
opportunities.	10815

(B) Any person or group of individuals may initially propose	10816
under this division the conversion of all or a portion of a public	10817
school or a building operated by an educational service center to	10818
a community school. The proposal shall be made to the board of	10819
education of the city, local, or exempted village school district	10820
in which the public school is proposed to be converted or, in the	10821
case of the conversion of a building operated by an educational	10822
service center, to the governing board of the service center. Upon	10823
receipt of a proposal, a board may enter into a preliminary	10824
agreement with the person or group proposing the conversion of the	10825
public school or service center building, indicating the intention	10826
of the board ~~of education~~ to support the conversion to a	10827
community school. A proposing person or group that has a	10828
preliminary agreement under this division may proceed to finalize	10829
plans for the school, establish a governing authority for the	10830
school, and negotiate a contract with the board ~~of education~~.	10831
Provided the proposing person or group adheres to the preliminary	10832
agreement and all provisions of this chapter, the board of	10833
~~education~~ shall negotiate in good faith to enter into a contract	10834
in accordance with section 3314.03 of the Revised Code and	10835
division (C) of this section.	10836

(C)(1) Any person or group of individuals may propose under	10837
this division the establishment of a new start-up school to be	10838
located in a challenged school district. The proposal may be made	10839
to any of the following entities:	10840

(a) The board of education of the district in which the	10841
school is proposed to be located;	10842

(b) The board of education of any joint vocational school	10843
district with territory in the county in which is located the	10844
majority of the territory of the district in which the school is	10845
proposed to be located;	10846

(c) The board of education of any other city, local, or	10847
exempted village school district having territory in the same	10848
county where the district in which the school is proposed to be	10849
located has the major portion of its territory;	10850

(d) The governing board of any educational service center, as	10851
long as the proposed school will be located in a county within the	10852
territory of the service center or in a county contiguous to such	10853
county;	10854

(e) A sponsoring authority designated by the board of	10855
trustees of any of the thirteen state universities listed in	10856
section 3345.011 of the Revised Code or the board of trustees	10857
itself as long as a mission of the proposed school to be specified	10858
in the contract under division (A)(2) of section 3314.03 of the	10859
Revised Code and as approved by the department of education under	10860
division (B)(2) of section 3314.015 of the Revised Code will be	10861
the practical demonstration of teaching methods, educational	10862
technology, or other teaching practices that are included in the	10863
curriculum of the university's teacher preparation program	10864
approved by the state board of education;	10865

(f) Any qualified tax-exempt entity under section 501(c)(3)	10866
of the Internal Revenue Code as long as all of the following	10867
conditions are satisfied:	10868

(i) The entity has been in operation for at least five years	10869
prior to applying to be a community school sponsor.	10870

(ii) The entity has assets of at least five hundred thousand	10871
dollars and a demonstrated record of financial responsibility.	10872

(iii) The department of education has determined that the	10873
entity is an education-oriented entity under division (B)(3) of	10874
section 3314.015 of the Revised Code and the entity has a	10875
demonstrated record of successful implementation of educational	10876
programs.	10877

(iv) The entity is not a community school.

10878

Any entity described in division (C)(1) of this section may	10879
enter into a preliminary agreement pursuant to division (C)(2) of	10880
this section with the proposing person or group.	10881

(2) A preliminary agreement indicates the intention of an	10882
entity described in division (C)(1) of this section to sponsor the	10883
community school. A proposing person or group that has such a	10884
preliminary agreement may proceed to finalize plans for the	10885
school, establish a governing authority as described in division	10886
(E) of this section for the school, and negotiate a contract with	10887
the entity. Provided the proposing person or group adheres to the	10888
preliminary agreement and all provisions of this chapter, the	10889
entity shall negotiate in good faith to enter into a contract in	10890
accordance with section 3314.03 of the Revised Code.	10891

(3) A new start-up school that is established in a school	10892
district while that district is either in a state of academic	10893
emergency or in a state of academic watch under section 3302.03 of	10894
the Revised Code may continue in existence once the school	10895
district is no longer in a state of academic emergency or academic	10896
watch, provided there is a valid contract between the school and a	10897
sponsor.	10898

(4) A copy of every preliminary agreement entered into under	10899
this division shall be filed with the superintendent of public	10900
instruction.	10901

(D) A majority vote of the board of a sponsoring entity and a	10902
majority vote of the members of the governing authority of a	10903
community school shall be required to adopt a contract and convert	10904
the public school or educational service center building to a	10905
community school or establish the new start-up school. Beginning	10906
September 29, 2005, adoption of the contract shall occur not	10907
later than the fifteenth day of March, and signing of the	10908
contract shall occur not later than the fifteenth day of May,	10909
prior to the school year in which the school will open. The	10910
governing authority shall notify the department of education when	10911
the contract has been signed. Subject to sections 3314.013,	10912
3314.014, 3314.016, and 3314.017 of the Revised Code, an	10913
unlimited number of community schools may be established in any	10914
school district provided that a contract is entered into for each	10915
community school pursuant to this chapter.	10916

(E)(1) As used in this division, "immediate relatives" are	10917
limited to spouses, children, parents, grandparents, siblings, and	10918
in-laws.	10919

Each new start-up community school established under this	10920
chapter shall be under the direction of a governing authority	10921
which shall consist of a board of not less than five individuals.	10922

No person shall serve on the governing authority or operate	10923
the community school under contract with the governing authority	10924
so long as the person owes the state any money or is in a dispute	10925
over whether the person owes the state any money concerning the	10926
operation of a community school that has closed.	10927

(2) No person shall serve on the governing authorities of	10928
more than two start-up community schools at the same time.	10929

(3) No present or former member, or immediate relative of a	10930
present or former member, of the governing authority of any	10931
community school established under this chapter shall be an owner,	10932
employee, or consultant of any nonprofit or for-profit operator of	10933
a community school, unless at least one year has elapsed since the	10934
conclusion of the person's membership.	10935

(F) ~~Nothing in this chapter shall be construed to permit the~~	10936
~~establishment of a community school in more than one school~~	10937
~~district under the same contract.~~	10938

~~(G)~~(1) A new start-up school that is established prior to	10939
August 15, 2003, in an urban school district that is not also a	10940
big-eight school district may continue to operate after that date	10941
and the contract between the school's governing authority and the	10942
school's sponsor may be renewed, as provided under this chapter,	10943
after that date, but no additional new start-up schools may be	10944
established in such a district unless the district is a challenged	10945
school district as defined in this section as it exists on and	10946
after that date.	10947

(2) A community school that was established prior to June	10948
29, 1999, and is located in a county contiguous to the pilot	10949
project area and in a school district that is not a challenged	10950
school district may continue to operate after that date, provided	10951
the school complies with all provisions of this chapter. The	10952
contract between the school's governing authority and the	10953
school's sponsor may be renewed, but no additional start-up	10954
community school may be established in that district unless the	10955
district is a challenged school district.	10956

(3) Any educational service center that, on ~~the effective~~	10957
~~date of this amendment~~June 30, 2007, sponsors a community school	10958
that is not located in a county within the territory of the	10959
service center or in a county contiguous to such county may	10960
continue to sponsor that community school on and after ~~the~~	10961
~~effective date of this amendment~~June 30, 2007, and may renew its	10962
contract with the school. However, the educational service center	10963
shall not enter into a contract with any additional community	10964
school unless the school is located in a county within the	10965
territory of the service center or in a county contiguous to such	10966
county.	10967

Sec. 3314.03. A copy of every contract entered into under	10968
this section shall be filed with the superintendent of public	10969
instruction.	10970

(A) Each contract entered into between a sponsor and the	10971
governing authority of a community school shall specify the	10972
following:	10973

(1) That the school shall be established as either of the	10974
following:	10975

(a) A nonprofit corporation established under Chapter 1702.	10976
of the Revised Code, if established prior to April 8, 2003;	10977

(b) A public benefit corporation established under Chapter	10978
1702. of the Revised Code, if established after April 8, 2003;	10979

(2) The education program of the school, including the	10980
school's mission, the characteristics of the students the school	10981
is expected to attract, the ages and grades of students, and the	10982
focus of the curriculum;	10983

(3) The academic goals to be achieved and the method of	10984
measurement that will be used to determine progress toward those	10985
goals, which shall include the statewide achievement tests;	10986

(4) Performance standards by which the success of the school	10987
will be evaluated by the sponsor;	10988

(5) The admission standards of section 3314.06 of the Revised	10989
Code and, if applicable, section 3314.061 of the Revised Code;	10990

(6)(a) Dismissal procedures;

10991

(b) A requirement that the governing authority adopt an	10992
attendance policy that includes a procedure for automatically	10993
withdrawing a student from the school if the student without a	10994
legitimate excuse fails to participate in one hundred five	10995
consecutive hours of the learning opportunities offered to the	10996
student.	10997

(7) The ways by which the school will achieve racial and	10998
ethnic balance reflective of the community it serves;	10999

(8) Requirements for financial audits by the auditor of	11000
state. The contract shall require financial records of the school	11001
to be maintained in the same manner as are financial records of	11002
school districts, pursuant to rules of the auditor of state, and	11003
the audits shall be conducted in accordance with section 117.10 of	11004
the Revised Code.	11005

(9) The facilities to be used and their locations;

11006

(10) Qualifications of teachers, including a requirement that	11007
the school's classroom teachers be licensed in accordance with	11008
sections 3319.22 to 3319.31 of the Revised Code, except that a	11009
community school may engage noncertificated persons to teach up to	11010
twelve hours per week pursuant to section 3319.301 of the Revised	11011
Code;	11012

(11) That the school will comply with the following	11013
requirements:	11014

(a) The school will provide learning opportunities to a	11015
minimum of twenty-five students for a minimum of nine hundred	11016
twenty hours per school year;	11017

(b) The governing authority will purchase liability	11018
insurance, or otherwise provide for the potential liability of the	11019
school;	11020

(c) The school will be nonsectarian in its programs,	11021
admission policies, employment practices, and all other	11022
operations, and will not be operated by a sectarian school or	11023
religious institution;	11024

(d) The school will comply with sections 9.90, 9.91, 109.65,	11025
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	11026
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	11027
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	11028
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	11029
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	11030
3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321,	11031
3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	11032
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	11033
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	11034
and 4167. of the Revised Code as if it were a school district and	11035
will comply with section 3301.0714 of the Revised Code in the	11036
manner specified in section 3314.17 of the Revised Code;	11037

(e) The school shall comply with Chapter 102. and section	11038
2921.42 of the Revised Code;	11039

(f) The school will comply with sections 3313.61, 3313.611,	11040
and 3313.614 of the Revised Code, except that for students who	11041
enter ninth grade for the first time before July 1, 2010, the	11042
requirement in sections 3313.61 and 3313.611 of the Revised Code	11043
that a person must successfully complete the curriculum in any	11044
high school prior to receiving a high school diploma may be met by	11045
completing the curriculum adopted by the governing authority of	11046
the community school rather than the curriculum specified in Title	11047
XXXIII of the Revised Code or any rules of the state board of	11048
education. Beginning with students who enter ninth grade for the	11049
first time on or after July 1, 2010, the requirement in sections	11050
3313.61 and 3313.611 of the Revised Code that a person must	11051
successfully complete the curriculum of a high school prior to	11052
receiving a high school diploma shall be met by completing the	11053
Ohio core curriculum prescribed in division (C) of section	11054
3313.603 of the Revised Code, unless the person qualifies under	11055
division (D) or (F) of that section. Each school shall comply with	11056
the plan for awarding high school credit based on demonstration of	11057
subject area competency, adopted by the state board of education	11058
under division (J) of section 3313.603 of the Revised Code.	11059

(g) The school governing authority will submit within four	11060
months after the end of each school year a report of its	11061
activities and progress in meeting the goals and standards of	11062
divisions (A)(3) and (4) of this section and its financial status	11063
to the sponsor and the parents of all students enrolled in the	11064
school.	11065

(h) The school, unless it is an internet- or computer-based	11066
community school, will comply with section 3313.801 of the Revised	11067
Code as if it were a school district.	11068

(12) Arrangements for providing health and other benefits to	11069
employees;	11070

(13) The length of the contract, which shall begin at the	11071
beginning of an academic year. No contract shall exceed five years	11072
unless such contract has been renewed pursuant to division (E) of	11073
this section.	11074

(14) The governing authority of the school, which shall be	11075
responsible for carrying out the provisions of the contract;	11076

(15) A financial plan detailing an estimated school budget	11077
for each year of the period of the contract and specifying the	11078
total estimated per pupil expenditure amount for each such year.	11079
The plan shall specify for each year the base formula amount that	11080
will be used for purposes of funding calculations under section	11081
3314.08 of the Revised Code. This base formula amount for any year	11082
shall not exceed the formula amount defined under section 3317.02	11083
of the Revised Code. The plan may also specify for any year a	11084
percentage figure to be used for reducing the per pupil amount of	11085
the subsidy calculated pursuant to section 3317.029 of the Revised	11086
Code the school is to receive that year under section 3314.08 of	11087
the Revised Code.	11088

(16) Requirements and procedures regarding the disposition of	11089
employees of the school in the event the contract is terminated or	11090
not renewed pursuant to section 3314.07 of the Revised Code;	11091

(17) Whether the school is to be created by converting all or	11092
part of an existing public school or educational service center	11093
building or is to be a new start-up school, and if it is a	11094
converted public school or service center building, specification	11095
of any duties or responsibilities of an employer that the board of	11096
education or service center governing board that operated the	11097
school or building before conversion is delegating to the	11098
governing ~~board~~authority of the community school with respect to	11099
all or any specified group of employees provided the delegation is	11100
not prohibited by a collective bargaining agreement applicable to	11101
such employees;	11102

(18) Provisions establishing procedures for resolving	11103
disputes or differences of opinion between the sponsor and the	11104
governing authority of the community school;	11105

(19) A provision requiring the governing authority to adopt a	11106
policy regarding the admission of students who reside outside the	11107
district in which the school is located. That policy shall comply	11108
with the admissions procedures specified in sections 3314.06 and	11109
3314.061 of the Revised Code and, at the sole discretion of the	11110
authority, shall do one of the following:	11111

(a) Prohibit the enrollment of students who reside outside	11112
the district in which the school is located;	11113

(b) Permit the enrollment of students who reside in districts	11114
adjacent to the district in which the school is located;	11115

(c) Permit the enrollment of students who reside in any other	11116
district in the state.	11117

(20) A provision recognizing the authority of the department	11118
of education to take over the sponsorship of the school in	11119
accordance with the provisions of division (C) of section 3314.015	11120
of the Revised Code;	11121

(21) A provision recognizing the sponsor's authority to	11122
assume the operation of a school under the conditions specified in	11123
division (B) of section 3314.073 of the Revised Code;	11124

(22) A provision recognizing both of the following:

11125

(a) The authority of public health and safety officials to	11126
inspect the facilities of the school and to order the facilities	11127
closed if those officials find that the facilities are not in	11128
compliance with health and safety laws and regulations;	11129

(b) The authority of the department of education as the	11130
community school oversight body to suspend the operation of the	11131
school under section 3314.072 of the Revised Code if the	11132
department has evidence of conditions or violations of law at the	11133
school that pose an imminent danger to the health and safety of	11134
the school's students and employees and the sponsor refuses to	11135
take such action;	11136

(23) A description of the learning opportunities that will be	11137
offered to students including both classroom-based and	11138
non-classroom-based learning opportunities that is in compliance	11139
with criteria for student participation established by the	11140
department under division (L)(2) of section 3314.08 of the Revised	11141
Code;	11142

(24) The school will comply with section 3302.04 of the	11143
Revised Code, including division (E) of that section to the extent	11144
possible, except that any action required to be taken by a school	11145
district pursuant to that section shall be taken by the sponsor of	11146
the school. However, the sponsor shall not be required to take any	11147
action described in division (F) of that section.	11148

(25) Beginning in the 2006-2007 school year, the school will	11149
open for operation not later than the thirtieth day of September	11150
each school year, unless the mission of the school as specified	11151
under division (A)(2) of this section is solely to serve dropouts.	11152
In its initial year of operation, if the school fails to open by	11153
the thirtieth day of September, or within one year after the	11154
adoption of the contract pursuant to division (D) of section	11155
3314.02 of the Revised Code if the mission of the school is solely	11156
to serve dropouts, the contract shall be void.	11157

(B) The community school shall also submit to the sponsor a	11158
comprehensive plan for the school. The plan shall specify the	11159
following:	11160

(1) The process by which the governing authority of the	11161
school will be selected in the future;	11162

(2) The management and administration of the school;

11163

(3) If the community school is a currently existing public	11164
school or educational service center building, alternative	11165
arrangements for current public school students who choose not to	11166
attend the converted school and for teachers who choose not to	11167
teach in the school or building after conversion;	11168

(4) The instructional program and educational philosophy of	11169
the school;	11170

(5) Internal financial controls.

11171

(C) A contract entered into under section 3314.02 of the	11172
Revised Code between a sponsor and the governing authority of a	11173
community school may provide for the community school governing	11174
authority to make payments to the sponsor, which is hereby	11175
authorized to receive such payments as set forth in the contract	11176
between the governing authority and the sponsor. The total amount	11177
of such payments for oversight and monitoring of the school shall	11178
not exceed three per cent of the total amount of payments for	11179
operating expenses that the school receives from the state.	11180

(D) The contract shall specify the duties of the sponsor	11181
which shall be in accordance with the written agreement entered	11182
into with the department of education under division (B) of	11183
section 3314.015 of the Revised Code and shall include the	11184
following:	11185

(1) Monitor the community school's compliance with all laws	11186
applicable to the school and with the terms of the contract;	11187

(2) Monitor and evaluate the academic and fiscal performance	11188
and the organization and operation of the community school on at	11189
least an annual basis;	11190

(3) Report on an annual basis the results of the evaluation	11191
conducted under division (D)(2) of this section to the department	11192
of education and to the parents of students enrolled in the	11193
community school;	11194

(4) Provide technical assistance to the community school in	11195
complying with laws applicable to the school and terms of the	11196
contract;	11197

(5) Take steps to intervene in the school's operation to	11198
correct problems in the school's overall performance, declare the	11199
school to be on probationary status pursuant to section 3314.073	11200
of the Revised Code, suspend the operation of the school pursuant	11201
to section 3314.072 of the Revised Code, or terminate the contract	11202
of the school pursuant to section 3314.07 of the Revised Code as	11203
determined necessary by the sponsor;	11204

(6) Have in place a plan of action to be undertaken in the	11205
event the community school experiences financial difficulties or	11206
closes prior to the end of a school year.	11207

(E) Upon the expiration of a contract entered into under this	11208
section, the sponsor of a community school may, with the approval	11209
of the governing authority of the school, renew that contract for	11210
a period of time determined by the sponsor, but not ending earlier	11211
than the end of any school year, if the sponsor finds that the	11212
school's compliance with applicable laws and terms of the contract	11213
and the school's progress in meeting the academic goals prescribed	11214
in the contract have been satisfactory. Any contract that is	11215
renewed under this division remains subject to the provisions of	11216
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	11217

(F) If a community school fails to open for operation within	11218
one year after the contract entered into under this section is	11219
adopted pursuant to division (D) of section 3314.02 of the Revised	11220
Code or permanently closes prior to the expiration of the	11221
contract, the contract shall be void and the school shall not	11222
enter into a contract with any other sponsor. A school shall not	11223
be considered permanently closed because the operations of the	11224
school have been suspended pursuant to section 3314.072 of the	11225
Revised Code. Any contract that becomes void under this division	11226
shall not count toward any statewide limit on the number of such	11227
contracts prescribed by section 3314.013 of the Revised Code.	11228

Sec. 3314.05. ~~Division (A) of this section shall not apply~~	11229
~~to internet- or computer-based community schools.~~	11230

(A) The contract between the community school and the sponsor	11231
shall specify the facilities to be used for the community school	11232
and the method of acquisition. Except as provided in division	11233
(B)(3) of this section, no community school shall be established	11234
in more than one school district under the same contract.	11235

~~(A) A~~(B) Division (B) of this section shall not apply to	11236
internet- or computer-based community schools.	11237

(1) A community school may be located in multiple facilities	11238
under the same contract only if the limitations on availability	11239
of space prohibit serving all the grade levels specified in the	11240
contract in a single facility or division (B)(2) or (3) of this	11241
section applies to the school. The school shall not offer the	11242
same grade level classrooms in more than one facility.	11243

(2) A community school may be located in multiple facilities	11244
under the same contract and, notwithstanding division (B)(1) of	11245
this section, may assign students in the same grade level to	11246
multiple facilities, as long as all of the following apply:	11247

(a) The governing authority of the community school filed a	11248
copy of its contract with the school's sponsor under section	11249
3314.03 of the Revised Code with the superintendent of public	11250
instruction on or before May 15, 2008.	11251

(b) The school was not open for operation prior to July 1,	11252
2008.	11253

(c) The governing authority has entered into and maintains a	11254
contract with an operator of the type described in division (A)(2)	11255
of section 3314.014 of the Revised Code.	11256

(d) The contract with that operator qualified the school to	11257
be established pursuant to division (A) of section 3314.016 of the	11258
Revised Code.	11259

(e) The school's rating under section 3302.03 of the Revised	11260
Code does not fall below "in need of continuous improvement" for	11261
two or more consecutive years.	11262

(3) A new start-up community school may be established in	11263
two school districts under the same contract if all of the	11264
following apply:	11265

(a) At least one of the school districts in which the school	11266
is established is a challenged school district;	11267

(b) The school operates not more than one facility in each	11268
school district and, in accordance with division (B)(1) of this	11269
section, the school does not offer the same grade level classrooms	11270
in both facilities; and	11271

(c) Transportation between the two facilities does not	11272
require more than thirty minutes of direct travel time as measured	11273
by school bus.	11274

In the case of a community school to which division (B)(3) of	11275
this section applies, if only one of the school districts in which	11276
the school is established is a challenged school district, that	11277
district shall be considered the school's primary location and the	11278
district in which the school is located for the purposes of	11279
division (A)(19) of section 3314.03 and divisions (C) and (H) of	11280
section 3314.06 of the Revised Code and for all other purposes of	11281
this chapter. If both of the school districts in which the school	11282
is established are challenged school districts, the school's	11283
governing authority shall designate one of those districts to be	11284
considered the school's primary location and the district in which	11285
the school is located for the purposes of those divisions and all	11286
other purposes of this chapter and shall notify the department of	11287
education of that designation.	11288

(4) Any facility used for a community school shall meet all	11289
health and safety standards established by law for school	11290
buildings.	11291

~~(B)~~(C) In the case where a community school is proposed to be	11292
located in a facility owned by a school district or educational	11293
service center, the facility may not be used for such community	11294
school unless the district or service center board owning the	11295
facility enters into an agreement for the community school to	11296
utilize the facility. Use of the facility may be under any terms	11297
and conditions agreed to by the district or service center board	11298
and the school.	11299

Sec. 3314.37. (A) A five-year demonstration project is	11300
hereby established at the community schools known as the ISUS	11301
institutes. The project is a research and development initiative	11302
to collect and analyze data with which to improve dropout	11303
prevention and recovery programs, to evaluate various	11304
methodologies employed in those programs, to develop tools and	11305
criteria for evaluating community schools that operate dropout	11306
prevention and recovery programs, to institute stringent	11307
accountability measures for such community schools, and to	11308
direct curricular and programming decisions for such community	11309
schools. The program shall begin with the 2008-2009 school year	11310
and shall operate through the 2012-2013 school year.	11311

(B) Under the demonstration project, the ISUS institutes	11312
shall select and pay the costs of an independent evaluator to	11313
create a study plan and collect and analyze data from the	11314
institutes. The ISUS institutes' selection of the independent	11315
evaluator is subject to the approval of the department of	11316
education. The data collected by the evaluator shall include, but	11317
need not be limited to, the following:	11318

(1) Baseline measures of student status at enrollment,	11319
including academic level; history of court involvement, drug use,	11320
and other behavioral problems; and the circumstances of the	11321
students' parenting and living arrangements;	11322

(2) Student academic progress, measured at multiple and	11323
regular intervals each school year;	11324

(3) Value-added elements of the institutes' dropout	11325
prevention and recovery programs, including industry	11326
certifications, college coursework, community service and service	11327
learning, apprenticeships, and internships;	11328

(4) Outcomes in addition to high school graduation, including	11329
students' contributions to community service and students'	11330
transitions to employment, post-secondary training, college, or	11331
the military.	11332

(C) Not later than the thirtieth day of September following	11333
each school year in which the demonstration project is operating,	11334
the independent evaluator shall do both of the following:	11335

(1) Submit to the ISUS institutes and the department all data	11336
collected and a report of its data analysis;	11337

(2) Submit a report of its data analysis to the speaker and	11338
minority leader of the house of representatives, the president and	11339
minority leader of the senate, and the chairpersons and ranking	11340
minority members of the standing committees of the house of	11341
representatives and the senate that consider education	11342
legislation.	11343

(D) For each school year in which the demonstration project	11344
is operating:	11345

(1) The ISUS institutes shall continue to report data through	11346
the education management information system under section 3314.17	11347
of the Revised Code.	11348

(2) The department shall continue to issue annual report	11349
cards for the ISUS institutes under section 3314.012 of the	11350
Revised Code and shall continue to assign them performance ratings	11351
under division (B) of section 3302.03 of the Revised Code.	11352

(E) Nothing in this section prevents the application to the	11353
ISUS institutes, during the demonstration project, of any	11354
provision of the Revised Code or rule or policy of the department	11355
or the state board of education requiring closure, or otherwise	11356
restricting the operation, of a community school based on	11357
measures of academic performance for any school year before or	11358
during the demonstration project. Nothing in this section prevents	11359
a sponsor of an ISUS institute from terminating or not renewing	11360
its contract with the school, from suspending the operations of	11361
the school, or from placing the school on probationary status, in	11362
accordance with this chapter, during the demonstration project.	11363
Nothing in this section prevents the auditor of state from taking	11364
action against an ISUS institute under Chapter 117. of the	11365
Revised Code or other applicable law during the demonstration	11366
project.	11367

(F) The department may conduct its own analysis of data	11368
submitted under the demonstration project.	11369

(G) Not later than December 31, 2013, the independent	11370
evaluator shall issue a final report of its findings and analysis	11371
and its recommendations for appropriate academic accountability	11372
measures for community schools that operate dropout prevention and	11373
recovery programs. The independent evaluator shall submit the	11374
report to the department, the speaker and minority leader of the	11375
house of representatives, the president and minority leader of the	11376
senate, and the chairpersons and ranking minority members of the	11377
standing committees of the house of representatives and the senate	11378
that consider education legislation.	11379

Sec. 3314.40. The governing authorities of two or more	11380
community schools may enter into a pooling agreement under which	11381
the schools may act jointly to do any of the following:	11382

(A) Purchase health insurance for the schools' employees;

11383

(B) Secure liability insurance for the schools;

11384

(C) Purchase other goods or services necessary for the	11385
operation of the schools;	11386

(D) Provide transportation to students enrolled in the	11387
schools.	11388

Sec. 3316.03. (A) The existence of a fiscal watch shall be	11389
declared by the auditor of state. The auditor of state may make a	11390
determination on the auditor of state's initiative, or upon	11391
receipt of a written request for such a determination, which may	11392
be filed by the governor, the superintendent of public	11393
instruction, or a majority of the members of the board of	11394
education of the school district.	11395

(1) The auditor of state shall declare a school district to	11396
be in a state of fiscal watch if the auditor of state determines	11397
that both of the following conditions are satisfied with respect	11398
to the school district:	11399

(a) An operating deficit has been certified for the current	11400
fiscal year by the auditor of state, and the certified operating	11401
deficit exceeds eight per cent of the school district's general	11402
fund revenue for the preceding fiscal year;	11403

(b) A majority of the voting electors have not voted in favor	11404
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11405
Chapter 5748. of the Revised Code that the auditor of state	11406
expects will raise enough additional revenue in the next	11407
succeeding fiscal year that division (A)(1)(a) of this section	11408
will not apply to the district in such next succeeding fiscal	11409
year.	11410

(2) The auditor of state shall declare a school district to	11411
be in a state of fiscal watch if the auditor of state determines	11412
that the school district has outstanding securities issued under	11413
division (A)(4) of section 3316.06 of the Revised Code, and its	11414
financial planning and supervision commission has been terminated	11415
under section 3316.16 of the Revised Code.	11416

(3) The auditor of state shall declare a school district to	11417
be in a state of fiscal watch if both of the following conditions	11418
are satisfied:	11419

(a) The superintendent of public instruction has reported to	11420
the auditor of state that the superintendent has declared the	11421
district under section 3316.031 of the Revised Code to be under a	11422
fiscal caution, has found that the district has not acted	11423
reasonably to eliminate or correct practices or conditions that	11424
prompted the declaration, and has determined the declaration of a	11425
state of fiscal watch necessary to prevent further fiscal decline;	11426

(b) The auditor of state determines that the decision of the	11427
superintendent is reasonable.	11428

If the auditor of state determines that the decision of the	11429
superintendent is not reasonable, the auditor of state shall	11430
provide the superintendent with a written explanation of that	11431
determination.	11432

(4) The auditor of state may declare a school district to be	11433
in a state of fiscal watch if all of the following conditions are	11434
satisfied:	11435

(a) An operating deficit has been certified for the current	11436
fiscal year by the auditor of state, and the certified operating	11437
deficit exceeds two per cent, but does not exceed eight per cent,	11438
of the school district's general fund revenue for the preceding	11439
fiscal year;	11440

(b) A majority of the voting electors have not voted in favor	11441
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11442
Chapter 5748. of the Revised Code that the auditor of state	11443
expects will raise enough additional revenue in the next	11444
succeeding fiscal year that division (A)(4)(a) of this section	11445
will not apply to the district in the next succeeding fiscal year;	11446

(c) The auditor of state determines that there is no	11447
reasonable cause for the deficit or that the declaration of fiscal	11448
watch is necessary to prevent further fiscal decline in the	11449
district.	11450

(B)(1) The auditor of state shall issue an order declaring a	11451
school district to be in a state of fiscal emergency if the	11452
auditor of state determines that both of the following conditions	11453
are satisfied with respect to the school district:	11454

(a) An operating deficit has been certified for the current	11455
fiscal year by the auditor of state, and the certified operating	11456
deficit exceeds fifteen per cent of the school district's general	11457
fund revenue for the preceding fiscal year. In determining the	11458
amount of an operating deficit under division (B)(1)(a) of this	11459
section, the auditor of state shall credit toward the amount of	11460
that deficit only the amount that may be borrowed from the	11461
spending reserve balance as determined under section 133.301 and	11462
division (F) of section 5705.29 of the Revised Code.	11463

(b) A majority of the voting electors have not voted in favor	11464
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11465
Chapter 5748. of the Revised Code that the auditor of state	11466
expects will raise enough additional revenue in the next	11467
succeeding fiscal year that division (B)(1)(a) of this section	11468
will not apply to the district in such next succeeding fiscal	11469
year.	11470

(2) The auditor of state shall issue an order declaring a	11471
school district to be in a state of fiscal emergency if the school	11472
district board fails, pursuant to section 3316.04 of the Revised	11473
Code, to submit a plan acceptable to the state superintendent of	11474
public instruction within one hundred twenty days of the auditor	11475
of state's declaration under division (A) of this section or an	11476
updated plan when one is required by division (C) of section	11477
3316.04 of the Revised Code;	11478

(3) The auditor of state shall issue an order declaring a	11479
school district to be in a state of fiscal emergency if both of	11480
the following conditions are satisfied:	11481

(a) The superintendent of public instruction has reported to	11482
the auditor of state that the district is not materially complying	11483
with the provisions of an original or updated plan as approved by	11484
the state superintendent under section 3316.04 of the Revised	11485
Code, and that the state superintendent has determined the	11486
declaration of a state of fiscal emergency necessary to prevent	11487
further fiscal decline;	11488

(b) The auditor of state finds that the determination of the	11489
superintendent is reasonable.	11490

If the auditor of state determines that the decision of the	11491
superintendent is not reasonable, the auditor of state shall	11492
provide the superintendent a written explanation of that	11493
determination.	11494

(4) The auditor of state shall issue an order declaring a	11495
school district to be in a state of fiscal emergency if a	11496
declaration of fiscal emergency is required by division (D) of	11497
section 3316.04 of the Revised Code.	11498

(5) The auditor of state may issue an order declaring a	11499
school district to be in a state of fiscal emergency if all of the	11500
following conditions are satisfied:	11501

(a) An operating deficit has been certified for the current	11502
fiscal year by the auditor of state, and the certified operating	11503
deficit exceeds ten per cent, but does not exceed fifteen per	11504
cent, of the school district's general fund revenue for the	11505
preceding fiscal year;	11506

(b) A majority of the voting electors have not voted in favor	11507
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11508
Chapter 5748. of the Revised Code that the auditor of state	11509
expects will raise enough additional revenue in the next	11510
succeeding fiscal year that division (B)(5)(a) of this section	11511
will not apply to the district in the next succeeding fiscal year;	11512

(c) The auditor of state determines that a declaration of	11513
fiscal emergency is necessary to correct the district's fiscal	11514
problems and to prevent further fiscal decline.	11515

(C) In making the determinations under this section, the	11516
auditor of state may use financial reports required under section	11517
117.43 of the Revised Code; tax budgets, certificates of estimated	11518
resources and amendments thereof, annual appropriating measures	11519
and spending plans, and any other documents or information	11520
prepared pursuant to Chapter 5705. of the Revised Code; and any	11521
other documents, records, or information available to the auditor	11522
of state that indicate the conditions described in divisions (A)	11523
and (B) of this section.	11524

(D) The auditor of state shall certify the action taken under	11525
division (A) or (B) of this section to the board of education of	11526
the school district, the director of budget and management, the	11527
mayor or county auditor who could be required to act pursuant to	11528
division (B)(1) of section 3316.05 of the Revised Code, and to the	11529
superintendent of public instruction.	11530

(E) A determination by the auditor of state under this	11531
section that a fiscal emergency condition does not exist is final	11532
and conclusive and not appealable. A determination by the auditor	11533
of state under this section that a fiscal emergency exists is	11534
final, except that the board of education of the school district	11535
affected by such a determination may appeal the determination of	11536
the existence of a fiscal emergency condition to the court of	11537
appeals having territorial jurisdiction over the school district.	11538
The appeal shall be heard expeditiously by the court of appeals	11539
and for good cause shown shall take precedence over all other	11540
civil matters except earlier matters of the same character. Notice	11541
of such appeal must be filed with the auditor of state and such	11542
court within thirty days after certification by the auditor of	11543
state to the board of education of the school district provided	11544
for in division (D) of this section. In such appeal,	11545
determinations of the auditor of state shall be presumed to be	11546
valid and the board of education shall have the burden of proving,	11547
by clear and convincing evidence, that each of the determinations	11548
made by the auditor of state as to the existence of a fiscal	11549
emergency condition under this section was in error. If the board	11550
of education fails, upon presentation of its case, to prove by	11551
clear and convincing evidence that each such determination by the	11552
auditor of state was in error, the court shall dismiss the appeal.	11553
The board of education and the auditor of state may introduce any	11554
evidence relevant to the existence or nonexistence of such fiscal	11555
emergency conditions. The pendency of any such appeal shall not	11556
affect or impede the operations of this chapter; no restraining	11557
order, temporary injunction, or other similar restraint upon	11558
actions consistent with this chapter shall be imposed by the court	11559
or any court pending determination of such appeal; and all things	11560
may be done under this chapter that may be done regardless of the	11561
pendency of any such appeal. Any action taken or contract	11562
executed pursuant to this chapter during the pendency of such	11563
appeal is valid and enforceable among all parties, notwithstanding	11564
the decision in such appeal. If the court of appeals reverses the	11565
determination of the existence of a fiscal emergency condition by	11566
the auditor of state, the determination no longer has any effect,	11567
and any procedures undertaken as a result of the determination	11568
shall be terminated.	11569

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	11570
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	11571
subject to the approval of the superintendent of public	11572
instruction, a school district that is in a state of fiscal watch	11573
declared under section 3316.03 of the Revised Code may restructure	11574
or refinance loans obtained or in the process of being obtained	11575
under section 3313.483 of the Revised Code if all of the following	11576
requirements are met:	11577

(1) The operating deficit certified for the school district	11578
for the current or preceding fiscal year under section 3313.483 of	11579
the Revised Code exceeds fifteen per cent of the district's	11580
general revenue fund for the fiscal year preceding the year for	11581
which the certification of the operating deficit is made.	11582

(2) The school district voters have, during the period of the	11583
fiscal watch, approved the levy of a tax under section 718.09,	11584
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	11585
not a renewal or replacement levy, or a levy under section	11586
5705.199 of the Revised Code, and that will provide new operating	11587
revenue.	11588

(3) The board of education of the school district has adopted	11589
or amended the financial plan required by section 3316.04 of the	11590
Revised Code to reflect the restructured or refinanced loans, and	11591
sets forth the means by which the district will bring projected	11592
operating revenues and expenditures, and projected debt service	11593
obligations, into balance for the life of any such loan.	11594

(B) Subject to the approval of the superintendent of public	11595
instruction, the school district may issue securities to evidence	11596
the restructuring or refinancing authorized by this section. Such	11597
securities may extend the original period for repayment not to	11598
exceed ten years, and may alter the frequency and amount of	11599
repayments, interest or other financing charges, and other terms	11600
or agreements under which the loans were originally contracted,	11601
provided the loans received under sections 3313.483 of the Revised	11602
Code are repaid from funds the district would otherwise receive	11603
under sections 3317.022 to 3317.025 of the Revised Code, as	11604
required under division (E)(3) of section 3313.483 of the Revised	11605
Code. Securities issued for the purpose of restructuring or	11606
refinancing under this section shall be repaid in equal payments	11607
and at equal intervals over the term of the debt and are not	11608
eligible to be included in any subsequent proposal to restructure	11609
or refinance.	11610

(C) Unless the district is declared to be in a state of	11611
fiscal emergency under division (D) of section 3316.04 of the	11612
Revised Code, a school district shall remain in a state of fiscal	11613
watch for the duration of the repayment period of any loan	11614
restructured or refinanced under this section.	11615

Sec. 3316.06. (A) Within one hundred twenty days after the	11616
first meeting of a school district financial planning and	11617
supervision commission, the commission shall adopt a financial	11618
recovery plan regarding the school district for which the	11619
commission was created. During the formulation of the plan, the	11620
commission shall seek appropriate input from the school district	11621
board and from the community. This plan shall contain the	11622
following:	11623

(1) Actions to be taken to:

11624

(a) Eliminate all fiscal emergency conditions declared to	11625
exist pursuant to division (B) of section 3316.03 of the Revised	11626
Code;	11627

(b) Satisfy any judgments, past-due accounts payable, and all	11628
past-due and payable payroll and fringe benefits;	11629

(c) Eliminate the deficits in all deficit funds, except that	11630
any prior year deficits in the textbook and instructional	11631
materials fund established pursuant to section 3315.17 of the	11632
Revised Code and the capital and maintenance fund established	11633
pursuant to section 3315.18 of the Revised Code shall be forgiven;	11634

(d) Restore to special funds any moneys from such funds that	11635
were used for purposes not within the purposes of such funds, or	11636
borrowed from such funds by the purchase of debt obligations of	11637
the school district with the moneys of such funds, or missing from	11638
the special funds and not accounted for, if any;	11639

(e) Balance the budget, avoid future deficits in any funds,	11640
and maintain on a current basis payments of payroll, fringe	11641
benefits, and all accounts;	11642

(f) Avoid any fiscal emergency condition in the future;

11643

(g) Restore the ability of the school district to market	11644
long-term general obligation bonds under provisions of law	11645
applicable to school districts generally.	11646

(2) The management structure that will enable the school	11647
district to take the actions enumerated in division (A)(1) of this	11648
section. The plan shall specify the level of fiscal and management	11649
control that the commission will exercise within the school	11650
district during the period of fiscal emergency, and shall	11651
enumerate respectively, the powers and duties of the commission	11652
and the powers and duties of the school board during that period.	11653
The commission may elect to assume any of the powers and duties of	11654
the school board it considers necessary, including all powers	11655
related to personnel, curriculum, and legal issues in order to	11656
successfully implement the actions described in division (A)(1) of	11657
this section.	11658

(3) The target dates for the commencement, progress upon, and	11659
completion of the actions enumerated in division (A)(1) of this	11660
section and a reasonable period of time expected to be required to	11661
implement the plan. The commission shall prepare a reasonable time	11662
schedule for progress toward and achievement of the requirements	11663
for the plan, and the plan shall be consistent with that time	11664
schedule.	11665

(4) The amount and purpose of any issue of debt obligations	11666
that will be issued, together with assurances that any such debt	11667
obligations that will be issued will not exceed debt limits	11668
supported by appropriate certifications by the fiscal officer of	11669
the school district and the county auditor. Debt obligations	11670
issued pursuant to section 133.301 of the Revised Code shall	11671
include assurances that such debt shall be in an amount not to	11672
exceed the amount certified under division (B) of such section. If	11673
the commission considers it necessary in order to maintain or	11674
improve educational opportunities of pupils in the school	11675
district, the plan may include a proposal to restructure or	11676
refinance outstanding debt obligations incurred by the board under	11677
section 3313.483 of the Revised Code contingent upon the approval,	11678
during the period of the fiscal emergency, by district voters of a	11679
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	11680
5748.02, or 5748.08 of the Revised Code, that is not a renewal or	11681
replacement levy, or a levy under section 5705.199 of the Revised	11682
Code, and that will provide new operating revenue. Notwithstanding	11683
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	11684
the Revised Code, following the required approval of the district	11685
voters and with the approval of the commission, the school	11686
district may issue securities to evidence the restructuring or	11687
refinancing. Those securities may extend the original period for	11688
repayment, not to exceed ten years, and may alter the frequency	11689
and amount of repayments, interest or other financing charges, and	11690
other terms of agreements under which the debt originally was	11691
contracted, at the discretion of the commission, provided that any	11692
loans received pursuant to section 3313.483 of the Revised Code	11693
shall be paid from funds the district would otherwise receive	11694
under sections 3317.022 to 3317.025 of the Revised Code, as	11695
required under division (E)(3) of section 3313.483 of the Revised	11696
Code. The securities issued for the purpose of restructuring or	11697
refinancing the debt shall be repaid in equal payments and at	11698
equal intervals over the term of the debt and are not eligible to	11699
be included in any subsequent proposal for the purpose of	11700
restructuring or refinancing debt under this section.	11701

(B) Any financial recovery plan may be amended subsequent to	11702
its adoption. Each financial recovery plan shall be updated	11703
annually.	11704

(C) Each school district financial planning and supervision	11705
commission shall submit the financial recovery plan it adopts or	11706
updates under this section to the state superintendent of public	11707
instruction for approval immediately following its adoption or	11708
updating. The state superintendent shall evaluate the plan and	11709
either approve or disapprove it within thirty calendar days from	11710
the date of its submission. If the plan is disapproved, the state	11711
superintendent shall recommend modifications that will render it	11712
acceptable. No financial planning and supervision commission shall	11713
implement a financial recovery plan that is adopted or updated on	11714
or after April 10, 2001, unless the state superintendent has	11715
approved it.	11716

Sec. 3316.08. During a school district's fiscal emergency	11717
period, the auditor of state shall determine annually, or at any	11718
other time upon request of the financial planning and supervision	11719
commission, whether the school district will incur an operating	11720
deficit. If the auditor of state determines that a school district	11721
will incur an operating deficit, the auditor of state shall	11722
certify that determination to the superintendent of public	11723
instruction, the financial planning and supervision commission,	11724
and the board of education of the school district. Upon receiving	11725
the auditor of state's certification, the commission shall adopt a	11726
resolution requesting that the board of education work with the	11727
county auditor or tax commissioner to estimate the amount and rate	11728
of a tax levy that is needed under section 5705.194, 5709.199, or	11729
5705.21 or Chapter 5748. of the Revised Code to produce a positive	11730
fund balance not later than the fifth year of the five-year	11731
forecast submitted under section 5705.391 of the Revised Code.	11732

The board of education shall recommend to the commission	11733
whether the board supports or opposes a tax levy under section	11734
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	11735
Code and shall provide supporting documentation to the commission	11736
of its recommendation.	11737

After considering the board of education's recommendation and	11738
supporting documentation, the commission shall adopt a resolution	11739
to either submit a ballot question proposing a tax levy or not to	11740
submit such a question.	11741

Except as otherwise provided in this division, the tax shall	11742
be levied in the manner prescribed for a tax levied under section	11743
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	11744
Revised Code. If the commission decides that a tax should be	11745
levied, the tax shall be levied for the purpose of paying current	11746
operating expenses of the school district. The rate of a tax	11747
levied under section 5705.194, 5709.199, or 5705.21 of the Revised	11748
Code shall be determined by the county auditor, and the rate of a	11749
tax levied under section 5748.02 or 5748.08 of the Revised Code	11750
shall be determined by the tax commissioner, upon the request of	11751
the commission. The commission, in consultation with the board of	11752
education, shall determine the election at which the question of	11753
the tax shall appear on the ballot, and the commission shall	11754
submit a copy of its resolution to the board of elections not	11755
later than seventy-five days prior to the day of that election.	11756
The board of elections conducting the election shall certify the	11757
results of the election to the board of education and to the	11758
financial planning and supervision commission.	11759

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	11760
Revised Code, the amounts required to be paid to a district under	11761
this chapter shall be adjusted by the amount of the computations	11762
made under divisions (B) to ~~(P)~~(N) of this section.	11763

As used in this section:

11764

(1) "Classroom teacher" means a licensed employee who	11765
provides direct instruction to pupils, excluding teachers funded	11766
from money paid to the district from federal sources; educational	11767
service personnel; and vocational and special education teachers.	11768

(2) "Educational service personnel" shall not include such	11769
specialists funded from money paid to the district from federal	11770
sources or assigned full-time to vocational or special education	11771
students and classes and may only include those persons employed	11772
in the eight specialist areas in a pattern approved by the	11773
department of education under guidelines established by the state	11774
board of education.	11775

(3) "Annual salary" means the annual base salary stated in	11776
the state minimum salary schedule for the performance of the	11777
teacher's regular teaching duties that the teacher earns for	11778
services rendered for the first full week of October of the fiscal	11779
year for which the adjustment is made under division (C) of this	11780
section. It shall not include any salary payments for supplemental	11781
teachers contracts.	11782

(4) "Regular student population" means the formula ADM plus	11783
the number of students reported as enrolled in the district	11784
pursuant to division (A)(1) of section 3313.981 of the Revised	11785
Code; minus the number of students reported under division (A)(2)	11786
of section 3317.03 of the Revised Code; minus the FTE of students	11787
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	11788
of that section who are enrolled in a vocational education class	11789
or receiving special education; and minus twenty per cent of the	11790
students enrolled concurrently in a joint vocational school	11791
district.	11792

(5) "State share percentage" has the same meaning as in	11793
section 3317.022 of the Revised Code.	11794

(6) "VEPD" means a school district or group of school	11795
districts designated by the department of education as being	11796
responsible for the planning for and provision of vocational	11797
education services to students within the district or group.	11798

(7) "Lead district" means a school district, including a	11799
joint vocational school district, designated by the department as	11800
a VEPD, or designated to provide primary vocational education	11801
leadership within a VEPD composed of a group of districts.	11802

(B) If the district employs less than one full-time	11803
equivalent classroom teacher for each twenty-five pupils in the	11804
regular student population in any school district, deduct the sum	11805
of the amounts obtained from the following computations:	11806

(1) Divide the number of the district's full-time equivalent	11807
classroom teachers employed by one twenty-fifth;	11808

(2) Subtract the quotient in (1) from the district's regular	11809
student population;	11810

(3) Multiply the difference in (2) by seven hundred fifty-two	11811
dollars.	11812

(C) If a positive amount, add one-half of the amount obtained	11813
by multiplying the number of full-time equivalent classroom	11814
teachers by:	11815

(1) The mean annual salary of all full-time equivalent	11816
classroom teachers employed by the district at their respective	11817
training and experience levels minus;	11818

(2) The mean annual salary of all such teachers at their	11819
respective levels in all school districts receiving payments under	11820
this section.	11821

The number of full-time equivalent classroom teachers used in	11822
this computation shall not exceed one twenty-fifth of the	11823
district's regular student population. In calculating the	11824
district's mean salary under this division, those full-time	11825
equivalent classroom teachers with the highest training level	11826
shall be counted first, those with the next highest training level	11827
second, and so on, in descending order. Within the respective	11828
training levels, teachers with the highest years of service shall	11829
be counted first, the next highest years of service second, and so	11830
on, in descending order.	11831

(D) This division does not apply to a school district that	11832
has entered into an agreement under division (A) of section	11833
3313.42 of the Revised Code. Deduct the amount obtained from the	11834
following computations if the district employs fewer than five	11835
full-time equivalent educational service personnel, including	11836
elementary school art, music, and physical education teachers,	11837
counselors, librarians, visiting teachers, school social workers,	11838
and school nurses for each one thousand pupils in the regular	11839
student population:	11840

(1) Divide the number of full-time equivalent educational	11841
service personnel employed by the district by five	11842
one-thousandths;	11843

(2) Subtract the quotient in (1) from the district's regular	11844
student population;	11845

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

11846

(E) If a local school district, or a city or exempted village	11847
school district to which a governing board of an educational	11848
service center provides services pursuant to section 3313.843 of	11849
the Revised Code, deduct the amount of the payment required for	11850
the reimbursement of the governing board under section 3317.11 of	11851
the Revised Code.	11852

(F)(1) If the district is required to pay to or entitled to	11853
receive tuition from another school district under division (C)(2)	11854
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	11855
or if the superintendent of public instruction is required to	11856
determine the correct amount of tuition and make a deduction or	11857
credit under section 3317.08 of the Revised Code, deduct and	11858
credit such amounts as provided in division (J) of section 3313.64	11859
or section 3317.08 of the Revised Code.	11860

(2) For each child for whom the district is responsible for	11861
tuition or payment under division (A)(1) of section 3317.082 or	11862
section 3323.091 of the Revised Code, deduct the amount of tuition	11863
or payment for which the district is responsible.	11864

(G) If the district has been certified by the superintendent	11865
of public instruction under section 3313.90 of the Revised Code as	11866
not in compliance with the requirements of that section, deduct an	11867
amount equal to ten per cent of the amount computed for the	11868
district under section 3317.022 of the Revised Code.	11869

(H) If the district has received a loan from a commercial	11870
lending institution for which payments are made by the	11871
superintendent of public instruction pursuant to division (E)(3)	11872
of section 3313.483 of the Revised Code, deduct an amount equal to	11873
such payments.	11874

(I)(1) If the district is a party to an agreement entered	11875
into under division (D), (E), or (F) of section 3311.06 or	11876
division (B) of section 3311.24 of the Revised Code and is	11877
obligated to make payments to another district under such an	11878
agreement, deduct an amount equal to such payments if the district	11879
school board notifies the department in writing that it wishes to	11880
have such payments deducted.	11881

(2) If the district is entitled to receive payments from	11882
another district that has notified the department to deduct such	11883
payments under division (I)(1) of this section, add the amount of	11884
such payments.	11885

(J) If the district is required to pay an amount of funds to	11886
a cooperative education district pursuant to a provision described	11887
by division (B)(4) of section 3311.52 or division (B)(8) of	11888
section 3311.521 of the Revised Code, deduct such amounts as	11889
provided under that provision and credit those amounts to the	11890
cooperative education district for payment to the district under	11891
division (B)(1) of section 3317.19 of the Revised Code.	11892

(K)(1) If a district is educating a student entitled to	11893
attend school in another district pursuant to a shared education	11894
contract, compact, or cooperative education agreement other than	11895
an agreement entered into pursuant to section 3313.842 of the	11896
Revised Code, credit to that educating district on an FTE basis	11897
both of the following:	11898

(a) An amount equal to the sum of the formula amount plus	11899
the per pupil amount of the base funding supplements specified in	11900
divisions (C)(1) to (4) of section 3317.012 of the Revised Code.	11901

(b) An amount equal to the current formula amount times the	11902
state share percentage times any multiple applicable to the	11903
student pursuant to section 3317.013 or 3317.014 of the Revised	11904
Code.	11905

(2) Deduct any amount credited pursuant to division (K)(1) of	11906
this section from amounts paid to the school district in which the	11907
student is entitled to attend school pursuant to section 3313.64	11908
or 3313.65 of the Revised Code.	11909

(3) If the district is required by a shared education	11910
contract, compact, or cooperative education agreement to make	11911
payments to an educational service center, deduct the amounts from	11912
payments to the district and add them to the amounts paid to the	11913
service center pursuant to section 3317.11 of the Revised Code.	11914

(L)(1) If a district, including a joint vocational school	11915
district, is a lead district of a VEPD, credit to that district	11916
the amounts calculated for all the school districts within that	11917
VEPD pursuant to division (E)(2) of section 3317.022 of the	11918
Revised Code.	11919

(2) Deduct from each appropriate district that is not a lead	11920
district, the amount attributable to that district that is	11921
credited to a lead district under division (L)(1) of this section.	11922

(M) If the department pays a joint vocational school district	11923
under division (G)(4) of section 3317.16 of the Revised Code for	11924
excess costs of providing special education and related services	11925
to a student with a disability, as calculated under division	11926
(G)(2) of that section, the department shall deduct the amount of	11927
that payment from the city, local, or exempted village school	11928
district that is responsible as specified in that section for the	11929
excess costs.	11930

(N)(1) If the district reports an amount of excess cost for	11931
special education services for a child under division (C) of	11932
section 3323.14 of the Revised Code, the department shall pay that	11933
amount to the district.	11934

(2) If the district reports an amount of excess cost for	11935
special education services for a child under division (C) of	11936
section 3323.14 of the Revised Code, the department shall deduct	11937
that amount from the district of residence of that child.	11938

~~(O) If the department of job and family services presents to~~	11939
~~the department of education a payment request through an~~	11940
~~intrastate transfer voucher for the nonfederal share of~~	11941
~~reimbursements made to a school district for medicaid services~~	11942
~~provided by the district, the department of education shall pay~~	11943
~~the amount of that request to the department of job and family~~	11944
~~services and shall deduct the amount of that payment from the~~	11945
~~district.~~	11946

~~(P) If the department is required to pay an amount under~~	11947
~~section 3353.25 of the Revised Code to a school district~~	11948
~~delivering a course included in the clearinghouse established~~	11949
~~under section 3353.21 of the Revised Code for a student enrolled~~	11950
~~in a school district, the department shall deduct that amount~~	11951
~~from the school district in which the student is enrolled.~~	11952

Sec. 3317.11. (A) As used in this section:

11953

(1) "Client school district" means a city or exempted village	11954
school district that has entered into an agreement under section	11955
3313.843 of the Revised Code to receive any services from an	11956
educational service center.	11957

(2) "Service center ADM" means the sum of the total student	11958
counts of all local school districts within an educational service	11959
center's territory and all of the service center's client school	11960
districts.	11961

(3) "STEM school" means a science, technology, engineering,	11962
and mathematics school established under Chapter 3326. of the	11963
Revised Code.	11964

(4) "Total student count" has the same meaning as in section	11965
3301.011 of the Revised Code.	11966

(B)(1) The governing board of each educational service center	11967
shall provide supervisory services to each local school district	11968
within the service center's territory. Each city or exempted	11969
village school district that enters into an agreement under	11970
section 3313.843 of the Revised Code for a governing board to	11971
provide any services also is considered to be provided supervisory	11972
services by the governing board. Except as provided in division	11973
(B)(2) of this section, the supervisory services shall not exceed	11974
one supervisory teacher for the first fifty classroom teachers	11975
required to be employed in the districts, as calculated under	11976
section 3317.023 of the Revised Code, and one for each additional	11977
one hundred required classroom teachers, as so calculated.	11978

The supervisory services shall be financed annually through	11979
supervisory units. Except as provided in division (B)(2) of this	11980
section, the number of supervisory units assigned to each district	11981
shall not exceed one unit for the first fifty classroom teachers	11982
required to be employed in the district, as calculated under	11983
section 3317.023 of the Revised Code, and one for each additional	11984
one hundred required classroom teachers, as so calculated. The	11985
cost of each supervisory unit shall be the sum of:	11986

(a) The minimum salary prescribed by section 3317.13 of the	11987
Revised Code for the licensed supervisory employee of the	11988
governing board;	11989

(b) An amount equal to fifteen per cent of the salary	11990
prescribed by section 3317.13 of the Revised Code;	11991

(c) An allowance for necessary travel expenses, limited to	11992
the lesser of two hundred twenty-three dollars and sixteen cents	11993
per month or two thousand six hundred seventy-eight dollars per	11994
year.	11995

(2) If a majority of the boards of education, or	11996
superintendents acting on behalf of the boards, of the local and	11997
client school districts receiving services from the educational	11998
service center agree to receive additional supervisory services	11999
and to pay the cost of a corresponding number of supervisory units	12000
in excess of the services and units specified in division (B)(1)	12001
of this section, the service center shall provide the additional	12002
services as agreed to by the majority of districts to, and the	12003
department of education shall apportion the cost of the	12004
corresponding number of additional supervisory units pursuant to	12005
division (B)(3) of this section among, all of the service center's	12006
local and client school districts.	12007

(3) The department shall apportion the total cost for all	12008
supervisory units among the service center's local and client	12009
school districts based on each district's total student count. The	12010
department shall deduct each district's apportioned share pursuant	12011
to division (E) of section 3317.023 of the Revised Code and pay	12012
the apportioned share to the service center.	12013

(C) The department annually shall deduct from each local and	12014
client school district of each educational service center,	12015
pursuant to division (E) of section 3317.023 of the Revised Code,	12016
and pay to the service center an amount equal to six dollars and	12017
fifty cents times the school district's total student count. The	12018
board of education, or the superintendent acting on behalf of the	12019
board, of any local or client school district may agree to pay an	12020
amount in excess of six dollars and fifty cents per student in	12021
total student count. If a majority of the boards of education, or	12022
superintendents acting on behalf of the boards, of the local	12023
school districts within a service center's territory approve an	12024
amount in excess of six dollars and fifty cents per student in	12025
total student count, the department shall deduct the approved	12026
excess per student amount from all of the local school districts	12027
within the service center's territory and pay the excess amount to	12028
the service center.	12029

(D) The department shall pay each educational service center	12030
the amounts due to it from school districts pursuant to contracts,	12031
compacts, or agreements under which the service center furnishes	12032
services to the districts or their students. In order to receive	12033
payment under this division, an educational service center shall	12034
furnish either a copy of the contract, compact, or agreement	12035
clearly indicating the amounts of the payments, or a written	12036
statement that clearly indicates the payments owed and is signed	12037
by the superintendent or treasurer of the responsible school	12038
district. The amounts paid to service centers under this division	12039
shall be deducted from payments to school districts pursuant to	12040
division (K)(3) of section 3317.023 of the Revised Code.	12041

(E) Each school district's deduction under this section and	12042
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	12043
shall be made from the total payment computed for the district	12044
under this chapter, after making any other adjustments in that	12045
payment required by law.	12046

(F)(1) Except as provided in division (F)(2) of this section,	12047
the department annually shall pay the governing board of each	12048
educational service center state funds equal to thirty-seven	12049
dollars times its service center ADM.	12050

(2) The department annually shall pay state funds equal to	12051
forty dollars and fifty-two cents times the service center ADM to	12052
each educational service center comprising territory that was	12053
included in the territory of at least three former service centers	12054
or county school districts, which former centers or districts	12055
engaged in one or more mergers under section 3311.053 of the	12056
Revised Code to form the present center.	12057

(G) Each city, exempted village, local, joint vocational, or	12058
cooperative education school district shall pay to the governing	12059
board of an educational service center any amounts agreed to for	12060
each child enrolled in the district who receives special education	12061
and related services or career-technical education from the	12062
educational service center, unless these educational services are	12063
provided pursuant to a contract, compact, or agreement for which	12064
the department deducts and transfers payments under division (D)	12065
of this section and division (K)(3) of section 3317.023 of the	12066
Revised Code.	12067

(H) The department annually shall pay the governing board of	12068
each educational service center that has entered into a contract	12069
with a STEM school for the provision of services described in	12070
division (B) of section 3326.45 of the Revised Code state funds	12071
equal to the per-pupil amount specified in the contract for the	12072
provision of those services times the number of students enrolled	12073
in the STEM school.	12074

(I) An educational service center:

12075

(1) May provide special education and career-technical	12076
education to students in its local or client school districts;	12077

(2) Is eligible for transportation funding under division (G)	12078
of section 3317.024 of the Revised Code and for state subsidies	12079
for the purchase of school buses under section 3317.07 of the	12080
Revised Code;	12081

(3) May apply for and receive gifted education units and	12082
provide gifted education services to students in its local or	12083
client school districts;	12084

(4) May conduct driver education for high school students in	12085
accordance with Chapter 4508. of the Revised Code.	12086

Sec. 3317.20. This section does not apply to preschool	12087
children with disabilities.	12088

(A) As used in this section:

12089

(1) "Applicable weight" means the multiple specified in	12090
section 3317.013 of the Revised Code for a disability described in	12091
that section.	12092

(2) "Child's school district" means the school district in	12093
which a child is entitled to attend school pursuant to section	12094
3313.64 or 3313.65 of the Revised Code.	12095

(3) "State share percentage" means the state share percentage	12096
of the child's school district as defined in section 3317.022 of	12097
the Revised Code.	12098

(B) Except as provided in division (C) of this section, the	12099
department shall annually pay each county MR/DD board for each	12100
child with a disability, other than a preschool child with a	12101
disability, for whom the county MR/DD board provides special	12102
education and related services an amount equal to the formula	12103
amount + (state share percentage X formula amount X the	12104
applicable weight).	12105

(C) If any school district places with a county MR/DD board	12106
more children with disabilities than it had placed with a county	12107
MR/DD board in fiscal year 1998, the department shall not make a	12108
payment under division (B) of this section for the number of	12109
children exceeding the number placed in fiscal year 1998. The	12110
department instead shall deduct from the district's payments	12111
under this chapter, and pay to the county MR/DD board, an amount	12112
calculated in accordance with the formula prescribed in division	12113
(B) of this section for each child over the number of children	12114
placed in fiscal year 1998.	12115

(D) The department shall calculate for each county MR/DD	12116
board receiving payments under divisions (B) and (C) of this	12117
section the following amounts:	12118

(1) The amount received by the county MR/DD board for	12119
approved special education and related services units, other than	12120
units for preschool children with disabilities, in fiscal year	12121
1998, divided by the total number of children served in the units	12122
that year;	12123

(2) The product of the quotient calculated under division	12124
(D)(1) of this section times the number of children for whom	12125
payments are made under divisions (B) and (C) of this section.	12126

If the amount calculated under division (D)(2) of this	12127
section is greater than the total amount calculated under	12128
divisions (B) and (C) of this section, the department shall pay	12129
the county MR/DD board one hundred per cent of the difference in	12130
addition to the payments under divisions (B) and (C) of this	12131
section.	12132

(E) Each county MR/DD board shall report to the department,	12133
in the manner specified by the department, the name of each child	12134
for whom the county MR/DD board provides special education and	12135
related services and the child's school district.	12136

(F)(1) For the purpose of verifying the accuracy of the	12137
payments under this section, the department may request from	12138
either of the following entities the data verification code	12139
assigned under division (D)(2) of section 3301.0714 of the Revised	12140
Code to any child who is placed with a county MR/DD board:	12141

(a) The child's school district;

12142

(b) The independent contractor engaged to create and maintain	12143
data verification codes.	12144

(2) Upon a request by the department under division (F)(1) of	12145
this section for the data verification code of a child, the	12146
child's school district shall submit that code to the department	12147
in the manner specified by the department. If the child has not	12148
been assigned a code, the district shall assign a code to that	12149
child and submit the code to the department by a date specified by	12150
the department. If the district does not assign a code to the	12151
child by the specified date, the department shall assign a code to	12152
the child.	12153

The department annually shall submit to each school district	12154
the name and data verification code of each child residing in the	12155
district for whom the department has assigned a code under this	12156
division.	12157

(3) The department shall not release any data verification	12158
code that it receives under division (F) of this section to any	12159
person except as provided by law.	12160

(G) Any document relative to special education and related	12161
services provided by a county MR/DD board that the department	12162
holds in its files that contains both a student's name or other	12163
personally identifiable information and the student's data	12164
verification code shall not be a public record under section	12165
149.43 of the Revised Code.	12166

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	12167
Revised Code:	12168

(A) "Ohio school facilities commission" means the commission	12169
created pursuant to section 3318.30 of the Revised Code.	12170

(B) "Classroom facilities" means rooms in which pupils	12171
regularly assemble in public school buildings to receive	12172
instruction and education and such facilities and building	12173
improvements for the operation and use of such rooms as may be	12174
needed in order to provide a complete educational program, and may	12175
include space within which a child care facility or a community	12176
resource center is housed. "Classroom facilities" includes any	12177
space necessary for the operation of a vocational education	12178
program for secondary students in any school district that	12179
operates such a program.	12180

(C) "Project" means a project to construct or acquire	12181
classroom facilities, or to reconstruct or make additions to	12182
existing classroom facilities, to be used for housing the	12183
applicable school district and its functions.	12184

For a district that opts to divide its entire classroom	12185
facilities needs into segments to be completed separately, as	12186
authorized by section 3318.034 of the Revised Code, "project"	12187
means a segment.	12188

(D) "School district" means a local, exempted village, or	12189
city school district as such districts are defined in Chapter	12190
3311. of the Revised Code, acting as an agency of state	12191
government, performing essential governmental functions of state	12192
government pursuant to sections 3318.01 to 3318.20 of the Revised	12193
Code.	12194

For purposes of assistance provided under sections 3318.40 to	12195
3318.45 of the Revised Code, the term "school district" as used in	12196
this section and in divisions (A), (C), and (D) of section 3318.03	12197
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	12198
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	12199
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	12200
Code means a joint vocational school district established pursuant	12201
to section 3311.18 of the Revised Code.	12202

(E) "School district board" means the board of education of a	12203
school district.	12204

(F) "Net bonded indebtedness" means the difference between	12205
the sum of the par value of all outstanding and unpaid bonds and	12206
notes which a school district board is obligated to pay and any	12207
amounts the school district is obligated to pay under	12208
lease-purchase agreements entered into under section 3313.375 of	12209
the Revised Code, and the amount held in the sinking fund and	12210
other indebtedness retirement funds for their redemption. Notes	12211
issued for school buses in accordance with section 3327.08 of the	12212
Revised Code, notes issued in anticipation of the collection of	12213
current revenues, and bonds issued to pay final judgments shall	12214
not be considered in calculating the net bonded indebtedness.	12215

"Net bonded indebtedness" does not include indebtedness	12216
arising from the acquisition of land to provide a site for	12217
classroom facilities constructed, acquired, or added to pursuant	12218
to sections 3318.01 to 3318.20 of the Revised Code or the par	12219
value of bonds that have been authorized by the electors and the	12220
proceeds of which will be used by the district to provide any part	12221
of its portion of the basic project cost.	12222

(G) "Board of elections" means the board of elections of the	12223
county containing the most populous portion of the school	12224
district.	12225

(H) "County auditor" means the auditor of the county in which	12226
the greatest value of taxable property of such school district is	12227
located.	12228

(I) "Tax duplicates" means the general tax lists and	12229
duplicates prescribed by sections 319.28 and 319.29 of the Revised	12230
Code.	12231

(J) "Required level of indebtedness" means:

12232

(1) In the case of school districts in the first percentile,	12233
five per cent of the district's valuation for the year preceding	12234
the year in which the controlling board approved the project under	12235
section 3318.04 of the Revised Code.	12236

(2) In the case of school districts ranked in a subsequent	12237
percentile, five per cent of the district's valuation for the year	12238
preceding the year in which the controlling board approved the	12239
project under section 3318.04 of the Revised Code, plus [two	12240
one-hundredths of one per cent multiplied by (the percentile in	12241
which the district ranks for the fiscal year preceding the fiscal	12242
year in which the controlling board approved the district's	12243
project minus one)].	12244

(K) "Required percentage of the basic project costs" means	12245
one per cent of the basic project costs times the percentile in	12246
which the school district ranks for the fiscal year preceding the	12247
fiscal year in which the controlling board approved the district's	12248
project.	12249

(L) "Basic project cost" means a cost amount determined in	12250
accordance with rules adopted under section 111.15 of the Revised	12251
Code by the Ohio school facilities commission. The basic project	12252
cost calculation shall take into consideration the square footage	12253
and cost per square foot necessary for the grade levels to be	12254
housed in the classroom facilities, the variation across the state	12255
in construction and related costs, the cost of the installation of	12256
site utilities and site preparation, the cost of demolition of all	12257
or part of any existing classroom facilities that are abandoned	12258
under the project, the cost of insuring the project until it is	12259
completed, any contingency reserve amount prescribed by the	12260
commission under section 3318.086 of the Revised Code, and the	12261
professional planning, administration, and design fees that a	12262
school district may have to pay to undertake a classroom	12263
facilities project.	12264

For a joint vocational school district that receives	12265
assistance under sections 3318.40 to 3318.45 of the Revised Code,	12266
the basic project cost calculation for a project under those	12267
sections shall also take into account the types of laboratory	12268
spaces and program square footages needed for the vocational	12269
education programs for high school students offered by the school	12270
district.	12271

For a district that opts to divide its entire classroom	12272
facilities needs into segments, each segment to be completed as a	12273
separate project, as authorized by section 3318.034 of the Revised	12274
Code, "basic project cost" means the cost determined in accordance	12275
with this division of a segment.	12276

(M)(1) Except for a joint vocational school district that	12277
receives assistance under sections 3318.40 to 3318.45 of the	12278
Revised Code, a "school district's portion of the basic project	12279
cost" means the amount determined under section 3318.032 of the	12280
Revised Code.	12281

(2) For a joint vocational school district that receives	12282
assistance under sections 3318.40 to 3318.45 of the Revised Code,	12283
a "school district's portion of the basic project cost" means the	12284
amount determined under division (C) of section 3318.42 of the	12285
Revised Code.	12286

(N) "Child care facility" means space within a classroom	12287
facility in which the needs of infants, toddlers, preschool	12288
children, and school children are provided for by persons other	12289
than the parent or guardian of such children for any part of the	12290
day, including persons not employed by the school district	12291
operating such classroom facility.	12292

(O) "Community resource center" means space within a	12293
classroom facility in which comprehensive services that support	12294
the needs of families and children are provided by community-based	12295
social service providers.	12296

(P) "Valuation" means the total value of all property in the	12297
school district as listed and assessed for taxation on the tax	12298
duplicates.	12299

(Q) "Percentile" means the percentile in which the school	12300
district is ranked pursuant to section 3318.011 of the Revised	12301
Code.	12302

(R) "Installation of site utilities" means the installation	12303
of a site domestic water system, site fire protection system, site	12304
gas distribution system, site sanitary system, site storm drainage	12305
system, and site telephone and data system.	12306

(S) "Site preparation" means the earthwork necessary for	12307
preparation of the building foundation system, the paved	12308
pedestrian and vehicular circulation system, playgrounds on the	12309
project site, and lawn and planting on the project site.	12310

Sec. 3318.03. (A) Before conducting an on-site evaluation of	12311
a school district under section 3318.02 of the Revised Code, at	12312
the request of the district board of education, the Ohio school	12313
facilities commission shall examine any classroom facilities needs	12314
assessment that has been conducted by the district and any master	12315
plan developed for meeting the facility needs of the district.	12316

(B) Upon conducting the on-site evaluation under section	12317
3318.02 of the Revised Code, the Ohio school facilities commission	12318
shall make a determination of all of the following:	12319

(1) The needs of the school district for additional classroom	12320
facilities;	12321

(2) The number of classroom facilities to be included in a	12322
project and the basic project cost of constructing, acquiring,	12323
reconstructing, or making additions to each such facility;	12324

(3) The amount of such cost that the school district can	12325
supply from available funds, by the issuance of bonds previously	12326
authorized by the electors of the school district the proceeds of	12327
which can lawfully be used for the project and by the issuance of	12328
bonds under section 3318.05 of the Revised Code;	12329

(4) The remaining amount of such cost that shall be supplied	12330
by the state;	12331

(5) The amount of the state's portion to be encumbered in	12332
accordance with section 3318.11 of the Revised Code in the current	12333
and subsequent fiscal years from funds appropriated for purposes	12334
of sections 3318.01 to 3318.20 of the Revised Code.	12335

For a district that opts to divide its entire classroom	12336
facilities needs into segments to be completed separately, as	12337
authorized by section 3318.034 of the Revised Code, the	12338
determinations made under divisions (B)(1) to (5) of this section	12339
apply only to the segment that currently is proceeding as a	12340
separate project in accordance with section 3318.034 of the	12341
Revised Code.	12342

(C) The commission shall make a determination in favor of	12343
constructing, acquiring, reconstructing, or making additions to a	12344
classroom facility only upon evidence that the proposed project	12345
conforms to sound educational practice, that it is in keeping with	12346
the orderly process of school district reorganization and	12347
consolidation, and that the actual or projected enrollment in each	12348
classroom facility proposed to be included in the project is at	12349
least three hundred fifty pupils. Exceptions shall be authorized	12350
only in those districts where topography, sparsity of population,	12351
and other factors make larger schools impracticable.	12352

If the school district board determines that an existing	12353
facility has historical value or for other good cause determines	12354
that an existing facility should be renovated in lieu of acquiring	12355
a comparable facility by new construction, the commission may	12356
approve the expenditure of project funds for the renovation of	12357
that facility up to but not exceeding one hundred per cent of the	12358
estimated cost of acquiring a comparable facility by new	12359
construction, as long as the commission determines that the	12360
facility when renovated can be operationally efficient, will be	12361
adequate for the future needs of the district, and will comply	12362
with the other provisions of this division.	12363

(D) Sections 125.81 and 153.04 of the Revised Code shall not	12364
apply to classroom facilities constructed under either sections	12365
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	12366
Code.	12367

Sec. 3318.032. (A) ~~The~~Except as otherwise provided in	12368
divisions (C) and (D) of this section, the portion of the basic	12369
project cost supplied by the school district shall be the greater	12370
of:	12371

(1) The required percentage of the basic project costs;

12372

(2) An(a) For all districts except a district that opts to	12373
divide its entire classroom facilities needs into segments to be	12374
completed separately as authorized by section 3318.034 of the	12375
Revised Code, an amount necessary to raise the school district's	12376
net bonded indebtedness, as of the date the controlling board	12377
approved the project, to within five thousand dollars of the	12378
required level of indebtedness.;	12379

(b) For a district that opts to divide its entire classroom	12380
facilities needs into segments to be completed separately as	12381
authorized by section 3318.034 of the Revised Code, an amount	12382
necessary to raise the school district's net bonded indebtedness,	12383
as of the date the controlling board approved the segment as a	12384
separate project, to within five thousand dollars of the	12385
following:	12386

The required level of indebtedness X (the basic	12387

project cost of the segment as approved as a separate	12388

project by the controlling board / the estimated basic	12389

project cost of the district's entire classroom facilities	12390

needs as determined jointly by the staff of the Ohio school	12391

facilities commission and the district)	12392

(B) The amount of the district's share determined under this	12393
section shall be calculated only as of the date the controlling	12394
board approved the project, and that amount applies throughout the	12395
one-year period permitted under section 3318.05 of the Revised	12396
Code for the district's electors to approve the propositions	12397
described in that section. If the amount reserved and encumbered	12398
for a project is released because the electors do not approve	12399
those propositions within that year, and the school district later	12400
receives the controlling board's approval for the project, the	12401
district's portion shall be recalculated in accordance with this	12402
section as of the date of the controlling board's subsequent	12403
approval.	12404

(C) ~~Notwithstanding anything to the contrary in division (A)~~	12405
~~or (B) of this section, at~~At no time shall a school district's	12406
portion of the basic project cost be greater than ninety-five per	12407
cent of the total basic project cost.	12408

(D) If the controlling board approves a project under	12409
sections 3318.01 to 3318.20 of the Revised Code for a school	12410
district that previously received assistance under those sections	12411
or section 3318.37 of the Revised Code within the twenty-year	12412
period prior to the date on which the controlling board approves	12413
the new project, the district's portion of the basic project cost	12414
for the new project shall be the lesser of the following:	12415

(1) The portion calculated under division (A) of this	12416
section;	12417

(2) The greater of the following:

12418

(a) The required percentage of the basic project costs for	12419
the new project;	12420

(b) The percentage of the basic project cost paid by the	12421
district for the previous project.	12422

Sec. 3318.033. (A) As used in this section:

12423

(1) "Formula ADM" has the same meaning as in section 3317.02	12424
of the Revised Code.	12425

(2) "Open enrollment net gain" has the same meaning as in	12426
section 3318.011 of the Revised Code.	12427

(B) This section applies to each school district that meets	12428
the following criteria:	12429

(1) The Ohio school facilities commission certified its	12430
conditional approval of the district's project under sections	12431
3318.01 to 3318.20 of the Revised Code after July 1, 2006, and	12432
prior to September 29, 2007, and the project had not been	12433
completed as of September 29, 2007.	12434

(2) Within one year after the date of the commission's	12435
certification of its conditional approval, the district's electors	12436
approved a bond issue to pay the district's portion of the basic	12437
project cost or the district board of education complied with	12438
section 3318.052 of the Revised Code.	12439

(3) In the fiscal year prior to the fiscal year in which the	12440
district's project was conditionally approved, the district had an	12441
open enrollment net gain that was ten per cent or more of its	12442
formula ADM.	12443

(C) For each school district to which this section applies,	12444
the department of education shall recalculate the district's	12445
percentile ranking under section 3318.011 of the Revised Code for	12446
the fiscal year prior to the fiscal year in which the district's	12447
project was conditionally approved and shall report the	12448
recalculated percentile ranking to the commission. For this	12449
purpose, the department shall recalculate every school district's	12450
percentile ranking for that fiscal year using the district's	12451
"valuation per pupil" as that term is defined in section 3318.011	12452
of the Revised Code on and after September 29, 2007.	12453

(D) For each school district to which this section applies,	12454
the commission shall use the recalculated percentile ranking	12455
reported under division (C) of this section to determine the	12456
district's portion of the basic project cost under section	12457
3318.032 of the Revised Code. The commission shall not use the	12458
recalculated percentile ranking for any other purpose, and the	12459
recalculated ranking shall not affect any other district's portion	12460
of the basic project cost under section 3318.032 of the Revised	12461
Code or any district's eligibility for assistance under sections	12462
3318.01 to 3318.20 of the Revised Code. The commission shall	12463
revise the agreement entered into under section 3318.08 of the	12464
Revised Code to reflect the district's new portion of the basic	12465
project cost as determined under this division.	12466

Sec. 3318.034. (A) This section applies to both of the	12467
following:	12468

(1) Any school district that has not executed an agreement	12469
for a project under sections 3318.01 to 3318.20 of the Revised	12470
Code prior to the effective date of this section;	12471

(2) Any school district that is eligible for additional	12472
assistance under sections 3318.01 to 3318.20 of the Revised Code	12473
pursuant to division (B)(2) of section 3318.04 of the Revised	12474
Code.	12475

Notwithstanding any provision of this chapter to the	12476
contrary, with the approval of the Ohio school facilities	12477
commission, any school district to which this section applies may	12478
opt to divide the district's entire classroom facilities needs, as	12479
those needs are jointly determined by the staff of the commission	12480
and the school district, into discrete segments and may proceed	12481
with each segment sequentially as a separate project under those	12482
sections. That project shall comply with all of the provisions of	12483
those sections unless otherwise provided in this section.	12484

(B) Each segment shall comply with all of the following:

12485

(1) The segment shall consist of the new construction of one	12486
or more entire buildings or the complete renovation of one or more	12487
entire existing buildings, with any necessary additions to that	12488
building.	12489

(2) The segment shall not include any construction of or	12490
renovation or repair to any building that does not complete the	12491
needs of the district with respect to that particular building at	12492
the time the segment is completed.	12493

(3) The segment shall consist of new construction,	12494
renovations, additions, reconstruction, or repair of classroom	12495
facilities to the extent that the school district portion, as	12496
determined under section 3318.032 of the Revised Code, is an	12497
amount not less than the product of 0.040 times the district's	12498
valuation at the time the project agreement for the segment is	12499
executed, unless the district previously has undertaken a segment	12500
as a separate project under this section and the district's	12501
portion of the estimated basic project cost of the remainder of	12502
its entire classroom facilities needs, as determined jointly by	12503
the staff of the commission and the district, is less than the	12504
amount otherwise required by this division.	12505

(C) The commission shall conditionally approve and seek	12506
controlling board approval in accordance with division (A) of	12507
section 3318.04 of the Revised Code of each segment, at the time	12508
it is proposed, as a separate project. Approval by the voting	12509
members of the commission or the controlling board of the	12510
district's entire classroom facilities needs, as determined	12511
jointly by the staff of the commission and district, shall not be	12512
required. If the commission conditionally approves and the	12513
controlling board approves the segment as a separate project, the	12514
district board accepts that approval pursuant to section 3318.05	12515
of the Revised Code, and the district electors approve any bond	12516
issuance and taxes necessary to pay the district's portion of the	12517
basic project cost or the district board otherwise raises	12518
sufficient funds, as authorized by this chapter, to pay the	12519
district's portion of the basic project cost, the commission	12520
shall enter into an agreement with the district board under	12521
section 3318.08 of the Revised Code for the segment as a separate	12522
project. That agreement shall include an acknowledgment that the	12523
project covered by the agreement is only one segment of the	12524
district's entire classroom facilities needs, as determined	12525
jointly by the staff of the commission and the district, and that	12526
the district may proceed with future segments under this section	12527
at a later time, as prescribed in division (D) of this section.	12528
The commission and the district board shall enter into a separate	12529
agreement under section 3318.08 of the Revised Code for each	12530
segment.	12531

(D) A school district that undertakes a segment of its entire	12532
classroom facilities needs, as determined jointly by the staff of	12533
the commission and the district, as a separate project may	12534
undertake a subsequent segment as another separate project at any	12535
time, as long as the current percentile of the district is	12536
eligible for assistance under section 3318.02 of the Revised Code.	12537

(E) The school district portion of the basic project cost of	12538
each segment undertaken as a separate project under this section	12539
shall be determined under section 3318.032 of the Revised Code	12540
using the district's current percentile.	12541

(F) The school district's maintenance levy requirement, as	12542
defined in section 3318.18 of the Revised Code, shall run for	12543
twenty-three years from the date the first segment is undertaken.	12544

Sec. 3318.04. (A) If the Ohio school facilities commission	12545
makes a determination under section 3318.03 of the Revised Code in	12546
favor of constructing, acquiring, reconstructing, or making	12547
additions to a classroom facility, the project shall be	12548
conditionally approved. Such conditional approval shall be	12549
submitted to the controlling board for approval thereof. The	12550
controlling board shall forthwith approve or reject the	12551
commission's determination, conditional approval, the amount of	12552
the state's portion of the basic project cost, and, the amount of	12553
the state's portion to be encumbered in the current fiscal year.	12554
In the event of approval thereof by the controlling board, the	12555
commission shall certify such conditional approval to the school	12556
district board and shall encumber from the total funds	12557
appropriated for the purpose of sections 3318.01 to 3318.20 of the	12558
Revised Code the amount approved under this section to be	12559
encumbered in the current fiscal year.	12560

The basic project cost for a project approved under this	12561
section shall not exceed the cost that would otherwise have to be	12562
incurred if the classroom facilities to be constructed, acquired,	12563
or reconstructed, or the additions to be made to classroom	12564
facilities, under such project meet, but do not exceed, the	12565
specifications for plans and materials for classroom facilities	12566
adopted by the commission.	12567

(B)(1) No school district shall have a project conditionally	12568
approved pursuant to this section if the school district has	12569
already received any assistance for a project funded under any	12570
version of sections 3318.01 to 3318.20 of the Revised Code, and	12571
the prior project was one for which the electors of such district	12572
approved a levy within the last twenty years pursuant to any	12573
version of section 3318.06 of the Revised Code for purposes of	12574
qualifying for the funding of that project, unless the district	12575
demonstrates to the satisfaction of the commission that the	12576
district has experienced since approval of its prior project an	12577
exceptional increase in enrollment significantly above the	12578
district's design capacity under that prior project as determined	12579
by rule of the commission.	12580

(2) Notwithstanding division (B)(1) of this section, any	12581
school district that received assistance under sections 3318.01 to	12582
3318.20 of the Revised Code, as those sections existed prior to	12583
May 20, 1997, may receive additional assistance under those	12584
sections, as they exist on and after May 20, 1997, prior to the	12585
expiration of the period of time required under division (B)(1) of	12586
this section, if the percentile in which the school district is	12587
located, as determined under section 3318.011 of the Revised Code,	12588
is eligible for assistance as prescribed in section 3318.02 of the	12589
Revised Code.	12590

The commission may provide assistance under sections 3318.01	12591
to 3318.20 of the Revised Code pursuant to this division to no	12592
more than five school districts per fiscal year until all eligible	12593
school districts have received the additional assistance	12594
authorized under this division. The commission shall establish	12595
application procedures, deadlines, and priorities for funding	12596
projects under this division.	12597

The commission at its discretion may waive current design	12598
specifications it has adopted for projects under sections 3318.01	12599
to 3318.20 of the Revised Code when assessing an application for	12600
additional assistance under this division for the renovation of	12601
classroom facilities constructed or renovated under a school	12602
district's previous project. If the commission finds that a	12603
school district's existing classroom facilities are adequate to	12604
meet all of the school district's needs, the commission may	12605
determine that no additional state assistance be awarded to a	12606
school district under this division.	12607

In order for a school district to be eligible to receive any	12608
additional assistance under this division, the school district	12609
electors shall extend the school district's existing levy	12610
dedicated for maintenance of classroom facilities under Chapter	12611
3318. of the Revised Code, pursuant to section 3318.061 of the	12612
Revised Code or shall provide equivalent alternative maintenance	12613
funds as specified in division (A)(2) of section 3318.06 of the	12614
Revised Code.	12615

(3) Notwithstanding division (B)(1) of this section, any	12616
school district that has received assistance under sections	12617
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	12618
receive additional assistance if the commission decides in favor	12619
of providing such assistance pursuant to section 3318.042 of the	12620
Revised Code.	12621

(4) Notwithstanding division (B)(1) of this section, any	12622
school district that has opted to divide its entire classroom	12623
facilities needs into segments to be completed separately, as	12624
authorized by section 3318.034 of the Revised Code, and that has	12625
received assistance under sections 3318.01 to 3318.20 of the	12626
Revised Code for one of those segments may receive assistance	12627
under those sections for a subsequent segment. Assistance for any	12628
subsequent segment shall not include any additional work on a	12629
building included in a prior segment unless the district	12630
demonstrates to the satisfaction of the commission that the	12631
district has experienced since the completion of the prior segment	12632
an exceptional increase in enrollment in the grade levels housed	12633
in that building.	12634

Sec. 3318.37. (A)(1) As used in this section:

12635

~~(a) "Large land area school district" means a school district~~	12636
~~with a territory of greater than three hundred square miles in any~~	12637
~~percentile as determined under section 3318.011 of the Revised~~	12638
~~Code.~~	12639

~~(b) "Low wealth school district" means a school district in~~	12640
~~the first through seventy-fifth percentiles as determined under~~	12641
~~section 3318.011 of the Revised Code.~~	12642

~~(c) A~~, "school district with an exceptional need for	12643
immediate classroom facilities assistance" means a ~~low wealth or~~	12644
~~large land area~~city, exempted village, or local school district	12645
with an exceptional need for new facilities in order to protect	12646
the health and safety of all or a portion of its students.	12647

(2) No school district reasonably expected to be eligible for	12648
state assistance under sections 3318.01 to 3318.20 of the Revised	12649
Code within three fiscal years after the year of the application	12650
for assistance under this section shall be eligible for	12651
assistance under this section, unless the district's entire	12652
classroom facilities plan consists of only a single building	12653
designed to house grades kindergarten through twelve and the	12654
district satisfies the conditions prescribed in divisions	12655
(A)(3)(a) and (b) of this section.	12656

(3) No school district that participates in the school	12657
building assistance expedited local partnership program under	12658
section 3318.36 of the Revised Code shall receive assistance under	12659
the program established under this section unless the following	12660
conditions are satisfied:	12661

(a) The district board adopted a resolution certifying its	12662
intent to participate in the school building assistance expedited	12663
local partnership program under section 3318.36 of the Revised	12664
Code prior to September 14, 2000.	12665

(b) The district was selected by the Ohio school facilities	12666
commission for participation in the school building assistance	12667
expedited local partnership program under section 3318.36 of the	12668
Revised Code in the manner prescribed by the commission under that	12669
section as it existed prior to September 14, 2000.	12670

(B)(1) There is hereby established the exceptional needs	12671
school facilities assistance program. Under the program, the Ohio	12672
school facilities commission may set aside from the moneys	12673
annually appropriated to it for classroom facilities assistance	12674
projects up to twenty-five per cent for assistance to school	12675
districts with exceptional needs for immediate classroom	12676
facilities assistance.	12677

(2)(a) After consulting with education and construction	12678
experts, the commission shall adopt guidelines for identifying	12679
school districts with an exceptional need for immediate classroom	12680
facilities assistance.	12681

(b) The guidelines shall include application forms and	12682
instructions for school districts to use in applying for	12683
assistance under this section.	12684

(3) The commission shall evaluate the classroom facilities,	12685
and the need for replacement classroom facilities from the	12686
applications received under this section. The commission,	12687
utilizing the guidelines adopted under division (B)(2)(a) of this	12688
section, shall prioritize the school districts to be assessed.	12689

Notwithstanding section 3318.02 of the Revised Code, the	12690
commission may conduct on-site evaluation of the school districts	12691
prioritized under this section and approve and award funds until	12692
such time as all funds set aside under division (B)(1) of this	12693
section have been encumbered. However, the commission need not	12694
conduct the evaluation of facilities if the commission determines	12695
that a district's assessment conducted under section 3318.36 of	12696
the Revised Code is sufficient for purposes of this section.	12697

(4) Notwithstanding division (A) of section 3318.05 of the	12698
Revised Code, the school district's portion of the basic project	12699
cost under this section shall be the "required percentage of the	12700
basic project costs," as defined in division (K) of section	12701
3318.01 of the Revised Code.	12702

(5) Except as otherwise specified in this section, any	12703
project undertaken with assistance under this section shall comply	12704
with all provisions of sections 3318.01 to 3318.20 of the Revised	12705
Code. A school district may receive assistance under sections	12706
3318.01 to 3318.20 of the Revised Code for the remainder of the	12707
district's classroom facilities needs as assessed under this	12708
section when the district is eligible for such assistance pursuant	12709
to section 3318.02 of the Revised Code, but any classroom facility	12710
constructed with assistance under this section shall not be	12711
included in a district's project at that time unless the	12712
commission determines the district has experienced the increased	12713
enrollment specified in division (B)(1) of section 3318.04 of the	12714
Revised Code.	12715

(C) No school district shall receive assistance under this	12716
section for a classroom facility that has been included in the	12717
discrete part of the district's classroom facilities needs	12718
identified and addressed in the district's project pursuant to an	12719
agreement entered into under section 3318.36 of the Revised Code,	12720
unless the district's entire classroom facilities plan consists of	12721
only a single building designed to house grades kindergarten	12722
through twelve.	12723

Sec. 3318.90. If the Ohio school facilities commission	12724
requires any contractor or subcontractor that bids for a contract	12725
or is awarded a contract for a project under this chapter to	12726
submit payroll records or other records relating to employee	12727
wages, fringe benefits, or other compensation to the commission,	12728
the commission shall keep those records confidential and shall not	12729
disseminate the information contained therein. If, with respect to	12730
those records, the commission engages in misappropriation, as	12731
defined in section 1333.61 of the Revised Code, the contractor or	12732
subcontractor, or any employee of the contractor or subcontractor	12733
who is affected by the misappropriation, may pursue enforcement of	12734
any rights or remedies established under sections 1333.61 to	12735
1333.69 of the Revised Code.	12736

Sec. 3319.291. (A) The state board of education shall	12737
require each of the following persons, at the times prescribed by	12738
division (A) of this section, to submit two complete sets of	12739
fingerprints and written permission that authorizes the	12740
superintendent of public instruction to forward the fingerprints	12741
to the bureau of criminal identification and investigation	12742
pursuant to division (F) of section 109.57 of the Revised Code and	12743
that authorizes that bureau to forward the fingerprints to the	12744
federal bureau of investigation for purposes of obtaining any	12745
criminal records that the federal bureau maintains on the person:	12746

(1) Any person initially applying for any certificate,	12747
license, or permit described in this chapter or in division (B) of	12748
section 3301.071 or in section 3301.074 of the Revised Code at	12749
the time that application is made;	12750

(2) Any person applying for renewal of any certificate,	12751
license, or permit described in division (A)(1) of this section at	12752
the time that application is made;	12753

(3) Any person who is teaching under a professional teaching	12754
certificate issued under former section 3319.22 or under section	12755
3319.222 of the Revised Code upon a date prescribed by the state	12756
board that is not later than five years after the date that the	12757
certificate was issued or renewed;	12758

(4) Any person who is teaching under a permanent teaching	12759
certificate issued under former section 3319.22 or under section	12760
3319.222 of the Revised Code upon a date prescribed by the state	12761
board and every five years thereafter.	12762

(B) Except as provided in division (C) of this section, prior	12763
to issuing or renewing any certificate, license, or permit	12764
described in division (A)(1) or (2) of this section and in the	12765
case of a person required to submit fingerprints and written	12766
permission under division (A)(3) or (4) of this section, the state	12767
board or the superintendent of public instruction shall request	12768
the superintendent of the bureau of criminal identification and	12769
investigation to investigate and determine whether the bureau has	12770
any information, gathered pursuant to division (A) of section	12771
109.57 of the Revised Code, pertaining to any person submitting	12772
fingerprints and written permission under this section and to	12773
obtain any criminal records that the federal bureau of	12774
investigation has on the person.	12775

(C) The state board or the superintendent of public	12776
instruction may choose not to request any information required by	12777
division (B) of this section if the person applying for the	12778
issuance or renewal of a certificate, license, or permit described	12779
in division (A)(1) or (2) of this section or the person required	12780
to submit fingerprints and written permission under division	12781
(A)(3) or (4) of this section provides proof that a criminal	12782
records check was conducted on the person as a condition of	12783
employment pursuant to section 3319.39 of the Revised Code within	12784
the immediately preceding year. The state board or the	12785
superintendent of public instruction may accept a certified copy	12786
of records that were issued by the bureau of criminal	12787
identification and investigation and that are presented by a	12788
person applying for the issuance or renewal of a certificate,	12789
license, or permit described in this section in lieu of requesting	12790
that information under division (B) of this section if the records	12791
were issued by the bureau within the immediately preceding year.	12792

(D) Notwithstanding divisions (A) and (B) of this section, if	12793
a person holds more than one certificate, license, or permit	12794
described in division (A)(1) of this section, the following shall	12795
apply:	12796

(1) If the certificates, licenses, or permits are of	12797
different durations, the person shall be subject to divisions	12798
(A)(2) and (B) of this section only when applying for renewal of	12799
the certificate, license, or permit that is of the longest	12800
duration. Prior to renewing any certificate, license, or permit	12801
with a shorter duration, the state board or the superintendent of	12802
public instruction shall determine whether the department of	12803
education has received any information about the person pursuant	12804
to section 109.5721 of the Revised Code, but the person shall not	12805
be subject to division (A)(2) or (B) of this section as long as	12806
the person's certificate, license, or permit with the longest	12807
duration is valid.	12808

(2) If the certificates, licenses, or permits are of the same	12809
duration but do not expire in the same year, the person shall	12810
designate one of the certificates, licenses, or permits as the	12811
person's primary certificate, license, or permit and shall notify	12812
the department of that designation. The person shall be subject to	12813
divisions (A)(2) and (B) of this section only when applying for	12814
renewal of the person's primary certificate, license, or permit.	12815
Prior to renewing any certificate, license, or permit that is not	12816
the person's primary certificate, license, or permit, the state	12817
board or the superintendent of public instruction shall determine	12818
whether the department has received any information about the	12819
person pursuant to section 109.5721 of the Revised Code, but the	12820
person shall not be subject to division (A)(2) or (B) of this	12821
section as long as the person's primary certificate, license, or	12822
permit is valid.	12823

(3) If the certificates, licenses, or permits are of the same	12824
duration and expire in the same year and the person applies for	12825
renewal of the certificates, licenses, or permits at the same	12826
time, the state board or the superintendent of public instruction	12827
shall request only one criminal records check of the person under	12828
division (B) of this section.	12829

Sec. 3323.30. ~~The Ohio center for autism and low incidence~~	12830
~~is hereby established within the department of education's office~~	12831
~~for exceptional children, or any successor of that office. The~~	12832
~~center shall administer programs and coordinate services for~~	12833
~~infants, preschool and school-age children, and adults with autism~~	12834
~~and low incidence disabilities. The center's principal focus shall~~	12835
~~be programs and services for persons with autism. The center shall~~	12836
~~be under the direction of an executive director, appointed by the~~	12837
~~superintendent of public instruction in consultation with the~~	12838
~~advisory board established under section 3323.31 of the Revised~~	12839
~~Code. The department shall use state and federal funds~~	12840
~~appropriated to the department for operation of the center.~~	12841

As used in ~~this section and in~~ sections 3323.31 to ~~3323.33~~	12842
3323.35 of the Revised Code, "autism and low incidence	12843
disabilities" includes any of the following:	12844

(A) Autism;

12845

(B) Hearing impairment;

12846

12847

(D) Orthopedic disability;

12848

(E) Other health impairment;

12849

(F) Traumatic brain injury;

12850

(G) Visual impairment.

12851

Sec. 3323.31. The Franklin county educational service center	12852
shall establish the Ohio Center for Autism and Low Incidence. The	12853
Center shall administer programs and coordinate services for	12854
infants, preschool and school-age children, and adults with autism	12855
and low incidence disabilities. The Center's principal focus shall	12856
be programs and services for persons with autism. The Center shall	12857
be under the direction of an executive director, appointed by the	12858
superintendent of the service center in consultation with the	12859
advisory board established under section 3323.33 of the Revised	12860
Code.	12861

In addition to its other duties, the Ohio Center for Autism	12862
and Low Incidence shall participate as a member of an interagency	12863
workgroup on autism, as it is established by the department of	12864
mental retardation and developmental disabilities and shall	12865
provide technical assistance and support to the department in the	12866
department's leadership role to develop and implement the	12867
initiatives identified by the workgroup.	12868

Sec. 3323.32. (A) The department of education shall contract	12869
with an entity to administer programs and coordinate services for	12870
infants, preschool and school-age children, and adults with	12871
autism and low incidence disabilities. The entity shall be	12872
selected by the superintendent of public instruction in	12873
consultation with the advisory board established under section	12874
3323.33 of the Revised Code.	12875

The contract with the entity selected shall include, but not	12876
be limited to, the following provisions:	12877

(1) A description of the programs to be administered and	12878
services to be provided or coordinated by the entity, which shall	12879
include at least the duties prescribed by sections 3323.34 and	12880
3323.35 of the Revised Code;	12881

(2) A description of the expected outcomes from the programs	12882
administered and services provided or coordinated by the entity;	12883

(3) A stipulation that the entity's performance is subject to	12884
evaluation by the department and renewal of the entity's contract	12885
is subject to the department's satisfaction with the entity's	12886
performance;	12887

(4) A description of the measures and milestones the	12888
department will use to determine whether the performance of the	12889
entity is satisfactory;	12890

(5) Any other provision the department determines is	12891
necessary to ensure the quality of services to individuals with	12892
autism and low incidence disabilities.	12893

(B) In selecting the entity under division (A) of this	12894
section, the superintendent and the advisory board shall give	12895
primary consideration to the Ohio Center for Autism and Low	12896
Incidence, established under section 3323.31 of the Revised Code,	12897
as long as the principal goals and mission of the Center, as	12898
determined by the superintendent and the advisory board, are	12899
consistent with the requirements of divisions (A)(1) to (5) of	12900
this section.	12901

~~Sec. 3323.31.~~ Sec. 3323.33. The superintendent of public	12902
instruction shall establish an advisory board to assist and	12903
advise the ~~department of education~~Franklin county educational	12904
service center in the operation of the Ohio ~~center for autism and~~	12905
~~low incidence~~Center for Autism and Low Incidence and the	12906
superintendent of public instruction in selecting an entity to	12907
administer programs and coordinate services for individuals with	12908
autism and low incidence disabilities as required by section	12909
3323.32 of the Revised Code and to provide technical assistance	12910
in the provision of such services. As determined by the	12911
superintendent, the advisory board shall consist of individuals	12912
who are stakeholders in the service to persons with autism and	12913
low incidence disabilities, including, but not limited to, the	12914
following:	12915

(A) Persons with autism and low incidence disabilities;

12916

(B) Parents and family members;

12917

12918

(D) Higher education instructors;

12919

(E) Representatives of state agencies.

12920

The advisory board shall be organized as determined by the	12921
superintendent.	12922

Members of the advisory board shall receive no compensation	12923
for their services.	12924

~~Sec. 3323.32.~~ Sec. 3323.34. The ~~Ohio center for autism and low~~	12925
~~incidence~~entity selected under section 3323.32 of the Revised	12926
Code shall do all of the following:	12927

(A) Collaborate and consult with state agencies that serve	12928
persons with autism and low incidence disabilities;	12929

(B) Collaborate and consult with institutions of higher	12930
education in development and implementation of courses for	12931
educators and other professionals serving persons with autism and	12932
low incidence disabilities;	12933

12934

(D) Create and implement programs for professional	12935
development, technical assistance, intervention services, and	12936
research in the treatment of persons with autism and low incidence	12937
disabilities;	12938

(E) Create a regional network for communication and	12939
dissemination of information among educators and professionals	12940
serving persons with autism and low incidence disabilities. The	12941
regional network shall address educational services, evaluation,	12942
diagnosis, assistive technology, family support, leisure and	12943
recreational activities, transition, employment and adult	12944
services, and medical care for persons with autism and low	12945
incidence disabilities.	12946

(F) Develop a statewide clearinghouse for information about	12947
autism spectrum disorders and low incidence disabilities, as	12948
described in section ~~3323.33~~3323.35 of the Revised Code.	12949

~~Sec. 3323.33.~~ Sec. 3323.35. In developing a clearinghouse for	12950
information about autism spectrum disorders and low incidence	12951
disabilities, as required under section ~~3323.32~~3323.34 of the	12952
Revised Code, the ~~Ohio center for autism and low incidence~~entity	12953
selected under section 3323.32 of the Revised Code shall do all	12954
of the following:	12955

(A) Maintain a collection of resources for public	12956
distribution;	12957

(B) Monitor information on resources, trends, policies,	12958
services, and current educational interventions;	12959

(C) Respond to requests for information from parents and	12960
educators of children with autism and low incidence disabilities.	12961

Sec. 3326.45. (A) The governing body of a science,	12962
technology, engineering, and mathematics school may contract with	12963
the governing board of an educational service center or the board	12964
of education of a joint vocational school district for the	12965
provision of services to the STEM school or to any student	12966
enrolled in the school. Services provided under the contract and	12967
the amount to be paid for those services shall be mutually agreed	12968
to by the parties to the contract, and shall be specified in the	12969
contract.	12970

(B) A contract entered into under this section may require an	12971
educational service center to provide any one or a combination of	12972
the following services to a STEM school:	12973

(1) Supervisory teachers;

12974

(2) In-service and continuing education programs for	12975
personnel of the STEM school;	12976

(3) Curriculum services as provided to the local school	12977
districts under the supervision of the service center;	12978

(4) Research and development programs;

12979

(5) Academic instruction for which the service center	12980
governing board employs teachers;	12981

(6) Assistance in the provision of special accommodations and	12982
classes for students with disabilities.	12983

Services described in division (B) of this section shall be	12984
provided to the STEM school in the same manner they are provided	12985
to local school districts under the service center's supervision,	12986
unless otherwise specified in the contract. The contract shall	12987
specify whether the service center will receive a per-pupil	12988
payment from the department of education for the provision of	12989
these services and, if so, the amount of the per-pupil payment,	12990
which shall not exceed the per-pupil amount paid to the service	12991
center under division (F) of section 3317.11 of the Revised Code	12992
for each student in the service center ADM.	12993

(C) For each contract entered into under this section, the	12994
department shall deduct the amount owed by the STEM school from	12995
the state funds due to the STEM school under this chapter and	12996
shall pay that amount to the educational service center or joint	12997
vocational school district that is party to the contract. In the	12998
case of a contract with an educational service center that	12999
specifies per-pupil payments for the provision of services	13000
described in division (B) of this section, the department also	13001
shall pay the service center the amount calculated under division	13002
(H) of section 3317.11 of the Revised Code.	13003

(D) No contract entered into under this section shall be	13004
valid unless a copy is filed with the department by the first day	13005
of the school year for which the contract is in effect.	13006

Sec. 3326.51. (A) As used in this section:

13007

(1) "Resident district" has the same meaning as in section	13008
3326.31 of the Revised Code.	13009

(2) "STEM school sponsoring district" means a municipal,	13010
city, local, exempted village, or joint vocational school district	13011
that governs and controls a STEM school pursuant to this section.	13012

(B) Notwithstanding any other provision of this chapter to	13013
the contrary:	13014

(1) If a proposal for a STEM school submitted under section	13015
3326.03 of the Revised Code proposes that the governing body of	13016
the school be the board of education of a municipal, city, local,	13017
exempted village, or joint vocational school district that is one	13018
of the partners submitting the proposal, and the partnership for	13019
continued learning approves that proposal, that school district	13020
board shall govern and control the STEM school as one of the	13021
schools of its district.	13022

(2) The STEM school sponsoring district shall maintain a	13023
separate accounting for the STEM school as a separate and distinct	13024
operational unit within the district's finances. The auditor of	13025
state, in the course of an annual or biennial audit of the school	13026
district serving as the STEM school sponsoring district, shall	13027
audit that school district for compliance with the financing	13028
requirements of this section.	13029

(3) With respect to students enrolled in a STEM school whose	13030
resident district is the STEM school sponsoring district:	13031

(a) The department of education shall make no deductions	13032
under section 3326.33 of the Revised Code from the STEM school	13033
sponsoring district's state payments.	13034

(b) The STEM school sponsoring district shall ensure that it	13035
allocates to the STEM school funds equal to or exceeding the	13036
amount that would be calculated pursuant to division (B) of	13037
section 3313.981 of the Revised Code for the students attending	13038
the school whose resident district is the STEM school sponsoring	13039
district.	13040

(c) The STEM school sponsoring district is responsible for	13041
providing children with disabilities with a free appropriate	13042
public education under Chapter 3323. of the Revised Code.	13043

(d) The STEM school sponsoring district shall provide student	13044
transportation in accordance with laws and policies generally	13045
applicable to the district.	13046

(4) With respect to students enrolled in the STEM school	13047
whose resident district is another school district, the department	13048
shall make no payments or deductions under sections 3326.31 to	13049
3326.49 of the Revised Code. Instead, the students shall be	13050
considered as open enrollment students and the department shall	13051
make payments and deductions in accordance with section 3313.981	13052
of the Revised Code. The STEM school sponsoring district shall	13053
allocate the payments to the STEM school. The STEM school	13054
sponsoring district may enter into financial agreements with the	13055
students' resident districts, which agreements may provide	13056
financial support in addition to the funds received from the open	13057
enrollment calculation. The STEM school sponsoring district shall	13058
allocate all such additional funds to the STEM school.	13059

(5) Where the department is required to make, deny, reduce,	13060
or adjust payments to a STEM school sponsoring district pursuant	13061
to this section, it shall do so in such a manner that the STEM	13062
school sponsoring district may allocate that action to the STEM	13063
school.	13064

(6) A STEM school sponsoring district and its board may	13065
assign its district employees to the STEM school, in which case	13066
section 3326.18 of the Revised Code shall not apply. The district	13067
and board may apply any other resources of the district to the	13068
STEM school in the same manner that it applies district resources	13069
to other district schools.	13070

(7) Provisions of this chapter requiring a STEM school and	13071
its governing body to comply with specified laws as if it were a	13072
school district and in the same manner as a board of education	13073
shall instead require such compliance by the STEM school	13074
sponsoring district and its board of education, respectively, with	13075
respect to the STEM school. Where a STEM school or its governing	13076
body is required to perform a specific duty or permitted to take a	13077
specific action under this chapter, that duty is required to be	13078
performed or that action is permitted to be taken by the STEM	13079
school sponsoring district or its board of education,	13080
respectively, with respect to the STEM school.	13081

(8) No provision of this chapter limits the authority, as	13082
provided otherwise by law, of a school district and its board of	13083
education to levy taxes and issue bonds secured by tax revenues.	13084

(9) The treasurer of the STEM school sponsoring district or,	13085
if the STEM school sponsoring district is a municipal school	13086
district, the chief financial officer of the district, shall have	13087
all of the respective rights, authority, exemptions, and duties	13088
otherwise conferred upon the treasurer or chief financial officer	13089
by the Revised Code.	13090

Sec. 3333.04. The chancellor of the Ohio board of regents	13091
shall:	13092

(A) Make studies of state policy in the field of higher	13093
education and formulate a master plan for higher education for the	13094
state, considering the needs of the people, the needs of the	13095
state, and the role of individual public and private institutions	13096
within the state in fulfilling these needs;	13097

(B)(1) Report annually to the governor and the general	13098
assembly on the findings from the chancellor's studies and the	13099
master plan for higher education for the state;	13100

(2) Report at least semiannually to the general assembly and	13101
the governor the enrollment numbers at each state-assisted	13102
institution of higher education.	13103

(C) Approve or disapprove the establishment of new branches	13104
or academic centers of state colleges and universities;	13105

(D) Approve or disapprove the establishment of state	13106
technical colleges or any other state institution of higher	13107
education;	13108

(E) Recommend the nature of the programs, undergraduate,	13109
graduate, professional, state-financed research, and public	13110
services which should be offered by the state colleges,	13111
universities, and other state-assisted institutions of higher	13112
education in order to utilize to the best advantage their	13113
facilities and personnel;	13114

(F) Recommend to the state colleges, universities, and other	13115
state-assisted institutions of higher education graduate or	13116
professional programs, including, but not limited to, doctor of	13117
philosophy, doctor of education, and juris doctor programs, that	13118
could be eliminated because they constitute unnecessary	13119
duplication, as shall be determined using the process developed	13120
pursuant to this division, or for other good and sufficient cause.	13121
Prior to recommending a program for elimination, the chancellor	13122
shall request the board of regents to hold at least one public	13123
hearing on the matter and advise the chancellor on whether the	13124
program should be recommended for elimination. The board shall	13125
provide notice of each hearing within a reasonable amount of time	13126
prior to its scheduled date. Following the hearing, the board	13127
shall issue a recommendation to the chancellor. The chancellor	13128
shall consider the board's recommendation but shall not be	13129
required to accept it.	13130

For purposes of determining the amounts of any state	13131
instructional subsidies paid to state colleges, universities, and	13132
other state-assisted institutions of higher education, the	13133
chancellor may exclude students enrolled in any program that the	13134
chancellor has recommended for elimination pursuant to this	13135
division except that the chancellor shall not exclude any such	13136
student who enrolled in the program prior to the date on which the	13137
chancellor initially commences to exclude students under this	13138
division.	13139

The chancellor and state colleges, universities, and other	13140
state-assisted institutions of higher education shall jointly	13141
develop a process for determining which existing graduate or	13142
professional programs constitute unnecessary duplication.	13143

(G) Recommend to the state colleges, universities, and other	13144
state-assisted institutions of higher education programs which	13145
should be added to their present programs;	13146

(H) Conduct studies for the state colleges, universities, and	13147
other state-assisted institutions of higher education to assist	13148
them in making the best and most efficient use of their existing	13149
facilities and personnel;	13150

(I) Make recommendations to the governor and general assembly	13151
concerning the development of state-financed capital plans for	13152
higher education; the establishment of new state colleges,	13153
universities, and other state-assisted institutions of higher	13154
education; and the establishment of new programs at the existing	13155
state colleges, universities, and other institutions of higher	13156
education;	13157

(J) Review the appropriation requests of the public community	13158
colleges and the state colleges and universities and submit to the	13159
office of budget and management and to the chairpersons of the	13160
finance committees of the house of representatives and of the	13161
senate the chancellor's recommendations in regard to the biennial	13162
higher education appropriation for the state, including	13163
appropriations for the individual state colleges and universities	13164
and public community colleges. For the purpose of determining the	13165
amounts of instructional subsidies to be paid to state-assisted	13166
colleges and universities, the chancellor shall define "full-time	13167
equivalent student" by program per academic year. The definition	13168
may take into account the establishment of minimum enrollment	13169
levels in technical education programs below which support	13170
allowances will not be paid. Except as otherwise provided in this	13171
section, the chancellor shall make no change in the definition of	13172
"full-time equivalent student" in effect on November 15, 1981,	13173
which would increase or decrease the number of subsidy-eligible	13174
full-time equivalent students, without first submitting a fiscal	13175
impact statement to the president of the senate, the speaker of	13176
the house of representatives, the legislative service commission,	13177
and the director of budget and management. The chancellor shall	13178
work in close cooperation with the director of budget and	13179
management in this respect and in all other matters concerning the	13180
expenditures of appropriated funds by state colleges,	13181
universities, and other institutions of higher education.	13182

(K) Seek the cooperation and advice of the officers and	13183
trustees of both public and private colleges, universities, and	13184
other institutions of higher education in the state in performing	13185
the chancellor's duties and making the chancellor's plans,	13186
studies, and recommendations;	13187

(L) Appoint advisory committees consisting of persons	13188
associated with public or private secondary schools, members of	13189
the state board of education, or personnel of the state department	13190
of education;	13191

(M) Appoint advisory committees consisting of college and	13192
university personnel, or other persons knowledgeable in the field	13193
of higher education, or both, in order to obtain their advice and	13194
assistance in defining and suggesting solutions for the problems	13195
and needs of higher education in this state;	13196

(N) Approve or disapprove all new degrees and new degree	13197
programs at all state colleges, universities, and other	13198
state-assisted institutions of higher education;	13199

(O) Adopt such rules as are necessary to carry out the	13200
chancellor's duties and responsibilities. The rules shall	13201
prescribe procedures for the chancellor to follow when taking	13202
actions associated with the chancellor's duties and	13203
responsibilities and shall indicate which types of actions are	13204
subject to those procedures. The procedures adopted under this	13205
division shall be in addition to any other procedures prescribed	13206
by law for such actions. However, if any other provision of the	13207
Revised Code or rule adopted by the chancellor prescribes	13208
different procedures for such an action, the procedures adopted	13209
under this division shall not apply to that action to the extent	13210
they conflict with the procedures otherwise prescribed by law. The	13211
procedures adopted under this division shall include at least the	13212
following:	13213

(1) Provision for public notice of the proposed action;

13214

(2) An opportunity for public comment on the proposed action,	13215
which may include a public hearing on the action by the board of	13216
regents;	13217

(3) Methods for parties that may be affected by the proposed	13218
action to submit comments during the public comment period;	13219

(4) Submission of recommendations from the board of regents	13220
regarding the proposed action, at the request of the chancellor;	13221

(5) Written publication of the final action taken by the	13222
chancellor and the chancellor's rationale for the action;	13223

(6) A timeline for the process described in divisions (O)(1)	13224
to (5) of this section.	13225

(P) Establish and submit to the governor and the general	13226
assembly a clear and measurable set of goals and timetables for	13227
their achievement for each program under the chancellor's	13228
supervision that is designed to accomplish any of the following:	13229

(1) Increased access to higher education;

13230

(2) Job training;

13231

(3) Adult literacy;

13232

(4) Research;

13233

(5) Excellence in higher education;

13234

(6) Reduction in the number of graduate programs within the	13235
same subject area.	13236

In July of each odd-numbered year, the chancellor shall	13237
submit to the governor and the general assembly a report on	13238
progress made toward these goals.	13239

(Q) Make recommendations to the governor and the general	13240
assembly regarding the design and funding of the student financial	13241
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	13242
3333.27, and 5910.02 of the Revised Code;	13243

(R) Participate in education-related state or federal	13244
programs on behalf of the state and assume responsibility for the	13245
administration of such programs in accordance with applicable	13246
state or federal law;	13247

(S) Adopt rules for student financial aid programs as	13248
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	13249
3333.28, and 5910.02 of the Revised Code, and perform any other	13250
administrative functions assigned to the chancellor by those	13251
sections;	13252

(T) ~~Administer contracts under sections 3702.74 and 3702.75~~	13253
~~of the Revised Code in accordance with rules adopted by the~~	13254
~~director of health under section 3702.79 of the Revised Code;~~	13255

~~(U)~~ Conduct enrollment audits of state-supported institutions	13256
of higher education;	13257

~~(V)~~(U) Appoint ~~consortiums~~consortia of college and	13258
university personnel to advise or participate in the development	13259
and operation of statewide collaborative efforts, including the	13260
Ohio supercomputer center, the Ohio academic resources network,	13261
OhioLink, and the Ohio learning network. For each consortium, the	13262
chancellor shall designate a college or university to serve as	13263
that consortium's fiscal agent, financial officer, and employer.	13264
Any funds appropriated for the ~~consortiums~~consortia shall be	13265
distributed to the fiscal agents for the operation of the	13266
~~consortiums~~consortia. A consortium shall follow the rules of the	13267
college or university that serves as its fiscal agent. The	13268
chancellor may restructure existing consortia, appointed under	13269
this division, in accordance with procedures adopted under	13270
divisions (D)(1) to (6) of this section.	13271

~~(W)~~(V) Adopt rules establishing advisory duties and	13272
responsibilities of the board of regents not otherwise prescribed	13273
by law;	13274

~~(X)~~(W) Respond to requests for information about higher	13275
education from members of the general assembly and direct staff to	13276
conduct research or analysis as needed for this purpose.	13277

Sec. 3333.044. (A) The chancellor of the Ohio board of	13278
regents may contract with any consultants that are necessary for	13279
the discharge of the chancellor's duties under this chapter.	13280

(B) The chancellor may purchase, upon the terms that the	13281
chancellor determines to be advisable, one or more policies of	13282
insurance from insurers authorized to do business in this state	13283
that insure consultants who have contracted with the chancellor	13284
under division (A) of this section or members of an advisory	13285
committee appointed under section 3333.04 of the Revised Code,	13286
with respect to the activities of the consultants or advisory	13287
committee members in the course of the performance of their	13288
responsibilities as consultants or advisory committee members.	13289

(C) Subject to the approval of the controlling board, the	13290
chancellor may contract with any entities for the discharge of the	13291
chancellor's duties and responsibilities under any of the programs	13292
established pursuant to sections 3333.12, 3333.122, 3333.21 to	13293
3333.28, ~~3702.71 to 3702.81,~~ and 5120.55, and Chapter 5910. of the	13294
Revised Code. The chancellor shall not enter into a contract under	13295
this division unless the proposed contractor demonstrates that its	13296
primary purpose is to promote access to higher education by	13297
providing student financial assistance through loans, grants, or	13298
scholarships, and by providing high quality support services and	13299
information to students and their families with regard to such	13300
financial assistance.	13301

Chapter 125. of the Revised Code does not apply to contracts	13302
entered into pursuant to this section. In awarding contracts under	13303
this division, the chancellor shall consider factors such as the	13304
cost of the administration of the contract, the experience of the	13305
contractor, and the contractor's ability to properly execute the	13306
contract.	13307

Sec. 3333.045. As used in this section, "state university or	13308
college" means any state university listed in section 3345.011 of	13309
the Revised Code, the northeastern Ohio universities college of	13310
medicine, any community college under Chapter 3354. of the	13311
Revised Code, any university branch district under Chapter 3355.	13312
of the Revised Code, any technical college under Chapter 3357. of	13313
the Revised Code, and any state community college under Chapter	13314
3358. of the Revised Code.	13315

The chancellor of the Ohio board of regents shall work with	13316
the attorney general, the auditor of state, and the Ohio ethics	13317
commission to develop a model for training members of the boards	13318
of trustees of all state universities and colleges and members of	13319
the board of regents regarding the authority and responsibilities	13320
of a board of trustees or the board of regents. This model shall	13321
include a review of fiduciary responsibilities, ethics, and fiscal	13322
management. Use of this model by members of boards of trustees and	13323
the board of regents shall be voluntary.	13324

~~This section does not apply to the three members of the board~~	13325
~~of trustees of the northeastern Ohio universities college of~~	13326
~~medicine who are presidents of state universities.~~	13327

Sec. 3333.122. (A) As used in this section:

13328

(1) "Eligible student" means a student who is:

13329

(a) An Ohio resident who first enrolls in an undergraduate	13330
program in the 2006-2007 academic year or thereafter;	13331

(b) If the student first enrolled in an undergraduate	13332
program in the 2006-2007 or 2007-2008 academic year, the student	13333
is enrolled in ~~either~~one of the following:	13334

(i) An accredited institution of higher education in this	13335
state that meets the requirements of Title VI of the Civil Rights	13336
Act of 1964 and is state-assisted, is nonprofit and has a	13337
certificate of authorization pursuant to Chapter 1713. of the	13338
Revised Code, has a certificate of registration from the state	13339
board of career colleges and schools and program authorization to	13340
award an associate or bachelor's degree, or is a private	13341
institution exempt from regulation under Chapter 3332. of the	13342
Revised Code as prescribed in section 3333.046 of the Revised	13343
Code. Students who attend an institution that holds a certificate	13344
of registration shall be enrolled in a program leading to an	13345
associate or bachelor's degree for which associate or bachelor's	13346
degree program the institution has program authorization issued	13347
under section 3332.05 of the Revised Code.	13348

(ii) A technical education program of at least two years	13349
duration sponsored by a private institution of higher education in	13350
this state that meets the requirements of Title VI of the Civil	13351
Rights Act of 1964;	13352

(iii) A nursing diploma program approved by the board of	13353
nursing under division (A)(5) of section 4723.06 of the Revised	13354
Code and that meets the requirements of Title VI of the Civil	13355
Rights Act of 1964.	13356

(c) If the student first enrolled in an undergraduate program	13357
after the 2007-2008 academic year, the student is enrolled in	13358
~~either~~one of the following:	13359

(i) An accredited institution of higher education in this	13360
state that meets the requirements of Title VI of the Civil Rights	13361
Act of 1964 and is state-assisted, is nonprofit and has a	13362
certificate of authorization pursuant to Chapter 1713. of the	13363
Revised Code, or is a private institution exempt from regulation	13364
under Chapter 3332. of the Revised Code as prescribed in section	13365
3333.046 of the Revised Code;	13366

(ii) An education program of at least two years duration	13367
sponsored by a private institution of higher education in this	13368
state that meets the requirements of Title VI of the Civil Rights	13369
Act of 1964 and has a certificate of authorization pursuant to	13370
Chapter 1713. of the Revised Code;	13371

(iii) A nursing diploma program approved by the board of	13372
nursing under division (A)(5) of section 4723.06 of the Revised	13373
Code and that meets the requirements of Title VI of the Civil	13374
Rights Act of 1964.	13375

(2) A student who participated in either the early college	13376
high school program administered by the department of education or	13377
in the post-secondary enrollment options program pursuant to	13378
Chapter 3365. of the Revised Code before the 2006-2007 academic	13379
year shall not be excluded from eligibility for a needs-based	13380
financial aid grant under this section.	13381

(3) "Resident," "expected family contribution" or "EFC,"	13382
"full-time student," "three-quarters-time student," "half-time	13383
student," "one-quarter-time student," and "accredited" shall be	13384
defined by rules adopted by the chancellor of the Ohio board of	13385
regents.	13386

(B) The chancellor shall establish and administer a	13387
needs-based financial aid program based on the United States	13388
department of education's method of determining financial need and	13389
may adopt rules to carry out this section. The program shall be	13390
known as the Ohio college opportunity grant program. The general	13391
assembly shall support the needs-based financial aid program by	13392
such sums and in such manner as it may provide, but the chancellor	13393
may also receive funds from other sources to support the program.	13394
If the amounts available for support of the program are inadequate	13395
to provide grants to all eligible students, preference in the	13396
payment of grants shall be given in terms of expected family	13397
contribution, beginning with the lowest expected family	13398
contribution category and proceeding upward by category to the	13399
highest expected family contribution category.	13400

A needs-based financial aid grant shall be paid to an	13401
eligible student through the institution in which the student is	13402
enrolled, except that no needs-based financial aid grant shall be	13403
paid to any person serving a term of imprisonment. Applications	13404
for such grants shall be made as prescribed by the chancellor, and	13405
such applications may be made in conjunction with and upon the	13406
basis of information provided in conjunction with student	13407
assistance programs funded by agencies of the United States	13408
government or from financial resources of the institution of	13409
higher education. The institution shall certify that the student	13410
applicant meets the requirements set forth in divisions (A)(1)(a)	13411
and (b) of this section. Needs-based financial aid grants shall be	13412
provided to an eligible student only as long as the student is	13413
making appropriate progress toward a nursing diploma or an	13414
associate or bachelor's degree. No student shall be eligible to	13415
receive a grant for more than ten semesters, fifteen quarters, or	13416
the equivalent of five academic years. A grant made to an eligible	13417
student on the basis of less than full-time enrollment shall be	13418
based on the number of credit hours for which the student is	13419
enrolled and shall be computed in accordance with a formula	13420
adopted by the chancellor. No student shall receive more than one	13421
grant on the basis of less than full-time enrollment.	13422

A needs-based financial aid grant shall not exceed the total	13423
instructional and general charges of the institution.	13424

(C) The tables in this division prescribe the maximum grant	13425
amounts covering two semesters, three quarters, or a comparable	13426
portion of one academic year. Grant amounts for additional terms	13427
in the same academic year shall be determined under division (D)	13428
of this section.	13429

As used in the tables in division (C) of this section:

13430

(1) "Private institution" means an institution that is	13431
nonprofit and has a certificate of authorization pursuant to	13432
Chapter 1713. of the Revised Code.	13433

(2) "Career college" means either an institution that holds a	13434
certificate of registration from the state board of career	13435
colleges and schools or a private institution exempt from	13436
regulation under Chapter 3332. of the Revised Code as prescribed	13437
in section 3333.046 of the Revised Code.	13438

Full-time students shall be eligible to receive awards	13439
according to the following table:	13440

Full-Time Enrollment	13441

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:	13442
$2,101	$2,190	$300	$600	$480	13443
2,001	2,100	402	798	642	13444
1,901	2,000	498	1,002	798	13445
1,801	1,900	600	1,200	960	13446
1,701	1,800	702	1,398	1,122	13447
1,601	1,700	798	1,602	1,278	13448
1,501	1,600	900	1,800	1,440	13449
1,401	1,500	1,002	1,998	1,602	13450
1,301	1,400	1,098	2,202	1,758	13451
1,201	1,300	1,200	2,400	1,920	13452
1,101	1,200	1,302	2,598	2,082	13453
1,001	1,100	1,398	2,802	2,238	13454
901	1,000	1,500	3,000	2,400	13455
801	900	1,602	3,198	2,562	13456
701	800	1,698	3,402	2,718	13457
601	700	1,800	3,600	2,280	13458
501	600	1,902	3,798	3,042	13459
401	500	1,998	4,002	3,198	13460
301	400	2,100	4,200	3,360	13461
201	300	2,202	4,398	3,522	13462
101	200	2,298	4,602	3,678	13463
1	100	2,400	4,800	3,840	13464
0	0	2,496	4,992	3,996	13465

Three-quarters-time students shall be eligible to receive	13466
awards according to the following table:	13467

Three-Quarters-Time Enrollment	13468

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:	13469
$2,101	$2,190	$228	$450	$360	13470
2,001	2,100	300	600	480	13471
1,901	2,000	372	750	600	13472
1,801	1,900	450	900	720	13473
1,701	1,800	528	1,050	840	13474
1,601	1,700	600	1,200	960	13475
1,501	1,600	678	1,350	1,080	13476
1,401	1,500	750	1,500	1,200	13477
1,301	1,400	822	1,650	1,320	13478
1,201	1,300	900	1,800	1,440	13479
1,101	1,200	978	1,950	1,560	13480
1,001	1,100	1,050	2,100	1,680	13481
901	1,000	1,128	2,250	1,800	13482
801	900	1,200	2,400	1,920	13483
701	800	1,272	2,550	2,040	13484
601	700	1,350	2,700	2,160	13485
501	600	1,428	2,850	2,280	13486
401	500	1,500	3,000	2,400	13487
301	400	1,578	3,150	2,520	13488
201	300	1,650	3,300	2,640	13489
101	200	1,722	3,450	2,760	13490
1	100	1,800	3,600	2,880	13491
0	0	1,872	3,744	3,000	13492

Half-time students shall be eligible to receive awards	13493
according to the following table:	13494

Half-Time Enrollment	13495

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:	13496
$2,101	$2,190	$150	$300	$240	13497
2,001	2,100	204	402	324	13498
1,901	2,000	252	504	402	13499
1,801	1,900	300	600	480	13500
1,701	1,800	354	702	564	13501
1,601	1,700	402	804	642	13502
1,501	1,600	450	900	720	13503
1,401	1,500	504	1,002	804	13504
1,301	1,400	552	1,104	882	13505
1,201	1,300	600	1,200	960	13506
1,101	1,200	654	1,302	1,044	13507
1,001	1,100	702	1,404	1,122	13508
901	1,000	750	1,500	1,200	13509
801	900	804	1,602	1,284	13510
701	800	852	1,704	1,362	13511
601	700	900	1,800	1,440	13512
501	600	954	1,902	1,524	13513
401	500	1,002	2,004	1,602	13514
301	400	1,050	2,100	1,680	13515
201	300	1,104	2,202	1,764	13516
101	200	1,152	2,304	1,842	13517
1	100	1,200	2,400	1,920	13518
0	0	1,248	2,496	1,998	13519

One-quarter-time students shall be eligible to receive awards	13520
according to the following table:	13521

One-Quarter-Time Enrollment	13522

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:	13523
$2,101	$2,190	$78	$150	$120	13524
2,001	2,100	102	198	162	13525
1,901	2,000	126	252	198	13526
1,801	1,900	150	300	240	13527
1,701	1,800	174	348	282	13528
1,601	1,700	198	402	318	13529
1,501	1,600	228	450	360	13530
1,401	1,500	252	498	402	13531
1,301	1,400	276	552	438	13532
1,201	1,300	300	600	480	13533
1,101	1,200	324	648	522	13534
1,001	1,100	348	702	558	13535
901	1,000	378	750	600	13536
801	900	402	798	642	13537
701	800	426	852	678	13538
601	700	450	900	720	13539
501	600	474	948	762	13540
401	500	498	1,002	798	13541
301	400	528	1,050	840	13542
201	300	552	1,098	882	13543
101	200	576	1,152	918	13544
1	100	600	1,200	960	13545
0	0	624	1,248	1,002	13546

(D) For a full-time student enrolled in an eligible	13547
institution for a semester or quarter in addition to the portion	13548
of the academic year covered by a grant determined under division	13549
(C) of this section, the maximum grant amount shall be a	13550
percentage of the maximum prescribed in the applicable table of	13551
that division. The maximum grant for a fourth quarter shall be	13552
one-third of the maximum amount prescribed under that division.	13553
The maximum grant for a third semester shall be one-half of the	13554
maximum amount prescribed under that division.	13555

(E) No grant shall be made to any student in a course of	13556
study in theology, religion, or other field of preparation for a	13557
religious profession unless such course of study leads to an	13558
accredited bachelor of arts, bachelor of science, associate of	13559
arts, or associate of science degree.	13560

(F)(1) Except as provided in division (F)(2) of this section,	13561
no grant shall be made to any student for enrollment during a	13562
fiscal year in an institution with a cohort default rate	13563
determined by the United States secretary of education pursuant to	13564
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	13565
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	13566
preceding the fiscal year, equal to or greater than thirty per	13567
cent for each of the preceding two fiscal years.	13568

(2) Division (F)(1) of this section does not apply to the	13569
following:	13570

(a) Any student enrolled in an institution that under the	13571
federal law appeals its loss of eligibility for federal financial	13572
aid and the United States secretary of education determines its	13573
cohort default rate after recalculation is lower than the rate	13574
specified in division (F)(1) of this section or the secretary	13575
determines due to mitigating circumstances the institution may	13576
continue to participate in federal financial aid programs. The	13577
chancellor shall adopt rules requiring institutions to provide	13578
information regarding an appeal to the chancellor.	13579

(b) Any student who has previously received a grant under	13580
this section who meets all other requirements of this section.	13581

(3) The chancellor shall adopt rules for the notification of	13582
all institutions whose students will be ineligible to participate	13583
in the grant program pursuant to division (F)(1) of this section.	13584

(4) A student's attendance at an institution whose students	13585
lose eligibility for grants under division (F)(1) of this section	13586
shall not affect that student's eligibility to receive a grant	13587
when enrolled in another institution.	13588

(G) Institutions of higher education that enroll students	13589
receiving needs-based financial aid grants under this section	13590
shall report to the chancellor all students who have received	13591
needs-based financial aid grants but are no longer eligible for	13592
all or part of such grants and shall refund any moneys due the	13593
state within thirty days after the beginning of the quarter or	13594
term immediately following the quarter or term in which the	13595
student was no longer eligible to receive all or part of the	13596
student's grant. There shall be an interest charge of one per cent	13597
per month on all moneys due and payable after such thirty-day	13598
period. The chancellor shall immediately notify the office of	13599
budget and management and the legislative service commission of	13600
all refunds so received.	13601

Sec. 3333.58. There is hereby created at Shawnee state	13602
university the Ohio Appalachian center for higher education to	13603
increase the educational attainment of the residents of Ohio's	13604
Appalachian region, as defined in section 107.21 of the Revised	13605
Code. The board of directors of the center shall consist of the	13606
following members:	13607

(A) The presidents of all of the following:

13608

(1) Shawnee state university;

13609

(2) Belmont technical college;

13610

(3) Hocking college;

13611

(4) Jefferson community college;

13612

(5) Zane state college;

13613

(6) Rio Grande community college;

13614

(7) Southern state community college;

13615

(8) Central Ohio technical college, Coshocton campus;

13616

(9) Washington state community college.

13617

(B) The president of Ohio university, or the president's	13618
designee;	13619

(C) The dean of one of the Salem, Tuscarawas, or East	13620
Liverpool regional campuses of Kent state university, as	13621
designated by the president of Kent state university;	13622

(D) A representative of the chancellor of the Ohio board of	13623
regents as designated by the chancellor.	13624

~~Sec. 3353.20.~~ Sec. 3333.81. As used in sections ~~3353.20~~3333.81	13625
to ~~3353.30~~3333.88 of the Revised Code:	13626

(A) "Clearinghouse" means the clearinghouse established under	13627
section ~~3353.21~~3333.82 of the Revised Code.	13628

(B) ~~"Data verification code" means the code assigned to a~~	13629
~~student under division (D)(2) of section 3301.0714 of the Revised~~	13630
~~Code.~~	13631

~~(C) "One-half unit" of instruction has the same meaning as in~~	13632
~~section 3313.603 of the Revised Code.~~	13633

~~(D)~~"Community school" means a community school established	13634
under Chapter 3314. of the Revised Code.	13635

(C) "Common statewide platform" means a software program that	13636
facilitates the delivery of courses via computers from multiple	13637
course providers to multiple end users, tracks the progress of the	13638
end user, and includes an integrated searchable database of	13639
standards-based course content.	13640

(D) "Course provider" means a school district, community	13641
school, STEM school, state institution of higher education,	13642
private college or university, or nonprofit or for-profit private	13643
entity that creates or is an agent of the creator of original	13644
course content for a course offered through the clearinghouse.	13645

(E) "Instructor" means an individual who holds a license	13646
issued by the state board of education, as defined in section	13647
3319.31 of the Revised Code, or an individual employed as an	13648
instructor or professor by a state institution of higher education	13649
or a private college or university.	13650

(F) "State institution of higher education" has the same	13651
meaning as in section 3345.011 of the Revised Code.	13652

(G) "STEM school" means a science, technology, engineering,	13653
and mathematics school established under Chapter 3326. of the	13654
Revised Code.	13655

(H) A "student's community school" means the community school	13656
~~established under Chapter 3314. of the Revised Code~~ in which the	13657
student is enrolled instead of being enrolled in a school operated	13658
by a school district.	13659

~~(E)~~(I) A "student's school district" means the school	13660
district operating the school in which the student is lawfully	13661
enrolled.	13662

(J) "A student's STEM school" means the STEM school in which	13663
the student is enrolled instead of being enrolled in a school	13664
operated by a school district.	13665

~~Sec. 3353.21.~~ Sec. 3333.82. (A) The ~~eTech Ohio commission~~	13666
chancellor of the Ohio board of regents shall establish a	13667
clearinghouse of interactive distance learning courses and other	13668
distance learning courses delivered via a computer-based method	13669
offered by school districts, community schools, STEM schools,	13670
state institutions of higher education, private colleges and	13671
universities, and other nonprofit and for-profit course providers	13672
for sharing with other school districts ~~and~~, community schools,	13673
STEM schools, state institutions of higher education, private	13674
colleges and universities, and individuals for the fee set	13675
pursuant to section ~~3353.24~~3333.84 of the Revised Code. The	13676
~~commission~~chancellor shall not be responsible for the content of	13677
courses offered through the clearinghouse; however, all such	13678
courses shall be delivered only in accordance with technical	13679
specifications approved by the ~~commission~~chancellor and on a	13680
common statewide platform administered by the chancellor.	13681

(B) To offer a course through the clearinghouse, a ~~school~~	13682
~~district~~course provider shall apply to the ~~commission~~chancellor	13683
in a form and manner prescribed by the ~~commission~~chancellor. The	13684
application for each course shall describe the course of study in	13685
as much detail as required by the ~~commission~~chancellor, whether	13686
an instructor is provided, the qualification and credentials of	13687
the ~~teacher~~instructor, the number of hours of instruction, ~~the~~	13688
~~technology required to deliver and receive the course, the~~	13689
~~technical capacity of the school district to deliver the course,~~	13690
~~the times that the school district plans to deliver the course,~~	13691
and any other information required by the ~~commission~~chancellor.	13692
The ~~commission~~chancellor may require ~~school districts~~course	13693
providers to include in their applications information	13694
recommended by the state board of education under former section	13695
3353.30 of the Revised Code.	13696

(C) The ~~commission~~chancellor shall review the technical	13697
specifications of each application submitted under division (B)	13698
of this section ~~and shall approve a course offered if the~~	13699
~~commission determines that the school district can satisfactorily~~	13700
~~deliver the course through the technology necessary for that~~	13701
~~delivery~~. In reviewing applications, the ~~commission~~chancellor	13702
may consult with the department of education; however, the	13703
responsibility to either approve or not approve a course for the	13704
clearinghouse belongs to the ~~commission~~chancellor. The	13705
~~commission~~chancellor may request additional information from a	13706
~~school district~~course provider that submits an application under	13707
division (B) of this section, if the ~~commission~~chancellor	13708
determines that such information is necessary. The ~~commission~~	13709
chancellor may negotiate changes in the proposal to offer a	13710
course, if the ~~commission~~chancellor determines that changes are	13711
necessary in order to approve the course.	13712

(D) The ~~commission~~chancellor shall catalog each course	13713
approved for the clearinghouse, through a print or electronic	13714
medium, displaying the following:	13715

(1) Information necessary for a student and the student's	13716
parent, guardian, or custodian and the student's school district	13717
or, community school, STEM school, college, or university to	13718
decide whether to enroll in or subscribe to the course;	13719

(2) Instructions for enrolling in that course, including	13720
deadlines for enrollment.	13721

(E) Any expenses related to the installation of a course into	13722
the common statewide platform shall be borne by the course	13723
provider.	13724

(F) The chancellor may contract with an entity to perform	13725
any or all of the chancellor's duties under sections 3333.81 to	13726
3333.88 of the Revised Code.	13727

~~Sec. 3353.22.~~ Sec. 3333.83. (A) A student who is enrolled in a	13728
school operated by a school district or in a community school or	13729
STEM school may enroll in a course ~~included in~~through the	13730
clearinghouse only if both of the following conditions are	13731
satisfied:	13732

(1) The student's enrollment in the course is approved by the	13733
student's school district ~~or the student's~~, community school, or	13734
STEM school.	13735

(2) The student's school district ~~or the student's~~,	13736
community school, or STEM school agrees to accept for credit the	13737
grade assigned by the ~~district that is delivering the~~ course	13738
provider, if that provider is another school district, community	13739
school, or STEM school.	13740

(B) For each student enrolled in a school operated by a	13741
school district or in a community school or STEM school who is	13742
enrolling in a course provided through the clearinghouse by	13743
another school district, community school, or STEM school, the	13744
student's school district ~~or the student's~~, community school, or	13745
STEM school shall transmit ~~the student's data verification code~~	13746
~~and~~ the student's name to the ~~school district delivering the~~	13747
course provider.	13748

The ~~district delivering the~~ course provider may request from	13749
the student's school district ~~or the student's~~, community school,	13750
or STEM school other information from the student's school	13751
record. The ~~student's school~~ district or ~~the student's community~~	13752
school shall provide the requested information only in accordance	13753
with section 3319.321 of the Revised Code.	13754

(C) The student's school district ~~or the student's~~, community	13755
school, or STEM school shall determine the manner in which and	13756
facilities at which the student shall participate in the course	13757
consistent with specifications for technology and connectivity	13758
adopted by the ~~commission~~chancellor of the Ohio board of	13759
regents.	13760

(D) A student may withdraw from a course prior to the end of	13761
the course only by a date and in a manner prescribed by the	13762
student's school district or, community school, or STEM school.	13763

(E) A student who is enrolled in a school operated by a	13764
school district or in a community school or STEM school and who	13765
takes a course ~~included in~~through the clearinghouse shall be	13766
counted in the formula ADM of a school district under section	13767
3317.03 of the Revised Code as if the student were taking the	13768
course from the student's school district ~~or the student's~~,	13769
community school, or STEM school.	13770

Sec. 3333.84. (A) The fee charged for any course offered	13771
through the clearinghouse shall be set by the course provider.	13772

(B) The chancellor of the Ohio board of regents shall	13773
prescribe the manner in which the fee for a course shall be	13774
collected or deducted from the school district, school, college or	13775
university, or individual subscribing to the course and in which	13776
manner the fee shall be paid to the course provider.	13777

(C) The chancellor may retain a percentage of the fee	13778
charged for a course to offset the cost of maintaining and	13779
operating the clearinghouse, including the payment of	13780
compensation for an entity or a private entity that is under	13781
contract with the chancellor under division (F) of section	13782
3333.82 of the Revised Code. The percentage retained shall be	13783
determined by the chancellor.	13784

~~Sec. 3353.26.~~ Sec. 3333.85. The grade for a student ~~who enrolls in~~	13785
enrolled in a school operated by a school district or in a	13786
community school or STEM school for a course ~~included in~~provided	13787
through the clearinghouse by another school district, community	13788
school, or STEM school shall be assigned by ~~the school district~~	13789
~~that delivers~~ the course provider and shall be transmitted by	13790
~~that district~~ to the student's school district ~~or the student's~~,	13791
community school, or STEM school.	13792

~~Sec. 3353.27.~~ Sec. 3333.86. The ~~eTech Ohio commission~~chancellor	13793
of the Ohio board of regents may determine the manner in which a	13794
course included in the clearinghouse may be offered as a dual	13795
enrollment program as defined in section 3313.6013 of the Revised	13796
Code, may be offered to students who are enrolled in nonpublic	13797
schools or are instructed at home pursuant to section 3321.04 of	13798
the Revised Code, or may be offered at times outside the normal	13799
school day or school week, including any necessary additional	13800
fees and methods of payment for a course so offered.	13801

~~Sec. 3353.28.~~ Sec. 3333.87. The ~~eTech Ohio commission~~chancellor	13802
of the Ohio board of regents shall adopt rules in accordance with	13803
Chapter 119. of the Revised Code prescribing procedures for the	13804
implementation of sections ~~3353.20 to 3353.27~~3333.81 to 3333.86	13805
of the Revised Code.	13806

~~Sec. 3353.29.~~ Sec. 3333.88. Nothing in sections ~~3353.20 to 3353.28~~	13807
3333.81 to 3333.87 of the Revised Code, or in rules implementing	13808
those sections, shall prohibit a school district, community	13809
school, STEM school, or college or university from offering an	13810
interactive distance learning course or other distance learning	13811
course using a computer-based method through any means other than	13812
the clearinghouse established and maintained under those	13813
sections.	13814

Sec. 3335.05. Before entering upon the duties of ~~his~~ office	13815
the treasurer of the Ohio state university shall give evidence of	13816
bond to the state or insurance in such sum as the board of	13817
trustees determines, ~~but not a less sum than the probable amount~~	13818
~~that will be under his control in any one year, conditioned~~ for	13819
the faithful discharge of ~~his~~official duties and the payment of	13820
all moneys coming into ~~his~~the treasurer's hands~~, the bond to be~~	13821
~~approved by the attorney general~~. Such evidence of bond or	13822
insurance shall be deposited with the secretary of state and kept	13823
in ~~his~~the secretary of state's office.	13824

Sec. 3341.03. The board of trustees of Bowling Green state	13825
university and Kent state university, respectively, shall annually	13826
elect from their members, a president and a vice-president; and	13827
they may also appoint a secretary of the board, a treasurer, and	13828
such other officers of the university as the interests of the	13829
respective universities require, who may be members of the board.	13830
The treasurers, before entering upon the discharge of their	13831
duties, shall give bonds to the state or be insured for the	13832
faithful performance of their duties and the proper accounting for	13833
all moneys coming into their care. The amount of said bonds or	13834
insurance shall be determined by the boards, but shall not be for	13835
a less sum than the estimated amount which may come into their	13836
control at any time, less any reasonable deductible. ~~Said bonds~~	13837
~~shall be approved by the attorney general.~~	13838

Sec. 3343.08. The treasurer of the central state university,	13839
before entering upon the discharge of the treasurer's duties,	13840
shall give a bond to the state or be insured for the faithful	13841
performance of the treasurer's duties and the proper accounting	13842
for all moneys coming into the treasurer's care. The amount of the	13843
bond or insurance shall be determined by the board of trustees of	13844
central state university, but shall not be for a sum less than the	13845
amount that the board estimates may come into the treasurer's	13846
control at any time, less any reasonable deductible. ~~The bond~~	13847
~~shall be approved by the attorney general.~~	13848

Sec. 3344.02. The board of trustees of Cleveland state	13849
university shall annually elect from their members a ~~chairman~~	13850
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	13851
also appoint a secretary of the board, a treasurer, and such other	13852
officers of the university as the interest of the university	13853
requires, who may be members of the board. The treasurer, before	13854
entering upon the discharge of ~~his~~official duties, shall give	13855
bond to the state or be insured for the faithful performance of	13856
~~his~~the treasurer's duties and the proper accounting for all	13857
moneys coming into ~~his~~the treasurer's care. The amount of said	13858
bond or insurance shall be determined by the board, but shall not	13859
be for a sum less than the estimated amount which may come into	13860
~~his~~the treasurer's control at any time, less any reasonable	13861
deductible. ~~Said bond shall be approved by the attorney general.~~	13862

Sec. 3345.34. (A) No student trustee of a state university	13863
or the northeastern Ohio universities college of medicine shall	13864
use ~~his~~the trusteeship to influence any grade or other evaluation	13865
of ~~his~~the student trustee's performance made by a member of the	13866
faculty or other employee of the state university or the college.	13867

(B) No member of the faculty or other employee of a state	13868
university or the northeastern Ohio universities college of	13869
medicine shall confer any favor, advantage, preference, or other	13870
benefit on a student trustee because of the student's trusteeship.	13871

Sec. 3350.10. (A) There is hereby created the northeastern	13872
Ohio universities college of medicine. The principal goal of the	13873
college shall be to collaborate with the university of Akron,	13874
Cleveland state university, Kent state university, and Youngstown	13875
state university to graduate physicians oriented to the practice	13876
of medicine at the community level, especially family physicians.	13877
To accomplish this goal, the college may incorporate in the	13878
clinical experience provided its students the several community	13879
hospitals in the cities and areas served by the college; utilize	13880
practicing physicians as teachers; and to the fullest extent	13881
possible utilize the basic science capabilities of the university	13882
of Akron, Cleveland state university, Kent state university, and	13883
Youngstown state university. ~~The~~	13884

(1) Until the ninetieth day after the effective date of this	13885
amendment, the government of the college is vested in a	13886
nine-member board of trustees consisting of the presidents of the	13887
university of Akron, Kent state university, and Youngstown state	13888
university; one member each of the boards of trustees of the	13889
university of Akron, Kent state university, and Youngstown state	13890
university, to be appointed by their respective boards of trustees	13891
for a term of six years ending on the first day of May or until	13892
~~his~~the trustee's term on ~~his~~the respective university board of	13893
trustees expires, whichever occurs first; and one person each to	13894
be appointed by the boards of trustees of the university of Akron,	13895
Kent state university, and Youngstown state university, for a term	13896
of nine years ending on the first day of May; except that the term	13897
of those first appointed by the several boards of trustees shall	13898
expire on the first day of May next following their appointment.	13899
Vacancies shall be filled for the unexpired term in the manner	13900
provided for original appointment. The trustees shall receive no	13901
compensation for their services but shall be paid their reasonable	13902
necessary expenses while engaged in the discharge of their	13903
official duties. A majority of the board constitutes a quorum.	13904

(2) Beginning ninety days after the effective date of this	13905
amendment, the government of the college is vested in a board of	13906
eleven trustees, who shall be appointed by the governor, with the	13907
advice and consent of the senate. Two of the trustees shall be	13908
current students of the college, and their selection and terms	13909
shall be in accordance with division (B) of this section. Except	13910
as provided in division (A)(3) of this section and except for the	13911
student members, terms of office shall be for nine years. Each	13912
trustee shall hold office from the date of appointment until the	13913
end of the term for which the trustee was appointed. Any trustee	13914
appointed to fill a vacancy occurring prior to the expiration of	13915
the term for which the trustee's predecessor was appointed shall	13916
hold office for the remainder of such term. Any trustee shall	13917
continue in office subsequent to the expiration date of the	13918
trustee's term until the trustee's successor takes office, or	13919
until a period of sixty days has elapsed, whichever occurs first.	13920
No person who has served a full nine-year term or more than six	13921
years of such a term shall be eligible for reappointment until a	13922
period of four years has elapsed since the last day of the term	13923
for which the person previously served. The trustees shall receive	13924
no compensation for their services but shall be paid their	13925
reasonable necessary expenses while engaged in the discharge of	13926
their official duties. A majority of the board constitutes a	13927
quorum.	13928

(3) Not later than ninety days after the effective date of	13929
this amendment, the governor, with the advice and consent of the	13930
senate, shall appoint the two student trustees and successors for	13931
the trustees serving under division (A)(1) of this section. Except	13932
for the student trustees, who shall serve terms pursuant to	13933
division (B) of this section, the initial terms of office for	13934
trustees appointed under division (A)(2) of this section shall be	13935
as follows: one term ending one year after the effective date of	13936
this amendment; one term ending two years after the effective date	13937
of this amendment; one term ending three years after the effective	13938
date of this amendment; one term ending four years after the	13939
effective date of this amendment; one term ending five years after	13940
the effective date of this amendment; one term ending six years	13941
after the effective date of this amendment; one term ending seven	13942
years after the effective date of this amendment; one term ending	13943
eight years after the effective date of this amendment; one term	13944
ending nine years after the effective date of this amendment.	13945
Thereafter, terms of office shall be for nine years, as provided	13946
in division (A)(2) of this section.	13947

(B) The student members of the board of trustees of the	13948
northeastern Ohio universities college of medicine have no voting	13949
power on the board. Student members shall not be considered as	13950
members of the board in determining whether a quorum is present.	13951
Student members shall not be entitled to attend executive sessions	13952
of the board. The student members of the board shall be appointed	13953
by the governor, with the advice and consent of the senate, from a	13954
group of five candidates selected pursuant to a procedure adopted	13955
by the college's student governments and approved by the college's	13956
board of trustees. The initial term of office of one of the	13957
student members shall commence ninety days after the effective	13958
date of this amendment and shall expire on June 30, 2009, and the	13959
initial term of office of the other student member shall commence	13960
ninety days after the effective date of this amendment and shall	13961
expire on June 30, 2010. Thereafter, terms of office of student	13962
members shall be for two years, each term ending on the same day	13963
of the same month of the year as the term it succeeds. In the	13964
event that a student member cannot fulfill a two-year term, a	13965
replacement shall be selected to fill the unexpired term in the	13966
same manner used to make the original selection.	13967

Sec. 3352.02. The board of trustees of Wright state	13968
university shall annually elect from their members a ~~chairman~~	13969
chairperson and ~~vice-chairman~~vice-chairperson; and they may also	13970
appoint a secretary of the board, a treasurer, and such other	13971
officers of the university as the interest of the university	13972
requires, who may be members of the board. The treasurer, before	13973
entering upon the discharge of ~~his~~official duties, shall give	13974
bond to the state or be insured for the faithful performance of	13975
~~his~~the treasurer's duties and the proper accounting for all	13976
moneys coming into ~~his~~the treasurer's care. The amount of said	13977
bond or insurance shall be determined by the board, but shall not	13978
be for a sum less than the estimated amount which may come into	13979
~~his~~the treasurer's control at any time, less any reasonable	13980
deductible. ~~Said bond shall be approved by the attorney general.~~	13981

Sec. 3353.02. (A) There is hereby created the eTech Ohio	13982
commission as an independent agency to advance education and	13983
accelerate the learning of the citizens of this state through	13984
technology. The commission shall provide leadership and support in	13985
extending the knowledge of the citizens of this state by promoting	13986
access to and use of all forms of educational technology,	13987
including educational television and radio, radio reading	13988
services, broadband networks, videotapes, compact discs, digital	13989
video on demand (DVD), and the internet. The commission also shall	13990
administer programs to provide financial and other assistance to	13991
school districts and other educational institutions for the	13992
acquisition and utilization of educational technology.	13993

The commission is a body corporate and politic, an agency of	13994
the state performing essential governmental functions of the	13995
state.	13996

(B) The commission shall consist of thirteen members, nine of	13997
whom shall be voting members. Six of the voting members shall be	13998
representatives of the public. Of the representatives of the	13999
public, four shall be appointed by the governor with the advice	14000
and consent of the senate, one shall be appointed by the speaker	14001
of the house of representatives, and one shall be appointed by the	14002
president of the senate. The superintendent of public instruction	14003
or a designee of the superintendent, the chancellor of the Ohio	14004
board of regents or a designee of the chancellor, and the ~~director~~	14005
~~of the office of information technology~~state chief information	14006
officer or a designee of the ~~director~~officer shall be ex officio	14007
voting members. Of the nonvoting members, two shall be members of	14008
the house of representatives appointed by the speaker of the house	14009
of representatives and two shall be members of the senate	14010
appointed by the president of the senate. The members appointed	14011
from each chamber shall not be members of the same political	14012
party.	14013

(C) Initial terms of office for members appointed by the	14014
governor shall be one year for one member, two years for one	14015
member, three years for one member, and four years for one member.	14016
At the first meeting of the commission, members appointed by the	14017
governor shall draw lots to determine the length of the term each	14018
member will serve. Thereafter, terms of office for members	14019
appointed by the governor shall be for four years. Terms of office	14020
for voting members appointed by the speaker of the house of	14021
representatives and the president of the senate shall be for four	14022
years. Any member who is a representative of the public may be	14023
reappointed by the member's respective appointing authority, but	14024
no such member may serve more than two consecutive four-year	14025
terms. Such a member may be removed by the member's respective	14026
appointing authority for cause.	14027

Any legislative member appointed by the speaker of the house	14028
of representatives or the president of the senate who ceases to be	14029
a member of the legislative chamber from which the member was	14030
appointed shall cease to be a member of the commission. The	14031
speaker of the house of representatives and the president of the	14032
senate may remove their respective appointments to the commission	14033
at any time.	14034

(D) Vacancies among appointed members shall be filled in the	14035
manner provided for original appointments. Any member appointed to	14036
fill a vacancy occurring prior to the expiration of the term for	14037
which the member's predecessor was appointed shall hold office for	14038
the remainder of that term. Any appointed member shall continue in	14039
office subsequent to the expiration of that member's term until	14040
the member's successor takes office or until a period of sixty	14041
days has elapsed, whichever occurs first.	14042

(E) Members of the commission shall serve without	14043
compensation. The members who are representatives of the public	14044
shall be reimbursed, pursuant to office of budget and management	14045
guidelines, for actual and necessary expenses incurred in the	14046
performance of official duties.	14047

(F) The governor shall appoint the chairperson of the	14048
commission from among the commission's voting members. The	14049
chairperson shall serve a term of two years and may be	14050
reappointed. The commission shall elect other officers as	14051
necessary from among its voting members and shall prescribe its	14052
rules of procedure.	14053

(G) The commission shall establish advisory groups as needed	14054
to address topics of interest and to provide guidance to the	14055
commission regarding educational technology issues and the	14056
technology needs of educators, learners, and the public. Members	14057
of each advisory group shall be appointed by the commission and	14058
shall include representatives of individuals or organizations with	14059
an interest in the topic addressed by the advisory group.	14060

Sec. 3354.16. (A) When the board of trustees of a community	14061
college district has by resolution determined to let by contract	14062
the work of improvements pursuant to the official plan of such	14063
district, contracts in amounts exceeding a dollar amount set by	14064
the board, which dollar amount shall not exceed fifty thousand	14065
dollars, shall be advertised after notices calling for bids have	14066
been published once a week for three consecutive weeks, in at	14067
least one newspaper of general circulation within the community	14068
college district wherein the work is to be done. Subject to	14069
section 3354.10 of the Revised Code, the board of trustees of the	14070
district may let such contract to the lowest responsive and	14071
responsible bidder, in accordance with section 9.312 of the	14072
Revised Code, who meets the requirements of section 153.54 of the	14073
Revised Code. Such contract shall be in writing and shall be	14074
accompanied by or shall refer to plans and specifications for the	14075
work to be done. Such contract shall be approved by the board of	14076
trustees and signed by the president of the board and by the	14077
contractor.	14078

(B) On the first day of January of every even-numbered year,	14079
the chancellor of the board of regents shall adjust the fifty	14080
thousand dollar contract limit set forth in division (A) of this	14081
section, as adjusted in any previous year pursuant to this	14082
division. The chancellor shall adjust the limit according to the	14083
average increase or decrease for each of the two years	14084
immediately preceding the adjustment as set forth in the United	14085
States department of commerce, bureau of ~~the census~~economic	14086
analysis implicit price deflator for ~~construction~~gross domestic	14087
product, nonresidential structures, or an alternative if the	14088
federal government ceases to publish this metric, provided that no	14089
increase or decrease for any year shall exceed three per cent of	14090
the contract limit in existence at the time of the adjustment.	14091
Notwithstanding division (A) of this section, the limit adjusted	14092
under this division shall be used thereafter in lieu of the limit	14093
in division (A) of this section.	14094

(C) Before entering into an improvement pursuant to division	14095
(A) of this section, the board of trustees of a community college	14096
district shall require separate and distinct proposals to be made	14097
for furnishing materials or doing work on the improvement, or	14098
both, in the board's discretion, for each separate and distinct	14099
branch or class of work entering into the improvement. The board	14100
of trustees also may require a single, combined proposal for the	14101
entire project for materials or doing work, or both, in the	14102
board's discretion, that includes each separate and distinct	14103
branch or class of work entering into the improvement. The board	14104
of trustees need not solicit separate proposals for a branch or	14105
class of work for an improvement if the estimate cost for that	14106
branch or class of work is less than five thousand dollars.	14107

(D) When more than one branch or class of work is required,	14108
no contract for the entire job, or for a greater portion thereof	14109
than is embraced in one such branch or class of work shall be	14110
awarded, unless the separate bids do not cover all the work and	14111
materials required or the bids for the whole or for two or more	14112
kinds of work or materials are lower than the separate bids in the	14113
aggregate. The board of trustees need not award separate contracts	14114
for a branch or class of work entering into an improvement if the	14115
estimated cost for that branch or class of work is less than five	14116
thousand dollars.	14117

Sec. 3355.12. (A) When the managing authority of the	14118
university branch district has determined to let by contract the	14119
work of improvements, contracts in amounts exceeding a dollar	14120
amount set by the managing authority, which dollar amount shall	14121
not exceed fifty thousand dollars, shall be advertised after	14122
notices calling for bids have been published once a week for three	14123
consecutive weeks, in at least one newspaper of general	14124
circulation within the university branch district wherein the work	14125
is to be done. Such managing authority may let such contract to	14126
the lowest responsive and responsible bidder, in accordance with	14127
section 9.312 of the Revised Code, who meets the requirements of	14128
section 153.54 of the Revised Code. Such contract shall be in	14129
writing and shall be accompanied by or shall refer to plans and	14130
specifications for the work to be done. Such contract shall be	14131
approved by the managing authority of the university branch	14132
district and signed by the chairperson or vice-chairperson of the	14133
managing authority and by the contractor.	14134

(B) On the first day of January of every even-numbered year,	14135
the chancellor of the board of regents shall adjust the fifty	14136
thousand dollar contract limit set forth in division (A) of this	14137
section, as adjusted in any previous year pursuant to this	14138
division. The chancellor shall adjust the limit according to the	14139
average increase or decrease for each of the two years	14140
immediately preceding the adjustment as set forth in the United	14141
States department of commerce, bureau of ~~the census~~economic	14142
analysis implicit price deflator for ~~construction~~gross domestic	14143
product, nonresidential structures, or an alternative if the	14144
federal government ceases to publish this metric, provided that no	14145
increase or decrease for any year shall exceed three per cent of	14146
the contract limit in existence at the time of the adjustment.	14147
Notwithstanding division (A) of this section, the limit adjusted	14148
under this division shall be used thereafter in lieu of the limit	14149
in division (A) of this section.	14150

(C) Before entering into an improvement pursuant to division	14151
(A) of this section, the managing authority of the university	14152
branch district shall require separate and distinct proposals to	14153
be made for furnishing materials or doing work on the improvement,	14154
or both, in the board's discretion, for each separate and distinct	14155
branch or class of work entering into the improvement. The	14156
managing authority also may require a single, combined proposal	14157
for the entire project for materials or doing work, or both, in	14158
the board's discretion, that includes each separate and distinct	14159
branch or class of work entering into the improvement. The	14160
managing authority need not solicit separate proposals for a	14161
branch or class of work for an improvement if the estimate cost	14162
for that branch or class of work is less than five thousand	14163
dollars.	14164

(D) When more than one branch or class of work is required,	14165
no contract for the entire job, or for a greater portion thereof	14166
than is embraced in one such branch or class of work shall be	14167
awarded, unless the separate bids do not cover all the work and	14168
materials required or the bids for the whole or for two or more	14169
kinds of work or materials are lower than the separate bids in the	14170
aggregate. The managing authority need not award separate	14171
contracts for a branch or class of work entering into an	14172
improvement if the estimated cost for that branch or class of work	14173
is less than five thousand dollars.	14174

Sec. 3356.02. The board of trustees of Youngstown state	14175
university shall annually elect from their members a ~~chairman~~	14176
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	14177
also appoint a secretary of the board, a treasurer, and such other	14178
officers of the university as the interest of the university	14179
requires, who may be members of the board. The treasurer, before	14180
entering upon the discharge of ~~his~~official duties, shall give	14181
bond to the state or be insured for faithful performance of ~~his~~	14182
the treasurer's duties and the proper accounting for all moneys	14183
coming into ~~his~~the treasurer's care. The amount of said bond or	14184
insurance shall be determined by the board, but shall not be for a	14185
sum less than the estimated amount which may come into ~~his~~the	14186
treasurer's control at any time, less any reasonable deductible.	14187
~~Said bond shall be approved by the attorney general.~~	14188

Sec. 3357.16. (A) When the board of trustees of a technical	14189
college district has by resolution determined to let by contract	14190
the work of improvements pursuant to the official plan of such	14191
district, contracts in amounts exceeding a dollar amount set by	14192
the board, which dollar amount shall not exceed fifty thousand	14193
dollars, shall be advertised after notice calling for bids has	14194
been published once a week for three consecutive weeks, in at	14195
least one newspaper of general circulation within the technical	14196
college district where the work is to be done. The board of	14197
trustees of the technical college district may let such contract	14198
to the lowest responsive and responsible bidder, in accordance	14199
with section 9.312 of the Revised Code, who meets the requirements	14200
of section 153.54 of the Revised Code. Such contract shall be in	14201
writing and shall be accompanied by or shall refer to plans and	14202
specifications for the work to be done. Such contract shall be	14203
approved by the board of trustees and signed by the president of	14204
the board and by the contractor.	14205

(B) On the first day of January of every even-numbered year,	14206
the chancellor of the board of regents shall adjust the fifty	14207
thousand dollar contract limit set forth in division (A) of this	14208
section, as adjusted in any previous year pursuant to this	14209
division. The chancellor shall adjust the limit according to the	14210
average increase or decrease for each of the two years	14211
immediately preceding the adjustment as set forth in the United	14212
States department of commerce, bureau of ~~the census~~economic	14213
analysis implicit price deflator for ~~construction~~gross domestic	14214
product, nonresidential structures, or an alternative if the	14215
federal government ceases to publish this metric, provided that no	14216
increase or decrease for any year shall exceed three per cent of	14217
the contract limit in existence at the time of the adjustment.	14218
Notwithstanding division (A) of this section, the limit adjusted	14219
under this division shall be used thereafter in lieu of the limit	14220
in division (A) of this section.	14221

(C) Before entering into an improvement pursuant to division	14222
(A) of this section, the board of trustees of a technical college	14223
district shall require separate and distinct proposals to be made	14224
for furnishing materials or doing work on the improvement, or	14225
both, in the board's discretion, for each separate and distinct	14226
branch or class of work entering into the improvement. The board	14227
of trustees also may require a single, combined proposal for the	14228
entire project for materials or doing work, or both, in the	14229
board's discretion, that includes each separate and distinct	14230
branch or class of work entering into the improvement. The board	14231
of trustees need not solicit separate proposals for a branch or	14232
class of work for an improvement if the estimate cost for that	14233
branch or class of work is less than five thousand dollars.	14234

(D) When more than one branch or class of work is required,	14235
no contract for the entire job, or for a greater portion thereof	14236
than is embraced in one such branch or class of work shall be	14237
awarded, unless the separate bids do not cover all the work and	14238
materials required or the bids for the whole or for two or more	14239
kinds of work or materials are lower than the separate bids in the	14240
aggregate. The board of trustees need not award separate contracts	14241
for a branch or class of work entering into an improvement if the	14242
estimated cost for that branch or class of work is less than five	14243
thousand dollars.	14244

Sec. 3359.02. The board of trustees of the university of	14245
Akron shall annually elect from their members a ~~chairman~~	14246
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	14247
also appoint a secretary of the board, a treasurer, and such other	14248
officers of the university as the interest of the university	14249
requires, who may be members of the board. The treasurer, before	14250
entering upon the discharge of ~~his~~official duties, shall give	14251
bond to the state or be insured for the faithful performance of	14252
~~his~~the treasurer's duties and the proper accounting for all	14253
moneys coming into ~~his~~the treasurer's care. The amount of said	14254
bonds or insurance shall be determined by the board, but shall not	14255
be for a sum less than the estimated amount which may come into	14256
~~his~~the treasurer's control at any time, less any reasonable	14257
deductible. ~~Said bond shall be approved by the attorney general.~~	14258

Sec. 3361.02. The board of trustees of the university of	14259
Cincinnati shall annually elect from their members a ~~chairman~~	14260
chairperson and a ~~vice-chairman~~vice-chairperson, and they may	14261
also appoint a secretary of the board, a treasurer, and such other	14262
officers of the university as the interests of the university	14263
require, who may be members of the board. The treasurer, before	14264
entering upon the discharge of ~~his~~official duties, shall give	14265
bond to the state or be insured for the faithful performance of	14266
~~his~~the treasurer's duties and the proper accounting for all	14267
moneys coming into ~~his~~the treasurer's care. The amount of said	14268
bond or insurance shall be determined by the board, but shall not	14269
be for a sum less than the estimated amount which may come into	14270
~~his~~the treasurer's control at any time, less any reasonable	14271
deductible. ~~Said bond shall be approved by the attorney general.~~	14272

Sec. 3364.02. The board of trustees of the university of	14273
Toledo annually shall elect from among its members a chairperson	14274
and a vice-chairperson, and also may appoint a secretary of the	14275
board, a treasurer, and such other officers of the university as	14276
the interest of the university requires, who may be members of the	14277
board. The treasurer, before entering upon the discharge of	14278
official duties, shall give bond to the state or be insured for	14279
the faithful performance of the treasurer's duties and the proper	14280
accounting for all moneys coming into the treasurer's care. The	14281
amount of that bond or insurance shall be determined by the board,	14282
but shall not be for a sum less than the estimated amount which	14283
may come into the treasurer's control at any time, less any	14284
reasonable deductible.	14285

Sec. 3365.15. The program known as "seniors to sophomores,"	14286
or any successor name, shall permit nonpublic school students to	14287
participate.	14288

Sec. 3501.17. (A) The expenses of the board of elections	14289
shall be paid from the county treasury, in pursuance of	14290
appropriations by the board of county commissioners, in the same	14291
manner as other county expenses are paid. If the board of county	14292
commissioners fails to appropriate an amount sufficient to provide	14293
for the necessary and proper expenses of the board of elections	14294
pertaining to the conduct of elections, the board of elections	14295
may apply to the court of common pleas within the county, which	14296
shall fix the amount necessary to be appropriated and the amount	14297
shall be appropriated. Payments shall be made upon vouchers of the	14298
board of elections certified to by its chairperson or acting	14299
chairperson and the director or deputy director, upon warrants of	14300
the county auditor.	14301

The board of elections shall not incur any obligation	14302
involving the expenditure of money unless there are moneys	14303
sufficient in the funds appropriated therefor to meet the	14304
obligation. If the board of elections requests a transfer of funds	14305
from one of its appropriation items to another, the board of	14306
county commissioners shall adopt a resolution providing for the	14307
transfer except as otherwise provided in section 5705.40 of the	14308
Revised Code. The expenses of the board of elections shall be	14309
apportioned among the county and the various subdivisions as	14310
provided in this section, and the amount chargeable to each	14311
subdivision shall be withheld by the auditor from the moneys	14312
payable thereto at the time of the next tax settlement. At the	14313
time of submitting budget estimates in each year, the board of	14314
elections shall submit to the taxing authority of each	14315
subdivision, upon the request of the subdivision, an estimate of	14316
the amount to be withheld from the subdivision during the next	14317
fiscal year.	14318

(B) Except as otherwise provided in division (F) of this	14319
section, the compensation of the members of the board of	14320
elections and of the director, deputy director, and regular	14321
employees in the board's offices, other than compensation for	14322
overtime worked; the expenditures for the rental, furnishing, and	14323
equipping of the office of the board and for the necessary office	14324
supplies for the use of the board; the expenditures for the	14325
acquisition, repair, care, and custody of the polling places,	14326
booths, guardrails, and other equipment for polling places; the	14327
cost of tally sheets, maps, flags, ballot boxes, and all other	14328
permanent records and equipment; the cost of all elections held	14329
in and for the state and county; and all other expenses of the	14330
board which are not chargeable to a political subdivision in	14331
accordance with this section shall be paid in the same manner as	14332
other county expenses are paid.	14333

(C) The compensation of judges of elections and intermittent	14334
employees in the board's offices; the cost of renting, moving,	14335
heating, and lighting polling places and of placing and removing	14336
ballot boxes and other fixtures and equipment thereof, including	14337
voting machines, marking devices, and automatic tabulating	14338
equipment; the cost of printing and delivering ballots, cards of	14339
instructions, registration lists required under section 3503.23	14340
of the Revised Code, and other election supplies, including the	14341
supplies required to comply with division (H) of section 3506.01	14342
of the Revised Code; the cost of contractors engaged by the board	14343
to prepare, program, test, and operate voting machines, marking	14344
devices, and automatic tabulating equipment; and all other	14345
expenses of conducting primaries and elections in the odd-numbered	14346
years shall be charged to the subdivisions in and for which such	14347
primaries or elections are held. The charge for each primary or	14348
general election in odd-numbered years for each subdivision shall	14349
be determined in the following manner: first, the total cost of	14350
all chargeable items used in conducting such elections shall be	14351
ascertained; second, the total charge shall be divided by the	14352
number of precincts participating in such election, in order to	14353
fix the cost per precinct; third, the cost per precinct shall be	14354
prorated by the board of elections to the subdivisions conducting	14355
elections for the nomination or election of offices in such	14356
precinct; fourth, the total cost for each subdivision shall be	14357
determined by adding the charges prorated to it in each precinct	14358
within the subdivision.	14359

(D) The entire cost of special elections held on a day other	14360
than the day of a primary or general election, both in	14361
odd-numbered or in even-numbered years, shall be charged to the	14362
subdivision. Where a special election is held on the same day as a	14363
primary or general election in an even-numbered year, the	14364
subdivision submitting the special election shall be charged only	14365
for the cost of ballots and advertising. Where a special election	14366
is held on the same day as a primary or general election in an	14367
odd-numbered year, the subdivision submitting the special election	14368
shall be charged for the cost of ballots and advertising for such	14369
special election, in addition to the charges prorated to such	14370
subdivision for the election or nomination of candidates in each	14371
precinct within the subdivision, as set forth in the preceding	14372
paragraph.	14373

(E) Where a special election is held on the day specified by	14374
division (E) of section 3501.01 of the Revised Code for the	14375
holding of a primary election, for the purpose of submitting to	14376
the voters of the state constitutional amendments proposed by the	14377
general assembly, and a subdivision conducts a special election on	14378
the same day, the entire cost of the special election shall be	14379
divided proportionally between the state and the subdivision based	14380
upon a ratio determined by the number of issues placed on the	14381
ballot by each, except as otherwise provided in division (G) of	14382
this section. Such proportional division of cost shall be made	14383
only to the extent funds are available for such purpose from	14384
amounts appropriated by the general assembly to the secretary of	14385
state. If a primary election is also being conducted in the	14386
subdivision, the costs shall be apportioned as otherwise provided	14387
in this section.	14388

(F) When a precinct is open during a general, primary, or	14389
special election solely for the purpose of submitting to the	14390
voters a statewide ballot issue, the state shall bear the entire	14391
cost of the election in that precinct and shall reimburse the	14392
county for all expenses incurred in opening the precinct.	14393

(G) The state shall bear the entire cost of advertising in	14394
newspapers statewide ballot issues, explanations of those issues,	14395
and arguments for or against those issues, as required by Section	14396
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	14397
and any other section of law. ~~The Ohio ballot board~~Appropriations	14398
made to the controlling board shall be used to reimburse the	14399
secretary of state for all expenses the secretary of state incurs	14400
for such advertising under division (G) of section 3505.062 of	14401
the Revised Code.	14402

(H) The cost of renting, heating, and lighting registration	14403
places; the cost of the necessary books, forms, and supplies for	14404
the conduct of registration; and the cost of printing and posting	14405
precinct registration lists shall be charged to the subdivision in	14406
which such registration is held.	14407

(I) At the request of a majority of the members of the board	14408
of elections, the board of county commissioners may, by	14409
resolution, establish an elections revenue fund. Except as	14410
otherwise provided in this division, the purpose of the fund shall	14411
be to accumulate revenue withheld by or paid to the county under	14412
this section for the payment of any expense related to the duties	14413
of the board of elections specified in section 3501.11 of the	14414
Revised Code, upon approval of a majority of the members of the	14415
board of elections. The fund shall not accumulate any revenue	14416
withheld by or paid to the county under this section for the	14417
compensation of the members of the board of elections or of the	14418
director, deputy director, or other regular employees in the	14419
board's offices, other than compensation for overtime worked.	14420

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	14421
Revised Code, the board of county commissioners may, by	14422
resolution, transfer money to the elections revenue fund from any	14423
other fund of the political subdivision from which such payments	14424
lawfully may be made. Following an affirmative vote of a majority	14425
of the members of the board of elections, the board of county	14426
commissioners may, by resolution, rescind an elections revenue	14427
fund established under this division. If an elections revenue fund	14428
is rescinded, money that has accumulated in the fund shall be	14429
transferred to the county general fund.	14430

(J) As used in this section:

14431

(1) "Political subdivision" and "subdivision" mean any board	14432
of county commissioners, board of township trustees, legislative	14433
authority of a municipal corporation, board of education, or any	14434
other board, commission, district, or authority that is empowered	14435
to levy taxes or permitted to receive the proceeds of a tax levy,	14436
regardless of whether the entity receives tax settlement moneys as	14437
described in division (A) of this section;	14438

(2) "Statewide ballot issue" means any ballot issue, whether	14439
proposed by the general assembly or by initiative or referendum,	14440
that is submitted to the voters throughout the state.	14441

Sec. 3501.19. (A) Except as otherwise provided in division	14442
(C) of this section, on each of the following dates, the board of	14443
elections shall send a notice by nonforwardable mail to each	14444
elector who is registered to vote in a precinct in which an	14445
election will be conducted:	14446

(1) The sixtieth day before the day of any special election	14447
that may be held on the first Tuesday after the first Monday in	14448
August, 2006;	14449

(2) The sixtieth day before the day of the 2006 general	14450
election;	14451

(3) The sixtieth day before the day of the 2008 primary	14452
election;	14453

(4) The sixtieth day before the day of the 2008 general	14454
election.	14455

(B) The notice required under division (A) of this section	14456
shall include each of the following:	14457

(1) The day of the election;

14458

(2) The location of the polling place for the precinct in	14459
which the elector is registered to vote;	14460

(3) A reminder, which shall be indicated in bold type,	14461
stating as follows:	14462

"Voters must bring identification to the polls in order to	14463
verify identity. Identification may include a current and valid	14464
photo identification, a military identification ~~that shows the~~	14465
~~voter's name and current address~~, or a copy of a current utility	14466
bill, bank statement, government check, paycheck, or other	14467
government document, other than this reminder or a voter	14468
registration notification, that shows the voter's name and current	14469
address. Voters who do not provide one of these documents will	14470
still be able to vote by providing the last four digits of the	14471
voter's social security number and by casting a provisional	14472
ballot. Voters who do not have any of the above forms of	14473
identification, including a social security number, will still be	14474
able to vote by signing an affirmation swearing to the voter's	14475
identity under penalty of election falsification and by casting a	14476
provisional ballot."	14477

(C) If the notice sent under division (A) of this section is	14478
returned undelivered to the board, the board shall cause the	14479
elector's name in the official registration list and in the poll	14480
list or signature pollbook for that elector's precinct to be	14481
marked to indicate that the notice was returned to the board.	14482

At the first election at which an elector whose name has been	14483
so marked appears to vote, the elector shall be required to	14484
provide identification to the election officials.	14485

If the elector provides to the election officials a current	14486
and valid photo identification, a military identification ~~that~~	14487
~~shows the voter's name and current address~~, or a copy of a current	14488
utility bill, bank statement, government check, paycheck, or other	14489
government document, other than a notice of an election mailed by	14490
a board of elections under section 3501.19 of the Revised Code or	14491
a notice of an election mailed by a board of elections under	14492
division (A) of this section or a notice of voter registration	14493
notification mailed by a board of elections under section 3503.19	14494
of the Revised Code, the voter shall be permitted to cast a ballot	14495
in accordance with division (B) of section 3505.18 of the Revised	14496
Code. The board shall correct that elector's registration, if	14497
needed, and shall remove the indication that the elector's notice	14498
was returned from that elector's name on the official registration	14499
list and on the poll list or signature pollbook.	14500

If the elector provides to the election officials a photo	14501
identification that does not contain the elector's current	14502
address, if the elector provides the last four digits of the	14503
elector's social security number, if the elector is unable to	14504
provide any of the required forms of identification, if the	14505
elector refuses to provide any of the required forms of	14506
identification, or if the elector executes an affirmation under	14507
division (A)(4) of section 3505.18 of the Revised Code, the	14508
elector shall be permitted to vote by provisional ballot under	14509
section 3505.181 of the Revised Code. If the provisional ballot is	14510
counted pursuant to division (B)(3) of section 3505.183 of the	14511
Revised Code, the board shall correct that elector's registration,	14512
if needed, and shall remove the indication that the elector's	14513
notice was returned from that elector's name on the official	14514
registration list and on the poll list or signature pollbook.	14515

(D) No board of elections shall be required to mail a notice	14516
under division (A) of this section to any elector who registered	14517
to vote within thirty days prior to the date for mailing the	14518
notice under that division.	14519

(E) A notice mailed to an elector under division (A) of this	14520
section shall not be considered a government document that	14521
contains the voter's name and current address for the purpose of	14522
providing identification under sections 3503.14, 3503.16, 3503.19,	14523
3503.28, 3505.18, 3505.181, 3505.182, 3505.183, 3509.03, 3509.031,	14524
3509.04, 3509.05, 3511.02, and 3511.09 of the Revised Code.	14525

Sec. 3503.14. (A) The secretary of state shall prescribe	14526
the form and content of the registration, change of residence, and	14527
change of name forms used in this state. The forms shall meet the	14528
requirements of the National Voter Registration Act of 1993 and	14529
shall include spaces for all of the following:	14530

(1) The voter's name;

14531

(2) The voter's address;

14532

(3) The current date;

14533

(4) The voter's date of birth;

14534

(5) The voter to provide one or more of the following:

14535

(a) The voter's driver's license number, if any;

14536

(b) The last four digits of the voter's social security	14537
number, if any;	14538

(c) A copy of a current and valid photo identification, a	14539
copy of a military identification ~~that shows the voter's name and~~	14540
~~current address~~, or a copy of a current utility bill, bank	14541
statement, government check, paycheck, or other government	14542
document, other than a notice of an election mailed by a board of	14543
elections under section 3501.19 of the Revised Code or a notice of	14544
voter registration mailed by a board of elections under section	14545
3503.19 of the Revised Code, that shows the voter's name and	14546
address.	14547

(6) The voter's signature.

14548

The registration form shall include a space on which the	14549
person registering an applicant shall sign the person's name and	14550
provide the person's address and a space on which the person	14551
registering an applicant shall name the employer who is employing	14552
that person to register the applicant.	14553

Except for forms prescribed by the secretary of state under	14554
section 3503.11 of the Revised Code, the secretary of state shall	14555
permit boards of elections to produce forms that have subdivided	14556
spaces for each individual alphanumeric character of the	14557
information provided by the voter so as to accommodate the	14558
electronic reading and conversion of the voter's information to	14559
data and the subsequent electronic transfer of that data to the	14560
statewide voter registration database established under section	14561
3503.15 of the Revised Code.	14562

(B) None of the following persons who are registering an	14563
applicant in the course of that official's or employee's normal	14564
duties shall sign the person's name, provide the person's address,	14565
or name the employer who is employing the person to register an	14566
applicant on a form prepared under this section:	14567

(1) An election official;

14568

(2) A county treasurer;

14569

(3) A deputy registrar of motor vehicles;

14570

(4) An employee of a designated agency;

14571

(5) An employee of a public high school;

14572

(6) An employee of a public vocational school;

14573

(7) An employee of a public library;

14574

(8) An employee of the office of a county treasurer;

14575

(9) An employee of the bureau of motor vehicles;

14576

(10) An employee of a deputy registrar of motor vehicles;

14577

(11) An employee of an election official.

14578

(C) Except as provided in section 3501.382 of the Revised	14579
Code, any applicant who is unable to sign the applicant's own name	14580
shall make an "X," if possible, which shall be certified by the	14581
signing of the name of the applicant by the person filling out the	14582
form, who shall add the person's own signature. If an applicant is	14583
unable to make an "X," the applicant shall indicate in some manner	14584
that the applicant desires to register to vote or to change the	14585
applicant's name or residence. The person registering the	14586
applicant shall sign the form and attest that the applicant	14587
indicated that the applicant desired to register to vote or to	14588
change the applicant's name or residence.	14589

(D) No registration, change of residence, or change of name	14590
form shall be rejected solely on the basis that a person	14591
registering an applicant failed to sign the person's name or	14592
failed to name the employer who is employing that person to	14593
register the applicant as required under division (A) of this	14594
section.	14595

(E) As used in this section, "registering an applicant"	14596
includes any effort, for compensation, to provide voter	14597
registration forms or to assist persons in completing or returning	14598
those forms.	14599

Sec. 3503.16. (A) Whenever a registered elector changes the	14600
place of residence of that registered elector from one precinct to	14601
another within a county or from one county to another, or has a	14602
change of name, that registered elector shall report the change by	14603
delivering a change of residence or change of name form, whichever	14604
is appropriate, as prescribed by the secretary of state under	14605
section 3503.14 of the Revised Code to the state or local office	14606
of a designated agency, a public high school or vocational school,	14607
a public library, the office of the county treasurer, the office	14608
of the secretary of state, any office of the registrar or deputy	14609
registrar of motor vehicles, or any office of a board of elections	14610
in person or by a third person. Any voter registration, change of	14611
address, or change of name application, returned by mail, may be	14612
sent only to the secretary of state or the board of elections.	14613

A registered elector also may update the registration of that	14614
registered elector by filing a change of residence or change of	14615
name form on the day of a special, primary, or general election at	14616
the polling place in the precinct in which that registered elector	14617
resides or at the board of elections or at another site designated	14618
by the board.	14619

(B)(1)(a) Any registered elector who moves within a precinct	14620
on or prior to the day of a general, primary, or special election	14621
and has not filed a notice of change of residence with the board	14622
of elections may vote in that election by going to that registered	14623
elector's assigned polling place, completing and signing a notice	14624
of change of residence, showing identification in the form of a	14625
current and valid photo identification, a military identification	14626
~~that shows the voter's name and current address~~, or a copy of a	14627
current utility bill, bank statement, government check, paycheck,	14628
or other government document, other than a notice of an election	14629
mailed by a board of elections under section 3501.19 of the	14630
Revised Code or a notice of voter registration mailed by a board	14631
of elections under section 3503.19 of the Revised Code, that shows	14632
the name and current address of the elector, and casting a ballot.	14633
If the elector provides either a driver's license or a state	14634
identification card issued under section 4507.50 of the Revised	14635
Code that does not contain the elector's current residence	14636
address, the elector shall provide the last four digits of the	14637
elector's driver's license number or state identification card	14638
number, and the precinct election official shall mark the poll	14639
list or signature pollbook to indicate that the elector has	14640
provided a driver's license or state identification card number	14641
with a former address and record the last four digits of the	14642
elector's driver's license number or state identification card	14643
number.	14644

(b) Any registered elector who changes the name of that	14645
registered elector and remains within a precinct on or prior to	14646
the day of a general, primary, or special election and has not	14647
filed a notice of change of name with the board of elections may	14648
vote in that election by going to that registered elector's	14649
assigned polling place, completing and signing a notice of a	14650
change of name, and casting a provisional ballot under section	14651
3505.181 of the Revised Code.	14652

(2) Any registered elector who moves from one precinct to	14653
another within a county or moves from one precinct to another and	14654
changes the name of that registered elector on or prior to the day	14655
of a general, primary, or special election and has not filed a	14656
notice of change of residence or change of name, whichever is	14657
appropriate, with the board of elections may vote in that election	14658
if that registered elector complies with division (G) of this	14659
section or does all of the following:	14660

(a) Appears at anytime during regular business hours on or	14661
after the twenty-eighth day prior to the election in which that	14662
registered elector wishes to vote or, if the election is held on	14663
the day of a presidential primary election, the twenty-fifth day	14664
prior to the election, through noon of the Saturday prior to the	14665
election at the office of the board of elections, appears at any	14666
time during regular business hours on the Monday prior to the	14667
election at the office of the board of elections, or appears on	14668
the day of the election at either of the following locations:	14669

(i) The polling place in the precinct in which that	14670
registered elector resides;	14671

(ii) The office of the board of elections or, if pursuant to	14672
division (C) of section 3501.10 of the Revised Code the board has	14673
designated another location in the county at which registered	14674
electors may vote, at that other location instead of the office of	14675
the board of elections.	14676

(b) Completes and signs, under penalty of election	14677
falsification, a notice of change of residence or change of name,	14678
whichever is appropriate, and files it with election officials at	14679
the polling place, at the office of the board of elections, or, if	14680
pursuant to division (C) of section 3501.10 of the Revised Code	14681
the board has designated another location in the county at which	14682
registered electors may vote, at that other location instead of	14683
the office of the board of elections, whichever is appropriate;	14684

(c) Votes a provisional ballot under section 3505.181 of the	14685
Revised Code at the polling place, at the office of the board of	14686
elections, or, if pursuant to division (C) of section 3501.10 of	14687
the Revised Code the board has designated another location in the	14688
county at which registered electors may vote, at that other	14689
location instead of the office of the board of elections,	14690
whichever is appropriate, using the address to which that	14691
registered elector has moved or the name of that registered	14692
elector as changed, whichever is appropriate;	14693

(d) Completes and signs, under penalty of election	14694
falsification, a statement attesting that that registered elector	14695
moved or had a change of name, whichever is appropriate, on or	14696
prior to the day of the election, has voted a provisional ballot	14697
at the polling place in the precinct in which that registered	14698
elector resides, at the office of the board of elections, or, if	14699
pursuant to division (C) of section 3501.10 of the Revised Code	14700
the board has designated another location in the county at which	14701
registered electors may vote, at that other location instead of	14702
the office of the board of elections, whichever is appropriate,	14703
and will not vote or attempt to vote at any other location for	14704
that particular election. The statement required under division	14705
(B)(2)(d) of this section shall be included on the notice of	14706
change of residence or change of name, whichever is appropriate,	14707
required under division (B)(2)(b) of this section.	14708

(C) Any registered elector who moves from one county to	14709
another county within the state on or prior to the day of a	14710
general, primary, or special election and has not registered to	14711
vote in the county to which that registered elector moved may vote	14712
in that election if that registered elector complies with division	14713
(G) of this section or does all of the following:	14714

(1) Appears at any time during regular business hours on or	14715
after the twenty-eighth day prior to the election in which that	14716
registered elector wishes to vote or, if the election is held on	14717
the day of a presidential primary election, the twenty-fifth day	14718
prior to the election, through noon of the Saturday prior to the	14719
election at the office of the board of elections or, if pursuant	14720
to division (C) of section 3501.10 of the Revised Code the board	14721
has designated another location in the county at which registered	14722
electors may vote, at that other location instead of the office of	14723
the board of elections, appears during regular business hours on	14724
the Monday prior to the election at the office of the board of	14725
elections or, if pursuant to division (C) of section 3501.10 of	14726
the Revised Code the board has designated another location in the	14727
county at which registered electors may vote, at that other	14728
location instead of the office of the board of elections, or	14729
appears on the day of the election at the office of the board of	14730
elections or, if pursuant to division (C) of section 3501.10 of	14731
the Revised Code the board has designated another location in the	14732
county at which registered electors may vote, at that other	14733
location instead of the office of the board of elections;	14734

(2) Completes and signs, under penalty of election	14735
falsification, a notice of change of residence and files it with	14736
election officials at the board of elections or, if pursuant to	14737
division (C) of section 3501.10 of the Revised Code the board has	14738
designated another location in the county at which registered	14739
electors may vote, at that other location instead of the office of	14740
the board of elections;	14741

(3) Votes a provisional ballot under section 3505.181 of the	14742
Revised Code at the office of the board of elections or, if	14743
pursuant to division (C) of section 3501.10 of the Revised Code	14744
the board has designated another location in the county at which	14745
registered electors may vote, at that other location instead of	14746
the office of the board of elections, using the address to which	14747
that registered elector has moved;	14748

(4) Completes and signs, under penalty of election	14749
falsification, a statement attesting that that registered elector	14750
has moved from one county to another county within the state on or	14751
prior to the day of the election, has voted at the office of the	14752
board of elections or, if pursuant to division (C) of section	14753
3501.10 of the Revised Code the board has designated another	14754
location in the county at which registered electors may vote, at	14755
that other location instead of the office of the board of	14756
elections, and will not vote or attempt to vote at any other	14757
location for that particular election. The statement required	14758
under division (C)(4) of this section shall be included on the	14759
notice of change of residence required under division (C)(2) of	14760
this section.	14761

(D) A person who votes by absent voter's ballots pursuant to	14762
division (G) of this section shall not make written application	14763
for the ballots pursuant to Chapter 3509. of the Revised Code.	14764
Ballots cast pursuant to division (G) of this section shall be set	14765
aside in a special envelope and counted during the official	14766
canvass of votes in the manner provided for in sections 3505.32	14767
and 3509.06 of the Revised Code insofar as that manner is	14768
applicable. The board shall examine the pollbooks to verify that	14769
no ballot was cast at the polls or by absent voter's ballots under	14770
Chapter 3509. or 3511. of the Revised Code by an elector who has	14771
voted by absent voter's ballots pursuant to division (G) of this	14772
section. Any ballot determined to be insufficient for any of the	14773
reasons stated above or stated in section 3509.07 of the Revised	14774
Code shall not be counted.	14775

Subject to division (C) of section 3501.10 of the Revised	14776
Code, a board of elections may lease or otherwise acquire a site	14777
different from the office of the board at which registered	14778
electors may vote pursuant to division (B) or (C) of this section.	14779

(E) Upon receiving a change of residence or change of name	14780
form, the board of elections shall immediately send the registrant	14781
an acknowledgment notice. If the change of residence or change of	14782
name form is valid, the board shall update the voter's	14783
registration as appropriate. If that form is incomplete, the board	14784
shall inform the registrant in the acknowledgment notice specified	14785
in this division of the information necessary to complete or	14786
update that registrant's registration.	14787

(F) Change of residence and change of name forms shall be	14788
available at each polling place, and when these forms are	14789
completed, noting changes of residence or name, as appropriate,	14790
they shall be filed with election officials at the polling place.	14791
Election officials shall return completed forms, together with the	14792
pollbooks and tally sheets, to the board of elections.	14793

The board of elections shall provide change of residence and	14794
change of name forms to the probate court and court of common	14795
pleas. The court shall provide the forms to any person eighteen	14796
years of age or older who has a change of name by order of the	14797
court or who applies for a marriage license. The court shall	14798
forward all completed forms to the board of elections within five	14799
days after receiving them.	14800

(G) A registered elector who otherwise would qualify to vote	14801
under division (B) or (C) of this section but is unable to appear	14802
at the office of the board of elections or, if pursuant to	14803
division (C) of section 3501.10 of the Revised Code the board has	14804
designated another location in the county at which registered	14805
electors may vote, at that other location, on account of personal	14806
illness, physical disability, or infirmity, may vote on the day of	14807
the election if that registered elector does all of the following:	14808

(1) Makes a written application that includes all of the	14809
information required under section 3509.03 of the Revised Code to	14810
the appropriate board for an absent voter's ballot on or after the	14811
twenty-seventh day prior to the election in which the registered	14812
elector wishes to vote through noon of the Saturday prior to that	14813
election and requests that the absent voter's ballot be sent to	14814
the address to which the registered elector has moved if the	14815
registered elector has moved, or to the address of that registered	14816
elector who has not moved but has had a change of name;	14817

(2) Declares that the registered elector has moved or had a	14818
change of name, whichever is appropriate, and otherwise is	14819
qualified to vote under the circumstances described in division	14820
(B) or (C) of this section, whichever is appropriate, but that the	14821
registered elector is unable to appear at the board of elections	14822
because of personal illness, physical disability, or infirmity;	14823

(3) Completes and returns along with the completed absent	14824
voter's ballot a notice of change of residence indicating the	14825
address to which the registered elector has moved, or a notice of	14826
change of name, whichever is appropriate;	14827

(4) Completes and signs, under penalty of election	14828
falsification, a statement attesting that the registered elector	14829
has moved or had a change of name on or prior to the day before	14830
the election, has voted by absent voter's ballot because of	14831
personal illness, physical disability, or infirmity that prevented	14832
the registered elector from appearing at the board of elections,	14833
and will not vote or attempt to vote at any other location or by	14834
absent voter's ballot mailed to any other location or address for	14835
that particular election.	14836

Sec. 3503.19. (A) Persons qualified to register or to change	14837
their registration because of a change of address or change of	14838
name may register or change their registration in person at any	14839
state or local office of a designated agency, at the office of the	14840
registrar or any deputy registrar of motor vehicles, at a public	14841
high school or vocational school, at a public library, at the	14842
office of a county treasurer, or at a branch office established by	14843
the board of elections, or in person, through another person, or	14844
by mail at the office of the secretary of state or at the office	14845
of a board of elections. A registered elector may also change the	14846
elector's registration on election day at any polling place where	14847
the elector is eligible to vote, in the manner provided under	14848
section 3503.16 of the Revised Code.	14849

Any state or local office of a designated agency, the office	14850
of the registrar or any deputy registrar of motor vehicles, a	14851
public high school or vocational school, a public library, or the	14852
office of a county treasurer shall transmit any voter registration	14853
application or change of registration form that it receives to the	14854
board of elections of the county in which the state or local	14855
office is located, within five days after receiving the voter	14856
registration application or change of registration form.	14857

An otherwise valid voter registration application that is	14858
returned to the appropriate office other than by mail must be	14859
received by a state or local office of a designated agency, the	14860
office of the registrar or any deputy registrar of motor vehicles,	14861
a public high school or vocational school, a public library, the	14862
office of a county treasurer, the office of the secretary of	14863
state, or the office of a board of elections no later than the	14864
thirtieth day preceding a primary, special, or general election	14865
for the person to qualify as an elector eligible to vote at that	14866
election. An otherwise valid registration application received	14867
after that day entitles the elector to vote at all subsequent	14868
elections.	14869

Any state or local office of a designated agency, the office	14870
of the registrar or any deputy registrar of motor vehicles, a	14871
public high school or vocational school, a public library, or the	14872
office of a county treasurer shall date stamp a registration	14873
application or change of name or change of address form it	14874
receives using a date stamp that does not disclose the identity of	14875
the state or local office that receives the registration.	14876

Voter registration applications, if otherwise valid, that are	14877
returned by mail to the office of the secretary of state or to the	14878
office of a board of elections must be postmarked no later than	14879
the thirtieth day preceding a primary, special, or general	14880
election in order for the person to qualify as an elector eligible	14881
to vote at that election. If an otherwise valid voter registration	14882
application that is returned by mail does not bear a postmark or a	14883
legible postmark, the registration shall be valid for that	14884
election if received by the office of the secretary of state or	14885
the office of a board of elections no later than twenty-five days	14886
preceding any special, primary, or general election.	14887

(B)(1) Any person may apply in person, by telephone, by mail,	14888
or through another person for voter registration forms to the	14889
office of the secretary of state or the office of a board of	14890
elections.	14891

(2)(a) An applicant may return the applicant's completed	14892
registration form in person or by mail to any state or local	14893
office of a designated agency, to a public high school or	14894
vocational school, to a public library, to the office of a county	14895
treasurer, to the office of the secretary of state, or to the	14896
office of a board of elections.	14897

(b) Subject to division (B)(2)(c) of this section, an	14898
applicant may return the applicant's completed registration form	14899
through another person to any board of elections or the office of	14900
the secretary of state.	14901

(c) A person who receives compensation for registering a	14902
voter shall return any registration form entrusted to that person	14903
by an applicant to any board of elections or to the office of the	14904
secretary of state.	14905

(d) If a board of elections or the office of the secretary of	14906
state receives a registration form under division (B)(2)(b) or (c)	14907
of this section before the thirtieth day before an election, the	14908
board or the office of the secretary of state, as applicable,	14909
shall forward the registration to the board of elections of the	14910
county in which the applicant is seeking to register to vote	14911
within ten days after receiving the application. If a board of	14912
elections or the office of the secretary of state receives a	14913
registration form under division (B)(2)(b) or (c) of this section	14914
on or after the thirtieth day before an election, the board or the	14915
office of the secretary of state, as applicable, shall forward the	14916
registration to the board of elections of the county in which the	14917
applicant is seeking to register to vote within thirty days after	14918
that election.	14919

(C)(1) A board of elections that receives a voter	14920
registration application and is satisfied as to the truth of the	14921
statements made in the registration form shall register the	14922
applicant not later than twenty business days after receiving the	14923
application, unless that application is received during the thirty	14924
days immediately preceding the day of an election. The board shall	14925
promptly notify the applicant in writing of each of the following:	14926

(a) The applicant's registration;

14927

(b) The precinct in which the applicant is to vote;

14928

14929

"Voters must bring identification to the polls in order to	14930
verify identity. Identification may include a current and valid	14931
photo identification, a military identification ~~that shows the~~	14932
~~voter's name and current address~~, or a copy of a current utility	14933
bill, bank statement, government check, paycheck, or other	14934
government document, other than this notification or a	14935
notification of an election mailed by a board of elections, that	14936
shows the voter's name and current address. Voters who do not	14937
provide one of these documents will still be able to vote by	14938
providing the last four digits of the voter's social security	14939
number and by casting a provisional ballot. Voters who do not have	14940
any of the above forms of identification, including a social	14941
security number, will still be able to vote by signing an	14942
affirmation swearing to the voter's identity under penalty of	14943
election falsification and by casting a provisional ballot."	14944

The notification shall be by nonforwardable mail. If the mail	14945
is returned to the board, it shall investigate and cause the	14946
notification to be delivered to the correct address.	14947

(2) If, after investigating as required under division (C)(1)	14948
of this section, the board is unable to verify the voter's correct	14949
address, it shall cause the voter's name in the official	14950
registration list and in the poll list or signature pollbook to be	14951
marked to indicate that the voter's notification was returned to	14952
the board.	14953

At the first election at which a voter whose name has been so	14954
marked appears to vote, the voter shall be required to provide	14955
identification to the election officials and to vote by	14956
provisional ballot under section 3505.181 of the Revised Code. If	14957
the provisional ballot is counted pursuant to division (B)(3) of	14958
section 3505.183 of the Revised Code, the board shall correct that	14959
voter's registration, if needed, and shall remove the indication	14960
that the voter's notification was returned from that voter's name	14961
on the official registration list and on the poll list or	14962
signature pollbook. If the provisional ballot is not counted	14963
pursuant to division (B)(4)(a)(i), (v), or (vi) of section	14964
3505.183 of the Revised Code, the voter's registration shall be	14965
canceled. The board shall notify the voter by United States mail	14966
of the cancellation.	14967

(3) If a notice of the disposition of an otherwise valid	14968
registration application is sent by nonforwardable mail and is	14969
returned undelivered, the person shall be registered as provided	14970
in division (C)(2) of this section and sent a confirmation notice	14971
by forwardable mail. If the person fails to respond to the	14972
confirmation notice, update the person's registration, or vote by	14973
provisional ballot as provided in division (C)(2) of this section	14974
in any election during the period of two federal elections	14975
subsequent to the mailing of the confirmation notice, the person's	14976
registration shall be canceled.	14977

Sec. 3503.28. (A) The secretary of state shall develop an	14978
information brochure regarding voter registration. The brochure	14979
shall include, but is not limited to, all of the following	14980
information:	14981

(1) The applicable deadlines for registering to vote or for	14982
returning an applicant's completed registration form;	14983

(2) The applicable deadline for returning an applicant's	14984
completed registration form if the person returning the form is	14985
being compensated for registering voters;	14986

(3) The locations to which a person may return an applicant's	14987
completed registration form;	14988

(4) The location to which a person who is compensated for	14989
registering voters may return an applicant's completed	14990
registration form;	14991

(5) The registration and affirmation requirements applicable	14992
to persons who are compensated for registering voters under	14993
section 3503.29 of the Revised Code;	14994

(6) A notice, which shall be written in bold type, stating as	14995
follows:	14996

"Voters must bring identification to the polls in order to	14997
verify identity. Identification may include a current and valid	14998
photo identification, a military identification ~~that shows the~~	14999
~~voter's name and current address~~, or a copy of a current utility	15000
bill, bank statement, government check, paycheck, or other	15001
government document, other than a notice of an election or a voter	15002
registration notification sent by a board of elections, that shows	15003
the voter's name and current address. Voters who do not provide	15004
one of these documents will still be able to vote by providing the	15005
last four digits of the voter's social security number and by	15006
casting a provisional ballot. Voters who do not have any of the	15007
above forms of identification, including a social security number,	15008
will still be able to vote by signing an affirmation swearing to	15009
the voter's identity under penalty of election falsification and	15010
by casting a provisional ballot."	15011

(B) Except as otherwise provided in division (D) of this	15012
section, a board of elections, designated agency, public high	15013
school, public vocational school, public library, office of a	15014
county treasurer, or deputy registrar of motor vehicles shall	15015
distribute a copy of the brochure developed under division (A) of	15016
this section to any person who requests more than two voter	15017
registration forms at one time.	15018

(C)(1) The secretary of state shall provide the information	15019
required to be included in the brochure developed under division	15020
(A) of this section to any person who prints a voter registration	15021
form that is made available on a web site of the office of the	15022
secretary of state.	15023

(2) If a board of elections operates and maintains a web	15024
site, the board shall provide the information required to be	15025
included in the brochure developed under division (A) of this	15026
section to any person who prints a voter registration form that is	15027
made available on that web site.	15028

(D) A board of elections shall not be required to distribute	15029
a copy of a brochure under division (B) of this section to any of	15030
the following officials or employees who are requesting more than	15031
two voter registration forms at one time in the course of the	15032
official's or employee's normal duties:	15033

(1) An election official;

15034

(2) A county treasurer;

15035

(3) A deputy registrar of motor vehicles;

15036

(4) An employee of a designated agency;

15037

(5) An employee of a public high school;

15038

(6) An employee of a public vocational school;

15039

(7) An employee of a public library;

15040

(8) An employee of the office of a county treasurer;

15041

(9) An employee of the bureau of motor vehicles;

15042

(10) An employee of a deputy registrar of motor vehicles;

15043

(11) An employee of an election official.

15044

(E) As used in this section, "registering voters" includes	15045
any effort, for compensation, to provide voter registration forms	15046
or to assist persons in completing or returning those forms.	15047

Sec. 3505.18. (A)(1) When an elector appears in a polling	15048
place to vote, the elector shall announce to the precinct election	15049
officials the elector's full name and current address and provide	15050
proof of the elector's identity in the form of a current and valid	15051
photo identification, a military identification ~~that shows the~~	15052
~~voter's name and current address~~, or a copy of a current utility	15053
bill, bank statement, government check, paycheck, or other	15054
government document, other than a notice of an election mailed by	15055
a board of elections under section 3501.19 of the Revised Code or	15056
a notice of voter registration mailed by a board of elections	15057
under section 3503.19 of the Revised Code, that shows the name and	15058
current address of the elector. If the elector provides either a	15059
driver's license or a state identification card issued under	15060
section 4507.50 of the Revised Code that does not contain the	15061
elector's current residence address, the elector shall provide the	15062
last four digits of the elector's driver's license number or state	15063
identification card number, and the precinct election official	15064
shall mark the poll list or signature pollbook to indicate that	15065
the elector has provided a driver's license or state	15066
identification card number with a former address and record the	15067
last four digits of the elector's driver's license number or state	15068
identification card number.	15069

(2) If an elector has but is unable to provide to the	15070
precinct election officials any of the forms of identification	15071
required under division (A)(1) of this section, but has a social	15072
security number, the elector may provide the last four digits of	15073
the elector's social security number. Upon providing the social	15074
security number information, the elector may cast a provisional	15075
ballot under section 3505.181 of the Revised Code, the envelope of	15076
which ballot shall include that social security number	15077
information.	15078

(3) If an elector has but is unable to provide to the	15079
precinct election officials any of the forms of identification	15080
required under division (A)(1) of this section and if the elector	15081
has a social security number but is unable to provide the last	15082
four digits of the elector's social security number, the elector	15083
may cast a provisional ballot under section 3505.181 of the	15084
Revised Code.	15085

(4) If an elector does not have any of the forms of	15086
identification required under division (A)(1) of this section and	15087
cannot provide the last four digits of the elector's social	15088
security number because the elector does not have a social	15089
security number, the elector may execute an affirmation under	15090
penalty of election falsification that the elector cannot provide	15091
the identification required under that division or the last four	15092
digits of the elector's social security number for those reasons.	15093
Upon signing the affirmation, the elector may cast a provisional	15094
ballot under section 3505.181 of the Revised Code. The secretary	15095
of state shall prescribe the form of the affirmation, which shall	15096
include spaces for all of the following:	15097

(a) The elector's name;

15098

(b) The elector's address;

15099

15100

(d) The elector's date of birth;

15101

(e) The elector's signature.

15102

(5) If an elector does not have any of the forms of	15103
identification required under division (A)(1) of this section and	15104
cannot provide the last four digits of the elector's social	15105
security number because the elector does not have a social	15106
security number, and if the elector declines to execute an	15107
affirmation under division (A)(4) of this section, the elector may	15108
cast a provisional ballot under section 3505.181 of the Revised	15109
Code, the envelope of which ballot shall include the elector's	15110
name.	15111

(6) If an elector has but declines to provide to the precinct	15112
election officials any of the forms of identification required	15113
under division (A)(1) of this section or the elector has a social	15114
security number but declines to provide to the precinct election	15115
officials the last four digits of the elector's social security	15116
number, the elector may cast a provisional ballot under section	15117
3505.181 of the Revised Code.	15118

(B) After the elector has announced the elector's full name	15119
and current address and provided any of the forms of	15120
identification required under division (A)(1) of this section, the	15121
elector shall write the elector's name and address at the proper	15122
place in the poll list or signature pollbook provided for the	15123
purpose, except that if, for any reason, an elector is unable to	15124
write the elector's name and current address in the poll list or	15125
signature pollbook, the elector may make the elector's mark at the	15126
place intended for the elector's name, and a precinct election	15127
official shall write the name of the elector at the proper place	15128
on the poll list or signature pollbook following the elector's	15129
mark. The making of such a mark shall be attested by the precinct	15130
election official, who shall evidence the same by signing the	15131
precinct election official's name on the poll list or signature	15132
pollbook as a witness to the mark. Alternatively, if applicable,	15133
an attorney in fact acting pursuant to section 3501.382 of the	15134
Revised Code may sign the elector's signature in the poll list or	15135
signature pollbook in accordance with that section.	15136

The elector's signature in the poll list or signature	15137
pollbook then shall be compared with the elector's signature on	15138
the elector's registration form or a digitized signature list as	15139
provided for in section 3503.13 of the Revised Code, and if, in	15140
the opinion of a majority of the precinct election officials, the	15141
signatures are the signatures of the same person, the election	15142
officials shall enter the date of the election on the registration	15143
form or shall record the date by other means prescribed by the	15144
secretary of state. The validity of an attorney in fact's	15145
signature on behalf of an elector shall be determined in	15146
accordance with section 3501.382 of the Revised Code.	15147

If the right of the elector to vote is not then challenged,	15148
or, if being challenged, the elector establishes the elector's	15149
right to vote, the elector shall be allowed to proceed to use the	15150
voting machine. If voting machines are not being used in that	15151
precinct, the judge in charge of ballots shall then detach the	15152
next ballots to be issued to the elector from Stub B attached to	15153
each ballot, leaving Stub A attached to each ballot, hand the	15154
ballots to the elector, and call the elector's name and the stub	15155
number on each of the ballots. The judge shall enter the stub	15156
numbers opposite the signature of the elector in the pollbook. The	15157
elector shall then retire to one of the voting compartments to	15158
mark the elector's ballots. No mark shall be made on any ballot	15159
which would in any way enable any person to identify the person	15160
who voted the ballot.	15161

Sec. 3505.181. (A) All of the following individuals shall be	15162
permitted to cast a provisional ballot at an election:	15163

(1) An individual who declares that the individual is a	15164
registered voter in the jurisdiction in which the individual	15165
desires to vote and that the individual is eligible to vote in an	15166
election, but the name of the individual does not appear on the	15167
official list of eligible voters for the polling place or an	15168
election official asserts that the individual is not eligible to	15169
vote;	15170

(2) An individual who has a social security number and	15171
provides to the election officials the last four digits of the	15172
individual's social security number as permitted by division	15173
(A)(2) of section 3505.18 of the Revised Code;	15174

(3) An individual who has but is unable to provide to the	15175
election officials any of the forms of identification required	15176
under division (A)(1) of section 3505.18 of the Revised Code and	15177
who has a social security number but is unable to provide the last	15178
four digits of the individual's social security number as	15179
permitted under division (A)(2) of that section;	15180

(4) An individual who does not have any of the forms of	15181
identification required under division (A)(1) of section 3505.18	15182
of the Revised Code, who cannot provide the last four digits of	15183
the individual's social security number under division (A)(2) of	15184
that section because the individual does not have a social	15185
security number, and who has executed an affirmation as permitted	15186
under division (A)(4) of that section;	15187

(5) An individual whose name in the poll list or signature	15188
pollbook has been marked under section 3509.09 or 3511.13 of the	15189
Revised Code as having requested an absent voter's ballot or an	15190
armed service absent voter's ballot for that election and who	15191
appears to vote at the polling place;	15192

(6) An individual whose notification of registration has been	15193
returned undelivered to the board of elections and whose name in	15194
the official registration list and in the poll list or signature	15195
pollbook has been marked under division (C)(2) of section 3503.19	15196
of the Revised Code;	15197

(7) An individual who is challenged under section 3505.20 of	15198
the Revised Code and the election officials determine that the	15199
person is ineligible to vote or are unable to determine the	15200
person's eligibility to vote;	15201

(8) An individual whose application or challenge hearing has	15202
been postponed until after the day of the election under division	15203
(D)(1) of section 3503.24 of the Revised Code;	15204

(9) An individual who changes the individual's name and	15205
remains within the precinct, moves from one precinct to another	15206
within a county, moves from one precinct to another and changes	15207
the individual's name, or moves from one county to another within	15208
the state, and completes and signs the required forms and	15209
statements under division (B) or (C) of section 3503.16 of the	15210
Revised Code;	15211

(10) An individual whose signature, in the opinion of the	15212
precinct officers under section 3505.22 of the Revised Code, is	15213
not that of the person who signed that name in the registration	15214
forms;	15215

(11) An individual who is challenged under section 3513.20 of	15216
the Revised Code who refuses to make the statement required under	15217
that section, who a majority of the precinct officials find lacks	15218
any of the qualifications to make the individual a qualified	15219
elector, or who a majority of the precinct officials find is not	15220
affiliated with or a member of the political party whose ballot	15221
the individual desires to vote;	15222

(12) An individual who does not have any of the forms of	15223
identification required under division (A)(1) of section 3505.18	15224
of the Revised Code, who cannot provide the last four digits of	15225
the individual's social security number under division (A)(2) of	15226
that section because the person does not have a social security	15227
number, and who declines to execute an affirmation as permitted	15228
under division (A)(4) of that section;	15229

(13) An individual who has but declines to provide to the	15230
precinct election officials any of the forms of identification	15231
required under division (A)(1) of section 3501.18 of the Revised	15232
Code or who has a social security number but declines to provide	15233
to the precinct election officials the last four digits of the	15234
individual's social security number.	15235

(B) An individual who is eligible to cast a provisional	15236
ballot under division (A) of this section shall be permitted to	15237
cast a provisional ballot as follows:	15238

(1) An election official at the polling place shall notify	15239
the individual that the individual may cast a provisional ballot	15240
in that election.	15241

(2) The individual shall be permitted to cast a provisional	15242
ballot at that polling place upon the execution of a written	15243
affirmation by the individual before an election official at the	15244
polling place stating that the individual is both of the	15245
following:	15246

(a) A registered voter in the jurisdiction in which the	15247
individual desires to vote;	15248

(b) Eligible to vote in that election.

15249

(3) An election official at the polling place shall transmit	15250
the ballot cast by the individual, the voter information contained	15251
in the written affirmation executed by the individual under	15252
division (B)(2) of this section, or the individual's name if the	15253
individual declines to execute such an affirmation to an	15254
appropriate local election official for verification under	15255
division (B)(4) of this section.	15256

(4) If the appropriate local election official to whom the	15257
ballot or voter or address information is transmitted under	15258
division (B)(3) of this section determines that the individual is	15259
eligible to vote, the individual's provisional ballot shall be	15260
counted as a vote in that election.	15261

(5)(a) At the time that an individual casts a provisional	15262
ballot, the appropriate local election official shall give the	15263
individual written information that states that any individual who	15264
casts a provisional ballot will be able to ascertain under the	15265
system established under division (B)(5)(b) of this section	15266
whether the vote was counted, and, if the vote was not counted,	15267
the reason that the vote was not counted.	15268

(b) The appropriate state or local election official shall	15269
establish a free access system, in the form of a toll-free	15270
telephone number, that any individual who casts a provisional	15271
ballot may access to discover whether the vote of that individual	15272
was counted, and, if the vote was not counted, the reason that the	15273
vote was not counted. The free access system established under	15274
this division also shall provide to an individual whose	15275
provisional ballot was not counted information explaining how that	15276
individual may contact the board of elections to register to vote	15277
or to resolve problems with the individual's voter registration.	15278

The appropriate state or local election official shall	15279
establish and maintain reasonable procedures necessary to protect	15280
the security, confidentiality, and integrity of personal	15281
information collected, stored, or otherwise used by the free	15282
access system established under this division. Access to	15283
information about an individual ballot shall be restricted to the	15284
individual who cast the ballot.	15285

(6) If, at the time that an individual casts a provisional	15286
ballot, the individual provides identification in the form of a	15287
current and valid photo identification, a military identification	15288
~~that shows the voter's name and current address~~, or a copy of a	15289
current utility bill, bank statement, government check, paycheck,	15290
or other government document, other than a notice of an election	15291
mailed by a board of elections under section 3501.19 of the	15292
Revised Code or a notice of voter registration mailed by a board	15293
of elections under section 3503.19 of the Revised Code, that shows	15294
the individual's name and current address, or provides the last	15295
four digits of the individual's social security number, or	15296
executes an affirmation that the elector does not have any of	15297
those forms of identification or the last four digits of the	15298
individual's social security number because the individual does	15299
not have a social security number, or declines to execute such an	15300
affirmation, the appropriate local election official shall record	15301
the type of identification provided, the social security number	15302
information, the fact that the affirmation was executed, or the	15303
fact that the individual declined to execute such an affirmation	15304
and include that information with the transmission of the ballot	15305
or voter or address information under division (B)(3) of this	15306
section. If the individual declines to execute such an	15307
affirmation, the appropriate local election official shall record	15308
the individual's name and include that information with the	15309
transmission of the ballot under division (B)(3) of this section.	15310

(7) If an individual casts a provisional ballot pursuant to	15311
division (A)(3), (7), (8), (12), or (13) of this section, the	15312
election official shall indicate, on the provisional ballot	15313
verification statement required under section 3505.182 of the	15314
Revised Code, that the individual is required to provide	15315
additional information to the board of elections or that an	15316
application or challenge hearing has been postponed with respect	15317
to the individual, such that additional information is required	15318
for the board of elections to determine the eligibility of the	15319
individual who cast the provisional ballot.	15320

(8) During the ten days after the day of an election, an	15321
individual who casts a provisional ballot pursuant to division	15322
(A)(3), (7), (12), or (13) of this section shall appear at the	15323
office of the board of elections and provide to the board any	15324
additional information necessary to determine the eligibility of	15325
the individual who cast the provisional ballot.	15326

(a) For a provisional ballot cast pursuant to division	15327
(A)(3), (12), or (13) of this section to be eligible to be	15328
counted, the individual who cast that ballot, within ten days	15329
after the day of the election, shall do any of the following:	15330

(i) Provide to the board of elections proof of the	15331
individual's identity in the form of a current and valid photo	15332
identification, a military identification ~~that shows the voter's~~	15333
~~name and current address~~, or a copy of a current utility bill,	15334
bank statement, government check, paycheck, or other government	15335
document, other than a notice of an election mailed by a board of	15336
elections under section 3501.19 of the Revised Code or a notice of	15337
voter registration mailed by a board of elections under section	15338
3503.19 of the Revised Code, that shows the individual's name and	15339
current address;	15340

(ii) Provide to the board of elections the last four digits	15341
of the individual's social security number;	15342

(iii) In the case of a provisional ballot executed pursuant	15343
to division (A)(12) of this section, execute an affirmation as	15344
permitted under division (A)(4) of section 3505.18 of the Revised	15345
Code.	15346

(b) For a provisional ballot cast pursuant to division (A)(7)	15347
of this section to be eligible to be counted, the individual who	15348
cast that ballot, within ten days after the day of that election,	15349
shall provide to the board of elections any identification or	15350
other documentation required to be provided by the applicable	15351
challenge questions asked of that individual under section 3505.20	15352
of the Revised Code.	15353

(C)(1) If an individual declares that the individual is	15354
eligible to vote in a jurisdiction other than the jurisdiction in	15355
which the individual desires to vote, or if, upon review of the	15356
precinct voting location guide using the residential street	15357
address provided by the individual, an election official at the	15358
polling place at which the individual desires to vote determines	15359
that the individual is not eligible to vote in that jurisdiction,	15360
the election official shall direct the individual to the polling	15361
place for the jurisdiction in which the individual appears to be	15362
eligible to vote, explain that the individual may cast a	15363
provisional ballot at the current location but the ballot will not	15364
be counted if it is cast in the wrong precinct, and provide the	15365
telephone number of the board of elections in case the individual	15366
has additional questions.	15367

(2) If the individual refuses to travel to the polling place	15368
for the correct jurisdiction or to the office of the board of	15369
elections to cast a ballot, the individual shall be permitted to	15370
vote a provisional ballot at that jurisdiction in accordance with	15371
division (B) of this section. If any of the following apply, the	15372
provisional ballot cast by that individual shall not be opened or	15373
counted:	15374

(a) The individual is not properly registered in that	15375
jurisdiction.	15376

(b) The individual is not eligible to vote in that election	15377
in that jurisdiction.	15378

(c) The individual's eligibility to vote in that jurisdiction	15379
in that election cannot be established upon examination of the	15380
records on file with the board of elections.	15381

(D) The appropriate local election official shall cause	15382
voting information to be publicly posted at each polling place on	15383
the day of each election.	15384

(E) As used in this section and sections 3505.182 and	15385
3505.183 of the Revised Code:	15386

(1) "Jurisdiction" means the precinct in which a person is a	15387
legally qualified elector.	15388

(2) "Precinct voting location guide" means either of the	15389
following:	15390

(a) An electronic or paper record that lists the correct	15391
jurisdiction and polling place for either each specific	15392
residential street address in the county or the range of	15393
residential street addresses located in each neighborhood block in	15394
the county;	15395

(b) Any other method that a board of elections creates that	15396
allows a precinct election official or any elector who is at a	15397
polling place in that county to determine the correct jurisdiction	15398
and polling place of any qualified elector who resides in the	15399
county.	15400

(3) "Voting information" means all of the following:

15401

(a) A sample version of the ballot that will be used for that	15402
election;	15403

(b) Information regarding the date of the election and the	15404
hours during which polling places will be open;	15405

(c) Instructions on how to vote, including how to cast a vote	15406
and how to cast a provisional ballot;	15407

(d) Instructions for mail-in registrants and first-time	15408
voters under applicable federal and state laws;	15409

(e) General information on voting rights under applicable	15410
federal and state laws, including information on the right of an	15411
individual to cast a provisional ballot and instructions on how to	15412
contact the appropriate officials if these rights are alleged to	15413
have been violated;	15414

(f) General information on federal and state laws regarding	15415
prohibitions against acts of fraud and misrepresentation.	15416

Sec. 3505.182. Each individual who casts a provisional	15417
ballot under section 3505.181 of the Revised Code shall execute a	15418
written affirmation. The form of the written affirmation shall be	15419
printed upon the face of the provisional ballot envelope and shall	15420
be substantially as follows:	15421

"Provisional Ballot Affirmation	15422

STATE OF OHIO	15423

I, .................... (Name of provisional voter), solemnly	15424
swear or affirm that I am a registered voter in the jurisdiction	15425
in which I am voting this provisional ballot and that I am	15426
eligible to vote in the election in which I am voting this	15427
provisional ballot.	15428

I understand that, if the above-provided information is not	15429
fully completed and correct, if the board of elections determines	15430
that I am not registered to vote, a resident of this precinct, or	15431
eligible to vote in this election, or if the board of elections	15432
determines that I have already voted in this election, my	15433
provisional ballot will not be counted. I further understand that	15434
knowingly providing false information is a violation of law and	15435
subjects me to possible criminal prosecution.	15436

I hereby declare, under penalty of election falsification,	15437
that the above statements are true and correct to the best of my	15438
knowledge and belief.	15439

			15440
	(Signature of Voter)		15441
			15442
	(Voter's date of birth)		15443

	The last four digits of the voter's social security number		15444
			15445
	(To be provided if the voter is unable to provide a current and valid photo identification, a military identification ~~that shows the voter's name and current address~~, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits)		15446

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	15447
OF THE FIFTH DEGREE.	15448

Additional Information For Determining Ballot Validity	15449

(May be completed at voter's discretion)	15450

Voter's current address:				15451
Voter's former address if photo identification does not contain voter's current address				15452
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number				15453
(Please circle number type)				15454
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification ~~that shows the voter's name and current address~~, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.)				15455
Reason for voting provisional ballot (Check one):				15456
..... Requested, but did not receive, absent voter's ballot				15457
..... Other				15458

Verification Statement	15459

(To be completed by election official)	15460

The Provisional Ballot Affirmation printed above was	15461
subscribed and affirmed before me this .......... day of	15462
.......... (Month), .......... (Year).	15463

(If applicable, the election official must check the	15464
following true statement concerning additional information needed	15465
to determine the eligibility of the provisional voter.)	15466

...... The provisional voter is required to provide	15467
additional information to the board of elections.	15468

...... An application or challenge hearing regarding this	15469
voter has been postponed until after the election.	15470

(The election official must check the following true	15471
statement concerning identification provided by the provisional	15472
voter, if any.)	15473

...... The provisional voter provided a current and valid	15474
photo identification.	15475

...... The provisional voter provided a current valid photo	15476
identification, other than a driver's license or a state	15477
identification card, with the voter's former address instead of	15478
current address and has provided the election official both the	15479
current and former addresses.	15480

...... The provisional voter provided a military	15481
identification ~~that shows the voter's name and current address~~ or	15482
a copy of a current utility bill, bank statement, government	15483
check, paycheck, or other government document, other than a notice	15484
of an election mailed by a board of elections under section	15485
3501.19 of the Revised Code or a notice of voter registration	15486
mailed by a board of elections under section 3503.19 of the	15487
Revised Code, with the voter's name and current address.	15488

...... The provisional voter provided the last four digits of	15489
the voter's social security number.	15490

...... The provisional voter is not able to provide a current	15491
and valid photo identification, a military identification ~~that~~	15492
~~shows the voter's name and current address~~, or a copy of a current	15493
utility bill, bank statement, government check, paycheck, or other	15494
government document, other than a notice of an election mailed by	15495
a board of elections under section 3501.19 of the Revised Code or	15496
a notice of voter registration mailed by a board of elections	15497
under section 3503.19 of the Revised Code, with the voter's name	15498
and current address but does have one of these forms of	15499
identification. The provisional voter must provide one of the	15500
foregoing items of identification to the board of elections within	15501
ten days after the election.	15502

..... The provisional voter is not able to provide a current	15503
and valid photo identification, a military identification ~~that~~	15504
~~shows the voter's name and current address~~, or a copy of a current	15505
utility bill, bank statement, government check, paycheck, or other	15506
government document, other than a notice of an election mailed by	15507
a board of elections under section 3501.19 of the Revised Code or	15508
a notice of voter registration mailed by a board of elections	15509
under section 3503.19 of the Revised Code, with the voter's name	15510
and current address but does have one of these forms of	15511
identification. Additionally, the provisional voter does have a	15512
social security number but is not able to provide the last four	15513
digits of the voter's social security number before voting. The	15514
provisional voter must provide one of the foregoing items of	15515
identification or the last four digits of the voter's social	15516
security number to the board of elections within ten days after	15517
the election.	15518

..... The provisional voter does not have a current and valid	15519
photo identification, a military identification ~~that shows the~~	15520
~~voter's name and current address~~, a copy of a current utility	15521
bill, bank statement, government check, paycheck, or other	15522
government document with the voter's name and current address, or	15523
a social security number, but has executed an affirmation.	15524

..... The provisional voter does not have a current and valid	15525
photo identification, a military identification ~~that shows the~~	15526
~~voter's name and current address~~, a copy of a current utility	15527
bill, bank statement, government check, paycheck, or other	15528
government document with the voter's name and current address, or	15529
a social security number, and has declined to execute an	15530
affirmation.	15531

..... The provisional voter declined to provide a current and	15532
valid photo identification, a military identification ~~that shows~~	15533
~~the voter's name and current address~~, a copy of a current utility	15534
bill, bank statement, government check, paycheck, or other	15535
government document with the voter's name and current address, or	15536
the last four digits of the voter's social security number but	15537
does have one of these forms of identification or a social	15538
security number. The provisional voter must provide one of the	15539
foregoing items of identification or the last four digits of the	15540
voter's social security number to the board of elections within	15541
ten days after the election.	15542

			15543
	(Signature of Election Official)"		15544

In addition to any information required to be included on the	15545
written affirmation, an individual casting a provisional ballot	15546
may provide additional information to the election official to	15547
assist the board of elections in determining the individual's	15548
eligibility to vote in that election, including the date and	15549
location at which the individual registered to vote, if known.	15550

If the individual declines to execute the affirmation, an	15551
appropriate local election official shall comply with division	15552
(B)(6) of section 3505.181 of the Revised Code.	15553

Sec. 3505.183. (A) When the ballot boxes are delivered to	15554
the board of elections from the precincts, the board shall	15555
separate the provisional ballot envelopes from the rest of the	15556
ballots. Teams of employees of the board consisting of one member	15557
of each major political party shall place the sealed provisional	15558
ballot envelopes in a secure location within the office of the	15559
board. The sealed provisional ballot envelopes shall remain in	15560
that secure location until the validity of those ballots is	15561
determined under division (B) of this section. While the	15562
provisional ballot is stored in that secure location, and prior to	15563
the counting of the provisional ballots, if the board receives	15564
information regarding the validity of a specific provisional	15565
ballot under division (B) of this section, the board may note, on	15566
the sealed provisional ballot envelope for that ballot, whether	15567
the ballot is valid and entitled to be counted.	15568

(B)(1) To determine whether a provisional ballot is valid and	15569
entitled to be counted, the board shall examine its records and	15570
determine whether the individual who cast the provisional ballot	15571
is registered and eligible to vote in the applicable election. The	15572
board shall examine the information contained in the written	15573
affirmation executed by the individual who cast the provisional	15574
ballot under division (B)(2) of section 3505.181 of the Revised	15575
Code. If the individual declines to execute such an affirmation,	15576
the individual's name, written by either the individual or the	15577
election official at the direction of the individual, shall be	15578
included in a written affirmation in order for the provisional	15579
ballot to be eligible to be counted; otherwise, the following	15580
information shall be included in the written affirmation in order	15581
for the provisional ballot to be eligible to be counted:	15582

(a) The individual's name and signature;

15583

(b) A statement that the individual is a registered voter in	15584
the jurisdiction in which the provisional ballot is being voted;	15585

(c) A statement that the individual is eligible to vote in	15586
the election in which the provisional ballot is being voted.	15587

(2) In addition to the information required to be included in	15588
an affirmation under division (B)(1) of this section, in	15589
determining whether a provisional ballot is valid and entitled to	15590
be counted, the board also shall examine any additional	15591
information for determining ballot validity provided by the	15592
provisional voter on the affirmation, provided by the provisional	15593
voter to an election official under section 3505.182 of the	15594
Revised Code, or provided to the board of elections during the ten	15595
days after the day of the election under division (B)(8) of	15596
section 3505.181 of the Revised Code, to assist the board in	15597
determining the individual's eligibility to vote.	15598

(3) If, in examining a provisional ballot affirmation and	15599
additional information under divisions (B)(1) and (2) of this	15600
section, the board determines that all of the following apply, the	15601
provisional ballot envelope shall be opened, and the ballot shall	15602
be placed in a ballot box to be counted:	15603

(a) The individual named on the affirmation is properly	15604
registered to vote.	15605

(b) The individual named on the affirmation is eligible to	15606
cast a ballot in the precinct and for the election in which the	15607
individual cast the provisional ballot.	15608

(c) The individual provided all of the information required	15609
under division (B)(1) of this section in the affirmation that the	15610
individual executed at the time the individual cast the	15611
provisional ballot.	15612

(d) If applicable, the individual provided any additional	15613
information required under division (B)(8) of section 3505.181 of	15614
the Revised Code within ten days after the day of the election.	15615

(e) If applicable, the hearing conducted under division (B)	15616
of section 3503.24 of the Revised Code after the day of the	15617
election resulted in the individual's inclusion in the official	15618
registration list.	15619

(4)(a) If, in examining a provisional ballot affirmation and	15620
additional information under divisions (B)(1) and (2) of this	15621
section, the board determines that any of the following applies,	15622
the provisional ballot envelope shall not be opened, and the	15623
ballot shall not be counted:	15624

(i) The individual named on the affirmation is not qualified	15625
or is not properly registered to vote.	15626

(ii) The individual named on the affirmation is not eligible	15627
to cast a ballot in the precinct or for the election in which the	15628
individual cast the provisional ballot.	15629

(iii) The individual did not provide all of the information	15630
required under division (B)(1) of this section in the affirmation	15631
that the individual executed at the time the individual cast the	15632
provisional ballot.	15633

(iv) The individual has already cast a ballot for the	15634
election in which the individual cast the provisional ballot.	15635

(v) If applicable, the individual did not provide any	15636
additional information required under division (B)(8) of section	15637
3505.181 of the Revised Code within ten days after the day of the	15638
election.	15639

(vi) If applicable, the hearing conducted under division (B)	15640
of section 3503.24 of the Revised Code after the day of the	15641
election did not result in the individual's inclusion in the	15642
official registration list.	15643

(vii) The individual failed to provide a current and valid	15644
photo identification, a military identification ~~that shows the~~	15645
~~voter's name and current address~~, a copy of a current utility	15646
bill, bank statement, government check, paycheck, or other	15647
government document, other than a notice of an election mailed by	15648
a board of elections under section 3501.19 of the Revised Code or	15649
a notice of voter registration mailed by a board of elections	15650
under section 3503.19 of the Revised Code, with the voter's name	15651
and current address, or the last four digits of the individual's	15652
social security number or to execute an affirmation under division	15653
(A) of section 3505.18 or division (B) of section 3505.181 of the	15654
Revised Code.	15655

(b) If, in examining a provisional ballot affirmation and	15656
additional information under divisions (B)(1) and (2) of this	15657
section, the board is unable to determine either of the following,	15658
the provisional ballot envelope shall not be opened, and the	15659
ballot shall not be counted:	15660

(i) Whether the individual named on the affirmation is	15661
qualified or properly registered to vote;	15662

(ii) Whether the individual named on the affirmation is	15663
eligible to cast a ballot in the precinct or for the election in	15664
which the individual cast the provisional ballot.	15665

(C)(1) For each provisional ballot rejected under division	15666
(B)(4) of this section, the board shall record the name of the	15667
provisional voter who cast the ballot, the identification number	15668
of the provisional ballot envelope, the names of the election	15669
officials who determined the validity of that ballot, the date and	15670
time that the determination was made, and the reason that the	15671
ballot was not counted.	15672

(2) Provisional ballots that are rejected under division	15673
(B)(4) of this section shall not be counted but shall be preserved	15674
in their provisional ballot envelopes unopened until the time	15675
provided by section 3505.31 of the Revised Code for the	15676
destruction of all other ballots used at the election for which	15677
ballots were provided, at which time they shall be destroyed.	15678

(D) Provisional ballots that the board determines are	15679
eligible to be counted under division (B)(3) of this section shall	15680
be counted in the same manner as provided for other ballots under	15681
section 3505.27 of the Revised Code. No provisional ballots shall	15682
be counted in a particular county until the board determines the	15683
eligibility to be counted of all provisional ballots cast in that	15684
county under division (B) of this section for that election.	15685
Observers, as provided in section 3505.21 of the Revised Code, may	15686
be present at all times that the board is determining the	15687
eligibility of provisional ballots to be counted and counting	15688
those provisional ballots determined to be eligible. No person	15689
shall recklessly disclose the count or any portion of the count of	15690
provisional ballots in such a manner as to jeopardize the secrecy	15691
of any individual ballot.	15692

(E)(1) Except as otherwise provided in division (E)(2) of	15693
this section, nothing in this section shall prevent a board of	15694
elections from examining provisional ballot affirmations and	15695
additional information under divisions (B)(1) and (2) of this	15696
section to determine the eligibility of provisional ballots to be	15697
counted during the ten days after the day of an election.	15698

(2) A board of elections shall not examine the provisional	15699
ballot affirmation and additional information under divisions	15700
(B)(1) and (2) of this section of any provisional ballot for which	15701
an election official has indicated under division (B)(7) of	15702
section 3505.181 of the Revised Code that additional information	15703
is required for the board of elections to determine the	15704
eligibility of the individual who cast that provisional ballot	15705
until the individual provides any information required under	15706
division (B)(8) of section 3505.181 of the Revised Code, until any	15707
hearing required to be conducted under section 3503.24 of the	15708
Revised Code with regard to the provisional voter is held, or	15709
until the eleventh day after the day of the election, whichever is	15710
earlier.	15711

Sec. 3509.03. Except as provided in section 3509.031 or	15712
division (B) of section 3509.08 of the Revised Code, any qualified	15713
elector desiring to vote absent voter's ballots at an election	15714
shall make written application for those ballots to the director	15715
of elections of the county in which the elector's voting residence	15716
is located. The application need not be in any particular form but	15717
shall contain all of the following:	15718

(A) The elector's name;

15719

(B) The elector's signature;

15720

15721

(D) The elector's date of birth;

15722

(E) One of the following:

15723

(1) The elector's driver's license number;

15724

(2) The last four digits of the elector's social security	15725
number;	15726

(3) A copy of the elector's current and valid photo	15727
identification, a copy of a military identification ~~that shows the~~	15728
~~elector's name and current address~~, or a copy of a current utility	15729
bill, bank statement, government check, paycheck, or other	15730
government document, other than a notice of an election mailed by	15731
a board of elections under section 3501.19 of the Revised Code or	15732
a notice of voter registration mailed by a board of elections	15733
under section 3503.19 of the Revised Code, that shows the name and	15734
address of the elector.	15735

(F) A statement identifying the election for which absent	15736
voter's ballots are requested;	15737

(G) A statement that the person requesting the ballots is a	15738
qualified elector;	15739

(H) If the request is for primary election ballots, the	15740
elector's party affiliation;	15741

(I) If the elector desires ballots to be mailed to the	15742
elector, the address to which those ballots shall be mailed.	15743

A voter who will be outside the United States on the day of	15744
any election during a calendar year may use a single federal post	15745
card application to apply for absent voter's ballots. Those	15746
ballots shall be sent to the voter for use at the primary and	15747
general elections in that year and any special election to be held	15748
on the day in that year specified by division (E) of section	15749
3501.01 of the Revised Code for the holding of a primary election,	15750
designated by the general assembly for the purpose of submitting	15751
constitutional amendments proposed by the general assembly to the	15752
voters of the state unless the voter reports a change in the	15753
voter's voting status to the board of elections or the voter's	15754
intent to vote in any such election in the precinct in this state	15755
where the voter is registered to vote. A single federal postcard	15756
application shall be processed by the board of elections pursuant	15757
to section 3509.04 of the Revised Code the same as if the voter	15758
had applied separately for absent voter's ballots for each	15759
election. When mailing absent voter's ballots to a voter who	15760
applied for them by single federal post card application, the	15761
board shall enclose notification to the voter that the voter must	15762
report to the board subsequent changes in the voter's voting	15763
status or the voter's subsequent intent to vote in any such	15764
election in the precinct in this state where the voter is	15765
registered to vote. Such notification shall be in a form	15766
prescribed by the secretary of state. As used in this section,	15767
"voting status" means the voter's name at the time the voter	15768
applied for absent voter's ballots by single federal post card	15769
application and the voter's address outside the United States to	15770
which the voter requested that those ballots be sent.	15771

Each application for absent voter's ballots shall be	15772
delivered to the director not earlier than the first day of	15773
January of the year of the elections for which the absent voter's	15774
ballots are requested or not earlier than ninety days before the	15775
day of the election at which the ballots are to be voted,	15776
whichever is earlier, and not later than twelve noon of the third	15777
day before the day of the election at which the ballots are to be	15778
voted, or not later than the close of regular business hours on	15779
the day before the day of the election at which the ballots are to	15780
be voted if the application is delivered in person to the office	15781
of the board.	15782

Sec. 3509.031. (A) Any qualified elector who is a member of	15783
the organized militia called to active duty within the state and	15784
who will be unable to vote on election day on account of that	15785
active duty may make written application for absent voter's	15786
ballots to the director of elections for the county in which the	15787
elector's voting residence is located. The elector may personally	15788
deliver the application to the director or may mail it, send it by	15789
facsimile machine, or otherwise send it to the director. The	15790
application need not be in any particular form but shall contain	15791
all of the following:	15792

(1) The elector's name;

15793

(2) The elector's signature;

15794

(3) The address at which the elector is registered to vote;

15795

(4) The elector's date of birth;

15796

(5) One of the following:

15797

(a) The elector's driver's license number;

15798

(b) The last four digits of the elector's social security	15799
number;	15800

(c) A copy of the elector's current and valid photo	15801
identification, a copy of a military identification ~~that shows the~~	15802
~~elector's name and current address~~, or a copy of a current utility	15803
bill, bank statement, government check, paycheck, or other	15804
government document, other than a notice of an election mailed by	15805
a board of elections under section 3501.19 of the Revised Code or	15806
a notice of voter registration mailed by a board of elections	15807
under section 3503.19 of the Revised Code, that shows the name and	15808
address of the elector.	15809

(6) A statement identifying the election for which absent	15810
voter's ballots are requested;	15811

(7) A statement that the person requesting the ballots is a	15812
qualified elector;	15813

(8) A statement that the elector is a member of the organized	15814
militia serving on active duty within the state;	15815

(9) If the request is for primary election ballots, the	15816
elector's party affiliation;	15817

(10) If the elector desires ballots to be mailed to the	15818
elector, the address to which those ballots shall be mailed;	15819

(11) If the elector desires ballots to be sent to the elector	15820
by facsimile machine, the telephone number to which they shall be	15821
so sent.	15822

(B) Application to have absent voter's ballots mailed or sent	15823
by facsimile machine to a qualified elector who is a member of the	15824
organized militia called to active duty within the state and who	15825
will be unable to vote on election day on account of that active	15826
duty may be made by the spouse of the militia member or the	15827
father, mother, father-in-law, mother-in-law, grandfather,	15828
grandmother, brother or sister of the whole blood or half blood,	15829
son, daughter, adopting parent, adopted child, stepparent,	15830
stepchild, uncle, aunt, nephew, or niece of the militia member.	15831
The application shall be in writing upon a blank form furnished	15832
only by the director. The form of the application shall be	15833
prescribed by the secretary of state. The director shall furnish	15834
that blank form to any of the relatives specified in this division	15835
desiring to make the application, only upon the request of such a	15836
relative in person at the office of the board or upon the written	15837
request of such a relative mailed to the office of the board. The	15838
application, subscribed and sworn to by the applicant, shall	15839
contain all of the following:	15840

(1) The full name of the elector for whom ballots are	15841
requested;	15842

(2) A statement that such person is a qualified elector in	15843
the county;	15844

(3) The address at which the elector is registered to vote;

15845

(4) The elector's date of birth;

15846

(5) One of the following:

15847

(a) The elector's driver's license number;

15848

(b) The last four digits of the elector's social security	15849
number;	15850

(c) A copy of the elector's current and valid photo	15851
identification, a copy of a military identification ~~that shows the~~	15852
~~elector's name and current address~~, or a copy of a current utility	15853
bill, bank statement, government check, paycheck, or other	15854
government document, other than a notice of an election mailed by	15855
a board of elections under section 3501.19 of the Revised Code or	15856
a notice of voter registration mailed by a board of elections	15857
under section 3503.19 of the Revised Code, that shows the name and	15858
address of the elector.	15859

(6) A statement identifying the election for which absent	15860
voter's ballots are requested;	15861

(7) A statement that the elector is a member of the organized	15862
militia serving on active duty within the state;	15863

(8) If the request is for primary election ballots, the	15864
elector's party affiliation;	15865

(9) A statement that the applicant bears a relationship to	15866
the elector as specified in division (B) of this section;	15867

(10) The address to which ballots shall be mailed or	15868
telephone number to which ballots shall be sent by facsimile	15869
machine;	15870

(11) The signature and address of the person making the	15871
application.	15872

(C) Applications to have absent voter's ballots mailed or	15873
sent by facsimile machine shall not be valid if dated, postmarked,	15874
or received by the director prior to the ninetieth day before the	15875
day of the election for which ballots are requested or if	15876
delivered to the director later than twelve noon of the third day	15877
preceding the day of such election. If, after the ninetieth day	15878
and before four p.m. of the day before the day of an election, a	15879
valid application for absent voter's ballots is delivered to the	15880
director of elections at the office of the board by a militia	15881
member making application in the militia member's own behalf, the	15882
director shall forthwith deliver to the militia member all absent	15883
voter's ballots then ready for use, together with an	15884
identification envelope. The militia member shall then vote the	15885
absent voter's ballots in the manner provided in section 3509.05	15886
of the Revised Code.	15887

Sec. 3509.04. (A) If a director of a board of elections	15888
receives an application for absent voter's ballots that does not	15889
contain all of the required information, the director promptly	15890
shall notify the applicant of the additional information required	15891
to be provided by the applicant to complete that application.	15892

(B) Upon receipt by the director of elections of an	15893
application for absent voter's ballots that contain all of the	15894
required information, as provided by sections 3509.03 and 3509.031	15895
and division (G) of section 3503.16 of the Revised Code, the	15896
director, if the director finds that the applicant is a qualified	15897
elector, shall deliver to the applicant in person or mail directly	15898
to the applicant by special delivery mail, air mail, or regular	15899
mail, postage prepaid, proper absent voter's ballots. The director	15900
shall deliver or mail with the ballots an unsealed identification	15901
envelope upon the face of which shall be printed a form	15902
substantially as follows:	15903

"Identification Envelope Statement of Voter	15904

I, ........................(Name of voter), declare under	15905
penalty of election falsification that the within ballot or	15906
ballots contained no voting marks of any kind when I received	15907
them, and I caused the ballot or ballots to be marked, enclosed in	15908
the identification envelope, and sealed in that envelope.	15909

My voting residence in Ohio is

15910

...................................................................	15911

(Street and Number, if any, or Rural Route and Number)	15912

of ................................ (City, Village, or Township)	15913
Ohio, which is in Ward ............... Precinct ................	15914
in that city, village, or township.	15915

The primary election ballots, if any, within this envelope	15916
are primary election ballots of the ............. Party.	15917

Ballots contained within this envelope are to be voted at the	15918
.......... (general, special, or primary) election to be held on	15919
the .......................... day of ......................, ....	15920

My date of birth is ............... (Month and Day),	15921
.......... (Year).	15922

(Voter must provide one of the following:)

15923

My driver's license number is ............... (Driver's	15924
license number).	15925

The last four digits of my Social Security Number are	15926
............... (Last four digits of Social Security Number).	15927

...... In lieu of providing a driver's license number or the	15928
last four digits of my Social Security Number, I am enclosing a	15929
copy of one of the following in the return envelope in which this	15930
identification envelope will be mailed: a current and valid photo	15931
identification, a military identification ~~that shows my name and~~	15932
~~current address~~, or a current utility bill, bank statement,	15933
government check, paycheck, or other government document, other	15934
than a notice of an election mailed by a board of elections under	15935
section 3501.19 of the Revised Code or a notice of voter	15936
registration mailed by a board of elections, that shows my name	15937
and address.	15938

I hereby declare, under penalty of election falsification,	15939
that the statements above are true, as I verily believe.	15940

	....................................		15941
	(Signature of Voter)		15942

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	15943
THE FIFTH DEGREE."	15944

The director shall mail with the ballots and the unsealed	15945
identification envelope an unsealed return envelope upon the face	15946
of which shall be printed the official title and post-office	15947
address of the director. In the upper left corner on the face of	15948
the return envelope, several blank lines shall be printed upon	15949
which the voter may write the voter's name and return address, and	15950
beneath these lines there shall be printed a box beside the words	15951
"check if out-of-country." The voter shall check this box if the	15952
voter will be outside the United States on the day of the	15953
election. The return envelope shall be of such size that the	15954
identification envelope can be conveniently placed within it for	15955
returning the identification envelope to the director.	15956

Sec. 3509.05. (A) When an elector receives an absent voter's	15957
ballot pursuant to the elector's application or request, the	15958
elector shall, before placing any marks on the ballot, note	15959
whether there are any voting marks on it. If there are any voting	15960
marks, the ballot shall be returned immediately to the board of	15961
elections; otherwise, the elector shall cause the ballot to be	15962
marked, folded in a manner that the stub on it and the	15963
indorsements and facsimile signatures of the members of the board	15964
of elections on the back of it are visible, and placed and sealed	15965
within the identification envelope received from the director of	15966
elections for that purpose. Then, the elector shall cause the	15967
statement of voter on the outside of the identification envelope	15968
to be completed and signed, under penalty of election	15969
falsification.	15970

If the elector does not provide the elector's driver's	15971
license number or the last four digits of the elector's social	15972
security number on the statement of voter on the identification	15973
envelope, the elector also shall include in the return envelope	15974
with the identification envelope a copy of the elector's current	15975
valid photo identification, a copy of a military identification	15976
~~that shows the elector's name and current address~~, or a copy of a	15977
current utility bill, bank statement, government check, paycheck,	15978
or other government document, other than a notice of an election	15979
mailed by a board of elections under section 3501.19 of the	15980
Revised Code or a notice of voter registration mailed by a board	15981
of elections under section 3503.19 of the Revised Code, that shows	15982
the name and address of the elector.	15983

The elector shall mail the identification envelope to the	15984
director from whom it was received in the return envelope, postage	15985
prepaid, or the elector may personally deliver it to the director,	15986
or the spouse of the elector, the father, mother, father-in-law,	15987
mother-in-law, grandfather, grandmother, brother, or sister of the	15988
whole or half blood, or the son, daughter, adopting parent,	15989
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	15990
niece of the elector may deliver it to the director. The return	15991
envelope shall be transmitted to the director in no other manner,	15992
except as provided in section 3509.08 of the Revised Code.	15993

Each elector who will be outside the United States on the day	15994
of the election shall check the box on the return envelope	15995
indicating this fact.	15996

When absent voter's ballots are delivered to an elector at	15997
the office of the board, the elector may retire to a voting	15998
compartment provided by the board and there mark the ballots.	15999
Thereupon, the elector shall fold them, place them in the	16000
identification envelope provided, seal the envelope, fill in and	16001
sign the statement on the envelope under penalty of election	16002
falsification, and deliver the envelope to the director of the	16003
board.	16004

Except as otherwise provided in divisions (B) and (C) of this	16005
section, all other envelopes containing marked absent voter's	16006
ballots shall be delivered to the director not later than the	16007
close of the polls on the day of an election. Absent voter's	16008
ballots delivered to the director later than the times specified	16009
shall not be counted, but shall be kept by the board in the sealed	16010
identification envelopes in which they are delivered to the	16011
director, until the time provided by section 3505.31 of the	16012
Revised Code for the destruction of all other ballots used at the	16013
election for which ballots were provided, at which time they shall	16014
be destroyed.	16015

(B) Except as otherwise provided in division (C) of this	16016
section, any return envelope that indicates that the voter will be	16017
outside the United States on the day of the election shall be	16018
delivered to the director prior to the eleventh day after the	16019
election. Ballots delivered in such envelopes that are received	16020
after the close of the polls on election day through the tenth day	16021
thereafter shall be counted on the eleventh day at the board of	16022
elections in the manner provided in divisions (C) and (D) of	16023
section 3509.06 of the Revised Code. Any such ballots that are	16024
signed or postmarked after the close of the polls on the day of	16025
the election or that are received by the director later than the	16026
tenth day following the election shall not be counted, but shall	16027
be kept by the board in the sealed identification envelopes as	16028
provided in division (A) of this section.	16029

(C) In any year in which a presidential primary election is	16030
held, any return envelope that indicates that the voter will be	16031
outside the United States on the day of the presidential primary	16032
election shall be delivered to the director prior to the	16033
twenty-first day after that election. Ballots delivered in such	16034
envelopes that are received after the close of the polls on	16035
election day through the twentieth day thereafter shall be counted	16036
on the twenty-first day at the board of elections in the manner	16037
provided in divisions (C) and (D) of section 3509.06 of the	16038
Revised Code. Any such ballots that are signed or postmarked after	16039
the close of the polls on the day of that election or that are	16040
received by the director later than the twentieth day following	16041
that election shall not be counted, but shall be kept by the board	16042
in the sealed identification envelopes as provided in division (A)	16043
of this section.	16044

Sec. 3511.02. Notwithstanding any section of the Revised	16045
Code to the contrary, whenever any person applies for registration	16046
as a voter on a form adopted in accordance with federal	16047
regulations relating to the "Uniformed and Overseas Citizens	16048
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	16049
this application shall be sufficient for voter registration and as	16050
a request for an absent voter's ballot. Armed service absent	16051
voter's ballots may be obtained by any person meeting the	16052
requirements of section 3511.01 of the Revised Code by applying to	16053
the director of the board of elections of the county in which the	16054
person's voting residence is located, in one of the following	16055
ways:	16056

(A) That person may make written application for those	16057
ballots. The person may personally deliver the application to the	16058
director or may mail it, send it by facsimile machine, or	16059
otherwise send it to the director. The application need not be in	16060
any particular form but shall contain all of the following	16061
information:	16062

(1) The elector's name;

16063

(2) The elector's signature;

16064

(3) The address at which the elector is registered to vote;

16065

(4) The elector's date of birth;

16066

(5) One of the following:

16067

(a) The elector's driver's license number;

16068

(b) The last four digits of the elector's social security	16069
number;	16070

(c) A copy of the elector's current and valid photo	16071
identification, a copy of a military identification ~~that shows the~~	16072
~~elector's name and current address~~, or a copy of a current utility	16073
bill, bank statement, government check, paycheck, or other	16074
government document, other than a notice of an election mailed by	16075
a board of elections under section 3501.19 of the Revised Code or	16076
a notice of voter registration mailed by a board of elections	16077
under section 3503.19 of the Revised Code, that shows the name and	16078
address of the elector.	16079

(6) A statement identifying the election for which absent	16080
voter's ballots are requested;	16081

(7) A statement that the person requesting the ballots is a	16082
qualified elector;	16083

(8) A statement that the elector is an absent uniformed	16084
services voter as defined in 42 U.S.C. 1973ff-6;	16085

(9) A statement of the elector's length of residence in the	16086
state immediately preceding the commencement of service or	16087
immediately preceding the date of leaving to be with or near the	16088
service member, whichever is applicable;	16089

(10) If the request is for primary election ballots, the	16090
elector's party affiliation;	16091

(11) If the elector desires ballots to be mailed to the	16092
elector, the address to which those ballots shall be mailed;	16093

(12) If the elector desires ballots to be sent to the elector	16094
by facsimile machine, the telephone number to which they shall be	16095
so sent.	16096

(B) A voter or any relative of a voter listed in division (C)	16097
of this section may use a single federal post card application to	16098
apply for armed service absent voter's ballots for use at the	16099
primary and general elections in a given year and any special	16100
election to be held on the day in that year specified by division	16101
(E) of section 3501.01 of the Revised Code for the holding of a	16102
primary election, designated by the general assembly for the	16103
purpose of submitting constitutional amendments proposed by the	16104
general assembly to the voters of the state. A single federal	16105
postcard application shall be processed by the board of elections	16106
pursuant to section 3511.04 of the Revised Code the same as if the	16107
voter had applied separately for armed service absent voter's	16108
ballots for each election.	16109

(C) Application to have armed service absent voter's ballots	16110
mailed or sent by facsimile machine to such a person may be made	16111
by the spouse when the person is a service member, or by the	16112
father, mother, father-in-law, mother-in-law, grandfather,	16113
grandmother, brother or sister of the whole blood or half blood,	16114
son, daughter, adopting parent, adopted child, stepparent,	16115
stepchild, uncle, aunt, nephew, or niece of such a person. The	16116
application shall be in writing upon a blank form furnished only	16117
by the director or on a single federal post card as provided in	16118
division (B) of this section. The form of the application shall be	16119
prescribed by the secretary of state. The director shall furnish	16120
that blank form to any of the relatives specified in this division	16121
desiring to make the application, only upon the request of such a	16122
relative made in person at the office of the board or upon the	16123
written request of such a relative mailed to the office of the	16124
board. The application, subscribed and sworn to by the applicant,	16125
shall contain all of the following:	16126

(1) The full name of the elector for whom ballots are	16127
requested;	16128

(2) A statement that the elector is an absent uniformed	16129
services voter as defined in 42 U.S.C. 1973ff-6;	16130

(3) The address at which the elector is registered to vote;

16131

(4) A statement identifying the elector's length of residence	16132
in the state immediately preceding the commencement of service, or	16133
immediately preceding the date of leaving to be with or near a	16134
service member, as the case may be;	16135

(5) The elector's date of birth;

16136

(6) One of the following:

16137

(a) The elector's driver's license number;

16138

(b) The last four digits of the elector's social security	16139
number;	16140

(c) A copy of the elector's current and valid photo	16141
identification, a copy of a military identification ~~that shows the~~	16142
~~elector's name and current address~~, or a copy of a current utility	16143
bill, bank statement, government check, paycheck, or other	16144
government document, other than a notice of an election mailed by	16145
a board of elections under section 3501.19 of the Revised Code or	16146
a notice of voter registration mailed by a board of elections	16147
under section 3503.19 of the Revised Code, that shows the name and	16148
address of the elector.	16149

(7) A statement identifying the election for which absent	16150
voter's ballots are requested;	16151

(8) A statement that the person requesting the ballots is a	16152
qualified elector;	16153

(9) If the request is for primary election ballots, the	16154
elector's party affiliation;	16155

(10) A statement that the applicant bears a relationship to	16156
the elector as specified in division (C) of this section;	16157

(11) The address to which ballots shall be mailed or the	16158
telephone number to which ballots shall be sent by facsimile	16159
machine;	16160

(12) The signature and address of the person making the	16161
application.	16162

Each application for armed service absent voter's ballots	16163
shall be delivered to the director not earlier than the first day	16164
of January of the year of the elections for which the armed	16165
service absent voter's ballots are requested or not earlier than	16166
ninety days before the day of the election at which the ballots	16167
are to be voted, whichever is earlier, and not later than twelve	16168
noon of the third day preceding the day of the election, or not	16169
later than the close of regular business hours on the day before	16170
the day of the election at which those ballots are to be voted if	16171
the application is delivered in person to the office of the board.	16172

(D) If the voter for whom the application is made is entitled	16173
to vote for presidential and vice-presidential electors only, the	16174
applicant shall submit to the director in addition to the	16175
requirements of divisions (A), (B), and (C) of this section, a	16176
statement to the effect that the voter is qualified to vote for	16177
presidential and vice-presidential electors and for no other	16178
offices.	16179

Sec. 3511.05. (A) The director of the board of elections	16180
shall place armed service absent voter's ballots sent by mail in	16181
an unsealed identification envelope, gummed ready for sealing. The	16182
director shall include with armed service absent voter's ballots	16183
sent by facsimile machine an instruction sheet for preparing a	16184
gummed envelope in which the ballots shall be returned. The	16185
envelope for returning ballots sent by either means shall have	16186
printed or written on its face a form substantially as follows:	16187

~~"IDENTIFICATION ENVELOPE~~	16188

~~Armed Service Absent Voter's Ballots--~~	16189

~~Election ..............................................~~

16190

~~(Day of week and date)~~	16191

~~Information Concerning Voter~~	16192

~~1. What is your full name? ...............................~~

16193

~~(Name must be printed)~~

16194

~~2. What is the date of your birth? .......................~~

16195

~~3. Are you a citizen of the United States? ...............~~

16196

~~4. Where were you born? ..................................~~

16197

~~5. If a naturalized citizen, when and in what court were you~~	16198
~~naturalized?..................................................~~	16199

~~6. Are you serving in the armed forces of the United States,~~	16200
~~or are you the spouse of a person serving in the armed forces of~~	16201
~~the United States? (Indicate which one) .......................~~	16202

~~7. What was the date at the commencement of your service, or~~	16203
~~the date you left the state of Ohio to be with or near your~~	16204
~~service member spouse? ........................................~~	16205

~~8. Did you reside in the state of Ohio at the time of the~~	16206
~~commencement of your service, or the time you left the state of~~	16207
~~Ohio to be with or near your service member spouse? ............~~	16208

~~If so: What street and street number? ..........................~~	16209

~~What city or village? ..........................................~~	16210

~~What township? .................................................~~	16211

~~What county? ...................................................~~	16212

~~What is your present Ohio address? .............................~~	16213

~~9. How long had you continuously resided in Ohio immediately~~	16214
~~preceding the commencement of your service, or immediately~~	16215
~~preceding the date you left the state of Ohio to be with or near~~	16216
~~your service member spouse? ....................................~~	16217

~~10. Will you be outside the United States on the day of the~~	16218
~~election? ............ (Applicants who answer "yes" to this~~	16219
~~question must also check the appropriate box on the return~~	16220
~~envelope to indicate that they will be outside the United States.)~~	16221

~~I hereby declare, under penalty of election falsification,~~	16222
~~that the answers to the questions above set out are true and~~	16223
~~correct to the best of my knowledge and belief, and that I am not~~	16224
~~claiming, for the purpose of voting, a voting residence in any~~	16225
~~other state.~~	16226

~~WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY~~	16227
~~OF THE FIFTH DEGREE.~~	16228

	~~................................~~		16229
	~~(Voter must WRITE the voter's~~		16230
	~~usual signature here.)"~~		16231

~~If the identification envelope is for use in a primary~~	16232
~~election, it shall contain an additional question as follows:~~	16233

~~"11. With what political party are you affiliated?~~	16234
"	16235

"Identification Envelope Statement of Voter	16236

I, ........................(Name of voter), declare under	16237
penalty of election falsification that the within ballot or	16238
ballots contained no voting marks of any kind when I received	16239
them, and I caused the ballot or ballots to be marked, enclosed in	16240
the identification envelope, and sealed in that envelope.	16241

My voting residence in Ohio is

16242

...................................................................	16243

(Street and Number, if any, or Rural Route and Number)	16244

of ................................ (City, Village, or Township)	16245
Ohio, which is in Ward ............... Precinct ................	16246
in that city, village, or township.	16247

The primary election ballots, if any, within this envelope	16248
are primary election ballots of the ............. Party.	16249

Ballots contained within this envelope are to be voted at the	16250
.......... (general, special, or primary) election to be held on	16251
the .......................... day of ......................, ....	16252

My date of birth is ............... (Month and Day),	16253
.......... (Year).	16254

(Voter must provide one of the following:)

16255

My driver's license number is ............... (Driver's	16256
license number).	16257

The last four digits of my Social Security Number are	16258
............... (Last four digits of Social Security Number).	16259

...... In lieu of providing a driver's license number or the	16260
last four digits of my Social Security Number, I am enclosing a	16261
copy of one of the following in the return envelope in which this	16262
identification envelope will be mailed: a current and valid photo	16263
identification, a military identification, or a current utility	16264
bill, bank statement, government check, paycheck, or other	16265
government document, other than a notice of an election mailed by	16266
a board of elections under section 3501.19 of the Revised Code or	16267
a notice of voter registration mailed by a board of elections,	16268
that shows my name and address.	16269

I hereby declare, under penalty of election falsification,	16270
that the statements above are true, as I verily believe.	16271

	....................................		16272
	(Signature of Voter)		16273

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	16274
THE FIFTH DEGREE."	16275

(B) The director shall also mail with the ballots and the	16276
unsealed identification envelope sent by mail an unsealed return	16277
envelope, gummed, ready for sealing, for use by the voter in	16278
returning the voter's marked ballots to the director. The director	16279
shall send with the ballots and the instruction sheet for	16280
preparing a gummed envelope sent by facsimile machine an	16281
instruction sheet for preparing a second gummed envelope as	16282
described in this division, for use by the voter in returning that	16283
voter's marked ballots to the director. The return envelope shall	16284
have two parallel lines, each one quarter of an inch in width,	16285
printed across its face paralleling the top, with an intervening	16286
space of one quarter of an inch between such lines. The top line	16287
shall be one and one-quarter inches from the top of the envelope.	16288
Between the parallel lines shall be printed: "OFFICIAL ELECTION	16289
ARMED SERVICE ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	16290
lines shall be printed in the upper left corner on the face of the	16291
envelope for the use by the voter in placing the voter's complete	16292
military, naval, or mailing address on these lines, and beneath	16293
these lines there shall be printed a box beside the words "check	16294
if out-of-country." The voter shall check this box if the voter	16295
will be outside the United States on the day of the election. The	16296
official title and the post-office address of the director to whom	16297
the envelope shall be returned shall be printed on the face of	16298
such envelope in the lower right portion below the bottom parallel	16299
line.	16300

(C) On the back of each identification envelope and each	16301
return envelope shall be printed the following:	16302

"Instructions to voter:	16303

If the flap on this envelope is so firmly stuck to the back	16304
of the envelope when received by you as to require forcible	16305
opening in order to use it, open the envelope in the manner least	16306
injurious to it, and, after marking your ballots and enclosing	16307
same in the envelope for mailing them to the director of the board	16308
of elections, reclose the envelope in the most practicable way, by	16309
sealing or otherwise, and sign the blank form printed below.	16310

The flap on this envelope was firmly stuck to the back of the	16311
envelope when received, and required forced opening before sealing	16312
and mailing.	16313

	...............................		16314
	(Signature of voter)"		16315

(D) Division (C) of this section does not apply when absent	16316
voter's ballots are sent by facsimile machine.	16317

Sec. 3511.09. Upon receiving armed service absent voter's	16318
ballots, the elector shall cause the questions on the face of the	16319
identification envelope to be answered, and, by writing the	16320
elector's usual signature in the proper place on the	16321
identification envelope, the elector shall declare under penalty	16322
of election falsification that the answers to those questions are	16323
true and correct to the best of the elector's knowledge and	16324
belief. Then, the elector shall note whether there are any voting	16325
marks on the ballot. If there are any voting marks, the ballot	16326
shall be returned immediately to the board of elections;	16327
otherwise, the elector shall cause the ballot to be marked, folded	16328
separately so as to conceal the markings on it, deposited in the	16329
identification envelope, and securely sealed in the identification	16330
envelope. The elector then shall cause the identification envelope	16331
to be placed within the return envelope, sealed in the return	16332
envelope, and mailed to the director of the board of elections to	16333
whom it is addressed. If the elector does not provide the	16334
elector's driver's license number or the last four digits of the	16335
elector's social security number on the statement of voter on the	16336
identification envelope, the elector also shall include in the	16337
return envelope with the identification envelope a copy of the	16338
elector's current valid photo identification, a copy of a military	16339
identification ~~that shows the elector's name and current address~~,	16340
or a copy of a current utility bill, bank statement, government	16341
check, paycheck, or other government document, other than a notice	16342
of an election mailed by a board of elections under section	16343
3501.19 of the Revised Code or a notice of voter registration	16344
mailed by a board of elections under section 3503.19 of the	16345
Revised Code, that shows the name and address of the elector. Each	16346
elector who will be outside the United States on the day of the	16347
election shall check the box on the return envelope indicating	16348
this fact and shall mail the return envelope to the director prior	16349
to the close of the polls on election day.	16350

Every armed services absent voter's ballot identification	16351
envelope shall be accompanied by the following statement in	16352
boldface capital letters: WHOEVER COMMITS ELECTION FALSIFICATION	16353
IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	16354

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	16355
Revised Code:	16356

(A) "Primary care physician" means an individual who is	16357
authorized under Chapter 4731. of the Revised Code to practice	16358
medicine and surgery or osteopathic medicine and surgery and is	16359
board certified or board eligible in a primary care specialty.	16360

(B) "Primary care service" means professional comprehensive	16361
personal health services, which may include health education and	16362
disease prevention, treatment of uncomplicated health problems,	16363
diagnosis of chronic health problems, overall management of	16364
health care services for an individual or a family, and the	16365
services of a psychiatrist. "Primary care service" also includes	16366
providing the initial contact for health care services and making	16367
referrals for secondary and tertiary care and for continuity of	16368
health care services.	16369

(C) "Primary care specialty" means general internal medicine,	16370
pediatrics, adolescent medicine, obstetrics and gynecology,	16371
psychiatry, child and adolescent psychiatry, geriatric	16372
psychiatry, combined internal medicine and pediatrics,	16373
geriatrics, or family practice.	16374

Sec. 3702.72. (A) A primary care physician who will not have	16375
an outstanding obligation for medical service to the federal	16376
government, a state, or other entity at the time of participation	16377
in the physician loan repayment program and meets one of the	16378
following requirements may apply for participation in the	16379
physician loan repayment program:	16380

(1) The primary care physician is enrolled in the final year	16381
of an accredited program required for board certification in a	16382
primary care specialty.	16383

(2) The primary care physician is enrolled in the final year	16384
of a fellowship program in a primary care specialty.	16385

(3) The primary care physician holds a valid certificate to	16386
practice medicine and surgery or osteopathic medicine and surgery	16387
issued under Chapter 4731. of the Revised Code.	16388

(B) An application for participation in the physician loan	16389
repayment program shall be submitted to the director of health on	16390
a form that the director shall prescribe. The information required	16391
to be submitted with an application includes the following:	16392

(1) The applicant's name, permanent address or address at	16393
which the applicant is currently residing if different from the	16394
permanent address, and telephone number;	16395

(2) The applicant's primary care specialty or specialties;

16396

(3) The medical school or osteopathic medical school the	16397
applicant attended, the dates of attendance, and verification of	16398
attendance;	16399

(4) The facility or institution where the applicant's medical	16400
residency program was completed or is being performed, and, if	16401
completed, the date of completion;	16402

(5) If applicable, the facility or institution where the	16403
applicant's fellowship was completed or is being performed, and,	16404
if completed, the date of completion;	16405

(6) A summary and verification of the educational expenses	16406
for which the applicant seeks reimbursement under the program;	16407

~~(6)~~(7) Verification of the applicant's authorization under	16408
Chapter 4731. of the Revised Code to practice medicine and surgery	16409
or osteopathic medicine and surgery;	16410

~~(7)~~(8) Verification of the applicant's United States	16411
citizenship or status as a legal alien.	16412

Sec. 3702.73. If funds are available in the physician loan	16413
repayment fund created under section 3702.78 of the Revised Code	16414
and the general assembly has appropriated funds for the physician	16415
loan repayment program, the director of health shall approve an	16416
applicant for participation in the program if the director finds	16417
that, in accordance with the priorities established under section	16418
3702.77 of the Revised Code, the applicant is eligible for	16419
participation in the program and the applicant's primary care	16420
specialty is needed in a health resource shortage area.	16421

Upon approval, the director shall notify and enter into	16422
discussions with the applicant. The object of the discussions is	16423
to facilitate the recruitment of the applicant to a site within a	16424
health resource shortage area at which, according to the	16425
priorities established under section 3702.77 of the Revised Code,	16426
the applicant's primary care specialty is most needed.	16427

If the director and applicant agree on the applicant's	16428
placement at a particular site within a health resource shortage	16429
area, the applicant shall prepare, sign, and deliver to the	16430
director a letter of intent agreeing to that placement.	16431

Sec. 3702.74. (A) A primary care physician who has signed a	16432
letter of intent under section 3702.73 of the Revised Code,and	16433
the director of health~~, and the Ohio board of regents~~ may enter	16434
into a contract for the physician's participation in the physician	16435
loan repayment program. ~~A lending institution~~The physician's	16436
employer or other funding source may also be a party to the	16437
contract.	16438

(B) The contract shall include all of the following	16439
obligations:	16440

(1) The primary care physician agrees to provide primary care	16441
services in the health resource shortage area identified in the	16442
letter of intent for at least two years ~~or one year per twenty~~	16443
~~thousand dollars of repayment agreed to under division (B)(3) of~~	16444
~~this section, whichever is greater~~;	16445

(2) When providing primary care services in the health	16446
resource shortage area, the primary care physician agrees to do	16447
all of the following:	16448

(a) Provide primary care services for a minimum of forty	16449
hours per week, of which at least twenty-one hours will be spent	16450
providing patient care in an outpatient or ambulatory setting;	16451

(b) Provide primary care services without regard to a	16452
patient's ability to pay;	16453

(c) Meet the conditions prescribed by the "Social Security	16454
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	16455
department of job and family services for participation in the	16456
~~medical assistance~~medicaid program established under Chapter	16457
5111. of the Revised Code and enter into a contract with the	16458
department to provide primary care services to recipients of the	16459
medical assistance program;	16460

(d) Meet the conditions established by the department of job	16461
and family services for participation in the disability medical	16462
assistance program established under Chapter 5115. of the Revised	16463
Code and enter into a contract with the department to provide	16464
primary care services to recipients of disability medical	16465
assistance.	16466

(3) The ~~Ohio board of regents~~department of health agrees, as	16467
provided in section 3702.75 of the Revised Code, to repay, so long	16468
as the primary care physician performs the service obligation	16469
agreed to under division (B)(1) of this section, all or part of	16470
the principal and interest of a government or other educational	16471
loan taken by the primary care physician for expenses described in	16472
section 3702.75 of the Revised Code;	16473

(4) The primary care physician agrees to pay the ~~board the~~	16474
~~following as damages~~department of health an amount established by	16475
rules adopted under section 3702.79 of the Revised Code if the	16476
physician fails to complete the service obligation agreed to under	16477
division (B)(1) of this section:	16478

~~(a) If the failure occurs during the first two years of the~~	16479
~~service obligation, three times the total amount the board has~~	16480
~~agreed to repay under division (B)(3) of this section;~~	16481

~~(b) If the failure occurs after the first two years of the~~	16482
~~service obligation, three times the amount the board is still~~	16483
~~obligated to repay under division (B)(3) of this section~~.	16484

(C) The contract may include any other terms agreed upon by	16485
the parties~~, including an assignment to the Ohio board of regents~~	16486
~~of the physician's duty to pay the principal and interest of a~~	16487
~~government or other educational loan taken by the physician for~~	16488
~~expenses described in section 3702.75 of the Revised Code. If the~~	16489
~~board assumes the physician's duty to pay a loan, the contract~~	16490
~~shall set forth the total amount of principal and interest to be~~	16491
~~paid, an amortization schedule, and the amount of each payment to~~	16492
~~be made under the schedule~~.	16493

Sec. 3702.75. There is hereby created the physician loan	16494
repayment program. Under the program, the ~~Ohio board of regents~~	16495
department of health, by means of a contract provision under	16496
division (B)(3) of section 3702.74 of the Revised Code, may agree	16497
to repay all or part of the principal and interest of a government	16498
or other educational loan taken by a primary care physician for	16499
the following expenses, so long as the expenses were incurred	16500
while the physician was enrolled in, for up to a maximum of four	16501
years, a medical school or osteopathic medical school in the	16502
United States that was, during the time enrolled, accredited by	16503
the liaison committee on medical education or the American	16504
osteopathic association, or a medical school or osteopathic	16505
medical school located outside the United States that was, during	16506
the time enrolled, acknowledged by the world health organization	16507
and verified by a member state of that organization as operating	16508
within the state's jurisdiction:	16509

(A) Tuition;

16510

(B) Other educational expenses, such as fees, books, and	16511
laboratory expenses, for specific purposes and in amounts	16512
determined to be reasonable by the director of health;	16513

(C) Room and board, in an amount determined reasonable by the	16514
director of health.	16515

NoIn the first and second years, no repayment shall exceed	16516
~~twenty~~twenty-five thousand dollars in ~~any~~each year. In the third	16517
and fourth years, no repayment shall exceed thirty-five thousand	16518
dollars in each year. If, however, a repayment results in an	16519
increase in the primary care physician's federal, state, or local	16520
income tax liability, ~~the Ohio board of regents,~~ at the	16521
physician's request ~~and with the approval of the director of~~	16522
~~health~~, the department may reimburse the physician for the	16523
increased tax liability, regardless of the amount of the repayment	16524
made to the physician in that year.	16525

Not later than the thirty-first day of January each year, the	16526
~~Ohio board of regents~~department shall mail to each physician to	16527
whom or on whose behalf repayment is made under this section a	16528
statement showing the amount ~~of principal and interest~~ repaid by	16529
the ~~board~~department pursuant to the contract in the preceding	16530
year. The statement shall be sent by ordinary mail with address	16531
correction and forwarding requested in the manner prescribed by	16532
the United States postal service.	16533

Sec. 3702.78. The director of health may accept gifts of	16534
money from any source for the implementation and administration of	16535
sections 3702.72 to 3702.77 of the Revised Code. ~~The Ohio board of~~	16536
~~regents may accept gifts of money from any source for~~	16537
~~implementation and administration of the physician loan repayment~~	16538
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	16539

The director shall pay all gifts accepted under this section	16540
into the state treasury, to the credit of the health resource	16541
shortage area fund, which is hereby created~~. The board shall pay~~,	16542
and all ~~gifts accepted under this section, and~~ damages collected	16543
under division (B)(4) of section 3702.74 of the Revised Code, into	16544
the state treasury, to the credit of the physician loan repayment	16545
fund, which is hereby created.	16546

The director shall use the health resource shortage area ~~fund~~	16547
and the physician loan repayment funds for the implementation and	16548
administration of sections 3702.72 to 3702.77 of the Revised Code.	16549
~~The board shall use the physician loan repayment fund for the~~	16550
~~implementation and administration of the physician loan repayment~~	16551
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	16552

Sec. 3702.79. The director of health, in accordance with	16553
Chapter 119. of the Revised Code, shall adopt rules as necessary	16554
to implement and administer sections 3702.71 to 3702.78 of the	16555
Revised Code. In preparing rules, the director shall consult with	16556
~~the Ohio board of regents and~~ the physician loan repayment	16557
advisory board.	16558

Sec. 3702.81. There is hereby created the physician loan	16559
repayment advisory board. The board shall consist of ~~eleven~~ten	16560
members as follows:	16561

(A) The following ~~six~~five members appointed by the governor:	16562
a representative of ~~the department of health, a representative of~~	16563
the Ohio academy of family practice, a representative of the board	16564
of regents, a representative of the Ohio association of community	16565
health centers, a representative of the Ohio state medical	16566
association, and a representative of the Ohio osteopathic	16567
association;	16568

(B) Two members of the house of representatives, one from	16569
each political party, appointed by the speaker of the house of	16570
representatives;	16571

(C) Two members of the senate, one from each political party,	16572
appointed by the president of the senate.	16573

(D) The director of health or an employee of the department	16574
of health designated by the director.	16575

Of the initial appointments made by the governor, three shall	16576
be for terms ending June 30, 1994, and four shall be for terms	16577
ending June 30, 1995. Of the initial appointments made by the	16578
speaker of the house of representatives, one shall be for a term	16579
ending June 30, 1994, and one shall be for a term ending June 30,	16580
1995. Of the initial appointments made by the president of the	16581
senate, one shall be for a term ending June 30, 1994, and one	16582
shall be for a term ending June 30, 1995. Thereafter, terms of	16583
office shall be two years, commencing on the first day of July and	16584
ending on the thirtieth day of June. Each member shall hold office	16585
from the date of appointment until the end of the term for which	16586
the member was appointed, except that a legislative member ceases	16587
to be a member of the board upon ceasing to be a member of the	16588
general assembly.	16589

Vacancies shall be filled in the manner prescribed for the	16590
original appointment. A member appointed to fill a vacancy	16591
occurring prior to the expiration of the term for which the	16592
member's predecessor was appointed shall hold office for the	16593
remainder of that term. A member shall continue in office	16594
subsequent to the expiration of the member's term until a	16595
successor takes office or until sixty days have elapsed, whichever	16596
occurs first. No person shall be appointed to the board for more	16597
than two consecutive terms.	16598

The governor, speaker, or president, or director may remove a	16599
member for whom the governor, speaker, or president, or director	16600
was the appointing authority, for misfeasance, malfeasance, or	16601
willful neglect of duty.	16602

The ~~governor~~board shall designate a member ~~of the board~~ to	16603
serve as chairperson of the board.	16604

The board shall meet at least once annually. The chairperson	16605
shall call special meetings as needed or upon the request of six	16606
members.	16607

Six members of the board constitute a quorum to transact and	16608
vote on all business coming before the board.	16609

Members of the board shall serve without compensation.

16610

The department of health shall provide the board with staff	16611
assistance as requested by the board.	16612

Sec. 3702.85. There is hereby created the dentist loan	16613
repayment program, which shall be administered by the department	16614
of health in cooperation with ~~the board of regents and~~ the dentist	16615
loan repayment advisory board. The program shall provide loan	16616
repayment on behalf of individuals who agree to provide dental	16617
services in areas designated as dental health resource shortage	16618
areas by the director of health pursuant to section 3702.87 of the	16619
Revised Code.	16620

Under the program, the ~~Ohio board~~department of ~~regents~~	16621
health, by means of a contract entered into under section 3702.91	16622
of the Revised Code, may agree to repay all or part of the	16623
principal and interest of a government or other educational loan	16624
taken by an individual for the following expenses incurred while	16625
the individual was enrolled in an accredited dental college or a	16626
dental college located outside of the United States that meets the	16627
standards of section 4715.11 of the Revised Code:	16628

(A) Tuition;

16629

(B) Other educational expenses, such as fees, books, and	16630
laboratory expenses that are for purposes and in amounts	16631
determined reasonable by the director of health;	16632

(C) Room and board, in an amount determined reasonable by the	16633
director of health.	16634

Sec. 3702.86. The director of health, in accordance with	16635
Chapter 119. of the Revised Code, shall adopt rules as necessary	16636
to implement and administer sections 3702.85 to 3702.95 of the	16637
Revised Code. In preparing rules, the director shall consult with	16638
~~the Ohio board of regents and~~ the dentist loan repayment advisory	16639
board.	16640

Sec. 3702.91. (A) An individual who has signed a letter of	16641
intent under section 3702.90 of the Revised Code may enter into a	16642
contract with the director of health ~~and the Ohio board of regents~~	16643
for participation in the dentist loan repayment program. A lending	16644
institution may also be a party to the contract.	16645

(B) The contract shall include all of the following	16646
obligations:	16647

(1) The individual agrees to provide dental services in the	16648
dental health resource shortage area identified in the letter of	16649
intent for at least one year.	16650

(2) When providing dental services in the dental health	16651
resource shortage area, the individual agrees to do all of the	16652
following:	16653

(a) Provide dental services for a minimum of forty hours per	16654
week;	16655

(b) Provide dental services without regard to a patient's	16656
ability to pay;	16657

(c) Meet the conditions prescribed by the "Social Security	16658
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the	16659
department of job and family services for participation in the	16660
medicaid program established under Chapter 5111. of the Revised	16661
Code and enter into a contract with the department to provide	16662
dental services to medicaid recipients.	16663

(3) The ~~Ohio board of regents~~department of health agrees, as	16664
provided in section 3702.85 of the Revised Code, to repay, so long	16665
as the individual performs the service obligation agreed to under	16666
division (B)(1) of this section, all or part of the principal and	16667
interest of a government or other educational loan taken by the	16668
individual for expenses described in section 3702.85 of the	16669
Revised Code up to but not exceeding twenty thousand dollars per	16670
year of service.	16671

(4) The individual agrees to pay the ~~board~~department of	16672
health the following as damages if the individual fails to	16673
complete the service obligation agreed to under division (B)(1) of	16674
this section:	16675

(a) If the failure occurs during the first two years of the	16676
service obligation, three times the total amount the ~~board~~	16677
department has agreed to repay under division (B)(3) of this	16678
section;	16679

(b) If the failure occurs after the first two years of the	16680
service obligation, three times the amount the ~~board~~department is	16681
still obligated to repay under division (B)(3) of this section.	16682

(C) The contract may include any other terms agreed upon by	16683
the parties, including an assignment to the ~~Ohio board of regents~~	16684
department of health of the individual's duty to pay the principal	16685
and interest of a government or other educational loan taken by	16686
the individual for expenses described in section 3702.85 of the	16687
Revised Code. If the ~~board~~department assumes the individual's	16688
duty to pay a loan, the contract shall set forth the total amount	16689
of principal and interest to be paid, an amortization schedule,	16690
and the amount of each payment to be made under the schedule.	16691

(D) Not later than the thirty-first day of January of each	16692
year, the ~~Ohio board of regents~~department of health shall mail to	16693
each individual to whom or on whose behalf repayment is made under	16694
the dentist loan repayment program a statement showing the amount	16695
of principal and interest repaid by the ~~board~~department pursuant	16696
to the contract in the preceding year. The statement shall be sent	16697
by ordinary mail with address correction and forwarding requested	16698
in the manner prescribed by the United States postal service.	16699

Sec. 3702.93. The dentist loan repayment advisory board shall	16700
determine the amounts that will be paid as loan repayments on	16701
behalf of participants in the dentist loan repayment program. No	16702
repayment shall exceed twenty thousand dollars in any year, except	16703
that if a repayment results in an increase in the participant's	16704
federal, state, or local income tax liability, the ~~Ohio board of~~	16705
~~regents~~department of health, at the participant's request and	16706
with the approval of the director of health, may reimburse the	16707
participant for the increased tax liability, regardless of the	16708
amount of the repayment in that year. Total repayment on behalf of	16709
a participant shall not exceed eighty thousand dollars over the	16710
time of participation in the program.	16711

Sec. 3702.95. The director of health may accept gifts of	16712
money from any source for the implementation and administration of	16713
sections 3702.85 to 3702.93 of the Revised Code. ~~The Ohio board of~~	16714
~~regents may accept gifts of money from any source for~~	16715
~~implementation and administration of the dentist loan repayment~~	16716
~~program under sections 3702.85 and 3702.91 of the Revised Code.~~	16717

The director shall pay all gifts accepted under this section	16718
into the state treasury, to the credit of the dental health	16719
resource shortage area fund, which is hereby created~~. The board~~	16720
~~shall pay~~, and all ~~gifts accepted under this section, and~~ damages	16721
collected under division (B)(4) of section 3702.91 of the Revised	16722
Code, into the state treasury, to the credit of the dentist loan	16723
repayment fund, which is hereby created.	16724

The director shall use the dental health resource shortage	16725
area ~~fund~~and dentist loan repayment funds for the implementation	16726
and administration of sections 3702.85 ~~and 3702.87 to 3702.93~~to	16727
3702.95 of the Revised Code. ~~The board shall use the dentist loan~~	16728
~~repayment fund for the implementation and administration of the~~	16729
~~dentist loan repayment program under sections 3702.85 and 3702.91~~	16730
~~of the Revised Code.~~	16731

Sec. 3703.01. (A) Except as otherwise provided in this	16732
section, the division of industrial compliance in the department	16733
of commerce shall do all of the following:	16734

(1) Inspect all nonresidential buildings within the meaning	16735
of section 3781.06 of the Revised Code;	16736

(2) Condemn all unsanitary or defective plumbing that is	16737
found in connection with those places;	16738

(3) Order changes in plumbing necessary to insure the safety	16739
of the public health.	16740

(B)(1)(a) The division of industrial compliance, boards of	16741
health of city and general health districts, and county building	16742
departments shall not inspect plumbing or collect fees for	16743
inspecting plumbing in particular types of buildings in any	16744
municipal corporation that is certified by the board of building	16745
standards under section 3781.10 of the Revised Code to exercise	16746
enforcement authority for plumbing in those types of buildings.	16747

(b) The division shall not inspect plumbing or collect fees	16748
for inspecting plumbing in particular types of buildings in any	16749
health district that employs one or more plumbing inspectors	16750
certified pursuant to division (D) of this section to enforce	16751
Chapters 3781. and 3791. of the Revised Code and the rules adopted	16752
pursuant to those chapters relating to plumbing in those types of	16753
buildings.	16754

(c) The division shall not inspect plumbing or collect fees	16755
for inspecting plumbing in particular types of buildings in any	16756
health district where the county building department is	16757
authorized to inspect those types of buildings pursuant to a	16758
contract described in division (C)(1) of this section.	16759

(d) The division shall not inspect plumbing or collect fees	16760
for inspecting plumbing in particular types of buildings in any	16761
health district where the board of health has entered into a	16762
contract with the board of health of another district to conduct	16763
inspections pursuant to division (C)(2) of this section.	16764

(2) No county building department shall inspect plumbing or	16765
collect fees for inspecting plumbing in any type of building in a	16766
health district unless the department is authorized to inspect	16767
that type of building pursuant to a contract described in division	16768
(C)(1) of this section.	16769

(3) No municipal corporation shall inspect plumbing or	16770
collect fees for inspecting plumbing in types of buildings for	16771
which it is not certified by the board of building standards	16772
under section 3781.10 of the Revised Code to exercise enforcement	16773
authority.	16774

(4) No board of health of a health district shall inspect	16775
plumbing or collect fees for inspecting plumbing in types of	16776
buildings for which it does not have a plumbing inspector	16777
certified pursuant to division (D) of this section.	16778

(C)(1) The board of health of a health district may enter	16779
into a contract with a board of county commissioners to authorize	16780
the county building department to inspect plumbing in buildings	16781
within the health district. The contract may designate that the	16782
department inspect either residential or nonresidential buildings,	16783
as those terms are defined in section 3781.06 of the Revised Code,	16784
or both types of buildings, so long as the department employs or	16785
contracts with a plumbing inspector certified pursuant to	16786
division (D) of this section to inspect the types of buildings	16787
the contract designates. The board of health may enter into a	16788
contract regardless of whether the health district employs any	16789
certified plumbing inspectors to enforce Chapters 3781. and	16790
3791. of the Revised Code.	16791

(2) The board of health of a health district, regardless of	16792
whether it employs any certified plumbing inspectors to enforce	16793
Chapters 3781. and 3791. of the Revised Code, may enter into a	16794
contract with the board of health of another health district to	16795
authorize that board to inspect plumbing in buildings within the	16796
contracting board's district. The contract may designate the	16797
inspection of either residential or nonresidential buildings as	16798
defined in section 3781.06 of the Revised Code, or both types of	16799
buildings, so long as the board that performs the inspections	16800
employs a plumbing inspector certified pursuant to division (D) of	16801
this section to inspect the types of buildings the contract	16802
designates.	16803

(D) The superintendent of industrial compliance shall adopt	16804
rules prescribing minimum qualifications based on education,	16805
training, experience, or demonstrated ability, that the	16806
superintendent shall use in certifying or recertifying plumbing	16807
inspectors to do plumbing inspections for health districts and	16808
county building departments that are authorized to perform	16809
inspections pursuant to a contract under division (C)(1) of this	16810
section, and for continuing education of plumbing inspectors.	16811
Those minimum qualifications shall be related to the types of	16812
buildings for which a person seeks certification.	16813

(E) The superintendent may enter into reciprocal	16814
registration, licensure, or certification agreements with other	16815
states and other agencies of this state relative to plumbing	16816
inspectors if both of the following apply:	16817

(1) The requirements for registration, licensure, or	16818
certification of plumbing inspectors under the laws of the other	16819
state or laws administered by the other agency are substantially	16820
equal to the requirements the superintendent adopts under division	16821
(D) of this section for certifying plumbing inspectors.	16822

(2) The other state or agency extends similar reciprocity to	16823
persons certified under this chapter.	16824

(F) The superintendent may select and contract with one or	16825
more persons to do all of the following regarding examinations for	16826
certification of plumbing inspectors:	16827

(1) Prepare, administer, score, and maintain the	16828
confidentiality of the examination;	16829

(2) Maintain responsibility for all expenses required to	16830
comply with division (F)(1) of this section;	16831

(3) Charge each applicant a fee for administering the	16832
examination in an amount the superintendent authorizes;	16833

(4) Design the examination for certification of plumbing	16834
inspectors to determine an applicant's competence to inspect	16835
plumbing.	16836

(G) Standards and methods prescribed in local plumbing	16837
regulations shall not be less than those prescribed in Chapters	16838
3781. and 3791. of the Revised Code and the rules adopted pursuant	16839
to those chapters.	16840

(H) Notwithstanding any other provision of this section, the	16841
division shall make a plumbing inspection of any building or	16842
other place that there is reason to believe is in a condition to	16843
be a menace to the public health.	16844

Sec. 3734.821. ~~Beginning on the effective date of this~~	16845
~~section~~Beginning on the effective date of this amendment and	16846
ending on June 30, 2011, at least sixty-five per cent of the	16847
moneys collected under division (A)(2) of section 3734.901 of the	16848
Revised Code and deposited in the state treasury to the credit of	16849
the scrap tire management fund created in section 3734.82 of the	16850
Revised Code shall be expended for clean-up and removal activities	16851
at the ~~Kirby~~Goss tire site in ~~Wyandot~~Muskingum county or other	16852
tire sites in the state.	16853

Sec. 3735.67. (A) The owner of real property located in a	16854
community reinvestment area and eligible for exemption from	16855
taxation under a resolution adopted pursuant to section 3735.66 of	16856
the Revised Code may file an application for an exemption from	16857
real property taxation of a percentage of the assessed valuation	16858
of a new structure or remodeling, completed after the effective	16859
date of the resolution adopted pursuant to section 3735.66 of the	16860
Revised Code, with the housing officer designated pursuant to	16861
section 3735.66 of the Revised Code for the community reinvestment	16862
area in which the property is located. If any part of the new	16863
structure or remodeling that would be exempted is of real property	16864
to be used for commercial or industrial purposes, the legislative	16865
authority and the owner of the property shall enter into a written	16866
agreement pursuant to section 3735.671 of the Revised Code prior	16867
to commencement of construction or remodeling; if such an	16868
agreement is subject to approval by the board of education of the	16869
school district within the territory of which the property is or	16870
will be located, the agreement shall not be formally approved by	16871
the legislative authority until the board of education approves	16872
the agreement in the manner prescribed by that section.	16873

(B) The housing officer shall verify the construction of the	16874
new structure or the cost of the remodeling and the facts asserted	16875
in the application. The housing officer shall determine whether	16876
the construction or the cost of the remodeling meets the	16877
requirements for an exemption under this section. In cases	16878
involving a structure of historical or architectural significance,	16879
the housing officer shall not determine whether the remodeling	16880
meets the requirements for a tax exemption unless the	16881
appropriateness of the remodeling has been certified, in writing,	16882
by the society, association, agency, or legislative authority that	16883
has designated the structure or by any organization or person	16884
authorized, in writing, by such society, association, agency, or	16885
legislative authority to certify the appropriateness of the	16886
remodeling.	16887

(C) If the construction or remodeling meets the requirements	16888
for exemption, the housing officer shall forward the application	16889
to the county auditor with a certification as to the division of	16890
this section under which the exemption is granted, and the period	16891
and percentage of the exemption as determined by the legislative	16892
authority pursuant to that division. If the construction or	16893
remodeling is of commercial or industrial property and the	16894
legislative authority is not required to certify a copy of a	16895
resolution under section 3735.671 of the Revised Code, the housing	16896
officer shall comply with the notice requirements prescribed under	16897
section 5709.83 of the Revised Code, unless the board has adopted	16898
a resolution under that section waiving its right to receive such	16899
a notice.	16900

(D) Except as provided in division (F) of this section, the	16901
tax exemption shall first apply in the year the construction or	16902
remodeling would first be taxable but for this section. In the	16903
case of remodeling that qualifies for exemption, a percentage, not	16904
to exceed one hundred per cent, of the amount by which the	16905
remodeling increased the assessed value of the structure shall be	16906
exempted from real property taxation. In the case of construction	16907
of a structure that qualifies for exemption, a percentage, not to	16908
exceed one hundred per cent, of the assessed value of the	16909
structure shall be exempted from real property taxation. In either	16910
case, the percentage shall be the percentage set forth in the	16911
agreement if the structure or remodeling is to be used for	16912
commercial or industrial purposes, or the percentage set forth in	16913
the resolution describing the community reinvestment area if the	16914
structure or remodeling is to be used for residential purposes.	16915

The construction of new structures and the remodeling of	16916
existing structures are hereby declared to be a public purpose for	16917
which exemptions from real property taxation may be granted for	16918
the following periods:	16919

(1) For every dwelling containing not more than two family	16920
units located within the same community reinvestment area and upon	16921
which the cost of remodeling is at least two thousand five hundred	16922
dollars, a period to be determined by the legislative authority	16923
adopting the resolution describing the community reinvestment area	16924
where the dwelling is located, but not exceeding ten years unless	16925
extended pursuant to division (D)(3) of this section;	16926

(2) For every dwelling containing more than two units and	16927
commercial or industrial properties, located within the same	16928
community reinvestment area, upon which the cost of remodeling is	16929
at least five thousand dollars, a period to be determined by the	16930
legislative authority adopting the resolution, but not exceeding	16931
twelve years unless extended pursuant to division (D)(3) of this	16932
section;	16933

(3) The period of exemption for a dwelling described in	16934
division (D)(1) or (2) of this section may be extended by a	16935
legislative authority for up to an additional ten years if the	16936
dwelling is a structure of historical or architectural	16937
significance, is a certified historic structure that has been	16938
subject to federal tax treatment under 26 U.S.C. 47 and 170(h),	16939
and units within the structure have been leased to individual	16940
tenants for five consecutive years;	16941

(4) Except as provided in division (F) of this section, for	16942
construction of every dwelling, and commercial or industrial	16943
structure located within the same community reinvestment area, a	16944
period to be determined by the legislative authority adopting the	16945
resolution, but not exceeding fifteen years.	16946

(E) Any person, board, or officer authorized by section	16947
5715.19 of the Revised Code to file complaints with the county	16948
board of revision may file a complaint with the housing officer	16949
challenging the continued exemption of any property granted an	16950
exemption under this section. A complaint against exemption shall	16951
be filed prior to the thirty-first day of December of the tax year	16952
for which taxation of the property is requested. The housing	16953
officer shall determine whether the property continues to meet the	16954
requirements for exemption and shall certify the housing officer's	16955
findings to the complainant. If the housing officer determines	16956
that the property does not meet the requirements for exemption,	16957
the housing officer shall notify the county auditor, who shall	16958
correct the tax list and duplicate accordingly.	16959

(F) The owner of a dwelling constructed in a community	16960
reinvestment area may file an application for an exemption after	16961
the year the construction first became subject to taxation. The	16962
application shall be processed in accordance with the procedures	16963
prescribed under this section and shall be granted if the	16964
construction that is the subject of the application otherwise	16965
meets the requirements for an exemption under this section. If	16966
approved, the exemption sought in the application first applies in	16967
the year the application is filed. An exemption approved pursuant	16968
to this division continues only for those years remaining in the	16969
period described in division (D)~~(3)~~(4) of this section. No	16970
exemption may be claimed for any year in that period that precedes	16971
the year in which the application is filed.	16972

Sec. 3743.02. (A) Any person who wishes to manufacture	16973
fireworks in this state shall submit to the fire marshal an	16974
application for licensure as a manufacturer of fireworks before	16975
the first day of October of each year. The application shall be	16976
submitted prior to the operation of a fireworks plant, shall be on	16977
a form prescribed by the fire marshal, shall contain all	16978
information required by this section or requested by the fire	16979
marshal, and shall be accompanied by the license fee,	16980
fingerprints, and proof of insurance coverage described in	16981
division (B) of this section.	16982

The fire marshal shall prescribe a form for applications for	16983
licensure as a manufacturer of fireworks and make a copy of the	16984
form available, upon request, to persons who seek that licensure.	16985

(B) An applicant for licensure as a manufacturer of fireworks	16986
shall submit with the application all of the following:	16987

(1) A license fee of two thousand seven hundred fifty	16988
dollars, which the fire marshal shall use to pay for fireworks	16989
safety education, training programs, and inspections. If the	16990
applicant has any storage locations approved in accordance with	16991
division (I) of section 3743.04 of the Revised Code, the applicant	16992
also shall submit a fee of one hundred dollars per storage	16993
location for the inspection of each storage location.	16994

(2) Proof of comprehensive general liability insurance	16995
coverage, specifically including fire and smoke casualty on	16996
premises and products, in an amount not less than one million	16997
dollars for each occurrence for bodily injury liability and	16998
wrongful death liability at the fireworks plant. All applicants	16999
shall submit evidence of comprehensive general liability insurance	17000
coverage verified by the insurer and certified as to its provision	17001
of the minimum coverage required under this division.	17002

(3) One ~~complete~~ set of the applicant's fingerprints or	17003
similar identifying information and a ~~complete~~ set of fingerprints	17004
or similar identifying information of any individual holding,	17005
owning, or controlling a five per cent or greater beneficial or	17006
equity interest in the applicant for the license. The fire marshal	17007
may adopt rules in accordance with Chapter 119. of the Revised	17008
Code specifying the method to be used by the applicant to provide	17009
the fingerprint or similar identifying information, fees to be	17010
assessed by the fire marshal to conduct such background checks,	17011
and the procedures to be used by the fire marshal to verify	17012
compliance with this section. Such rules may include provisions	17013
establishing the frequency that license renewal applicants must	17014
update background check information filed by the applicant with	17015
previous license applications and provisions describing	17016
alternative forms of background check information that may be	17017
accepted by the fire marshal to verify compliance with this	17018
section.	17019

(C) A separate application for licensure as a manufacturer of	17020
fireworks shall be submitted for each fireworks plant that a	17021
person wishes to operate in this state.	17022

(D) If an applicant intends to include the processing of	17023
fireworks as any part of its proposed manufacturing of fireworks,	17024
a statement indicating that intent shall be included in its	17025
application for licensure.	17026

Sec. 3743.04. (A) The license of a manufacturer of fireworks	17027
is effective for one year beginning on the first day of December.	17028
The fire marshal shall issue or renew a license only on that date	17029
and at no other time. If a manufacturer of fireworks wishes to	17030
continue manufacturing fireworks at the designated fireworks plant	17031
after its then effective license expires, it shall apply no later	17032
than the first day of October for a new license pursuant to	17033
section 3743.02 of the Revised Code. The fire marshal shall send a	17034
written notice of the expiration of its license to a licensed	17035
manufacturer at least three months before the expiration date.	17036

(B) If, during the effective period of its licensure, a	17037
licensed manufacturer of fireworks wishes to construct, locate, or	17038
relocate any buildings or other structures on the premises of its	17039
fireworks plant, to make any structural change or renovation in	17040
any building or other structure on the premises of its fireworks	17041
plant, or to change the nature of its manufacturing of fireworks	17042
so as to include the processing of fireworks, the manufacturer	17043
shall notify the fire marshal in writing. The fire marshal may	17044
require a licensed manufacturer also to submit documentation,	17045
including, but not limited to, plans covering the proposed	17046
construction, location, relocation, structural change or	17047
renovation, or change in manufacturing of fireworks, if the fire	17048
marshal determines the documentation is necessary for evaluation	17049
purposes in light of the proposed construction, location,	17050
relocation, structural change or renovation, or change in	17051
manufacturing of fireworks.	17052

Upon receipt of the notification and additional documentation	17053
required by the fire marshal, the fire marshal shall inspect the	17054
premises of the fireworks plant to determine if the proposed	17055
construction, location, relocation, structural change or	17056
renovation, or change in manufacturing of fireworks conforms to	17057
sections 3743.02 to 3743.08 of the Revised Code and the rules	17058
adopted by the fire marshal pursuant to section 3743.05 of the	17059
Revised Code. The fire marshal shall issue a written authorization	17060
to the manufacturer for the construction, location, relocation,	17061
structural change or renovation, or change in manufacturing of	17062
fireworks if the fire marshal determines, upon the inspection and	17063
a review of submitted documentation, that the construction,	17064
location, relocation, structural change or renovation, or change	17065
in manufacturing of fireworks conforms to those sections and	17066
rules. Upon authorizing a change in manufacturing of fireworks to	17067
include the processing of fireworks, the fire marshal shall make	17068
notations on the manufacturer's license and in the list of	17069
licensed manufacturers in accordance with section 3743.03 of the	17070
Revised Code.	17071

On or before June 1, 1998, a licensed manufacturer shall	17072
install, in every licensed building in which fireworks are	17073
manufactured, stored, or displayed and to which the public has	17074
access, interlinked fire detection, smoke exhaust, and smoke	17075
evacuation systems that are approved by the superintendent of the	17076
division of industrial compliance, and shall comply with floor	17077
plans showing occupancy load limits and internal circulation and	17078
egress patterns that are approved by the fire marshal and	17079
superintendent, and that are submitted under seal as required by	17080
section 3791.04 of the Revised Code. Notwithstanding section	17081
3743.59 of the Revised Code, the construction and safety	17082
requirements established in this division are not subject to any	17083
variance, waiver, or exclusion.	17084

(C) The license of a manufacturer of fireworks authorizes the	17085
manufacturer to engage only in the following activities:	17086

(1) The manufacturing of fireworks on the premises of the	17087
fireworks plant as described in the application for licensure or	17088
in the notification submitted under division (B) of this section,	17089
except that a licensed manufacturer shall not engage in the	17090
processing of fireworks unless authorized to do so by its license.	17091

(2) To possess for sale at wholesale and sell at wholesale	17092
the fireworks manufactured by the manufacturer, to persons who are	17093
licensed wholesalers of fireworks, to out-of-state residents in	17094
accordance with section 3743.44 of the Revised Code, to residents	17095
of this state in accordance with section 3743.45 of the Revised	17096
Code, or to persons located in another state provided the	17097
fireworks are shipped directly out of this state to them by the	17098
manufacturer. A person who is licensed as a manufacturer of	17099
fireworks on June 14, 1988, also may possess for sale and sell	17100
pursuant to division (C)(2) of this section fireworks other than	17101
those the person manufactures. The possession for sale shall be on	17102
the premises of the fireworks plant described in the application	17103
for licensure or in the notification submitted under division (B)	17104
of this section, and the sale shall be from the inside of a	17105
licensed building and from no other structure or device outside a	17106
licensed building. At no time shall a licensed manufacturer sell	17107
any class of fireworks outside a licensed building.	17108

(3) Possess for sale at retail and sell at retail the	17109
fireworks manufactured by the manufacturer, other than 1.4G	17110
fireworks as designated by the fire marshal in rules adopted	17111
pursuant to division (A) of section 3743.05 of the Revised Code,	17112
to licensed exhibitors in accordance with sections 3743.50 to	17113
3743.55 of the Revised Code, and possess for sale at retail and	17114
sell at retail the fireworks manufactured by the manufacturer,	17115
including 1.4G fireworks, to out-of-state residents in accordance	17116
with section 3743.44 of the Revised Code, to residents of this	17117
state in accordance with section 3743.45 of the Revised Code, or	17118
to persons located in another state provided the fireworks are	17119
shipped directly out of this state to them by the manufacturer. A	17120
person who is licensed as a manufacturer of fireworks on June 14,	17121
1988, may also possess for sale and sell pursuant to division	17122
(C)(3) of this section fireworks other than those the person	17123
manufactures. The possession for sale shall be on the premises of	17124
the fireworks plant described in the application for licensure or	17125
in the notification submitted under division (B) of this section,	17126
and the sale shall be from the inside of a licensed building and	17127
from no other structure or device outside a licensed building. At	17128
no time shall a licensed manufacturer sell any class of fireworks	17129
outside a licensed building.	17130

A licensed manufacturer of fireworks shall sell under	17131
division (C) of this section only fireworks that meet the	17132
standards set by the consumer product safety commission or by the	17133
American fireworks standard laboratories or that have received an	17134
EX number from the United States department of transportation.	17135

(D) The license of a manufacturer of fireworks shall be	17136
protected under glass and posted in a conspicuous place on the	17137
premises of the fireworks plant. Except as otherwise provided in	17138
this division, the license is not transferable or assignable. A	17139
license may be transferred to another person for the same	17140
fireworks plant for which the license was issued if the assets of	17141
the plant are transferred to that person by inheritance or by a	17142
sale approved by the fire marshal. The license is subject to	17143
revocation in accordance with section 3743.08 of the Revised Code.	17144

(E) The fire marshal shall not place the license of a	17145
manufacturer of fireworks in a temporarily inactive status while	17146
the holder of the license is attempting to qualify to retain the	17147
license.	17148

(F) Each licensed manufacturer of fireworks that possesses	17149
fireworks for sale and sells fireworks under division (C) of	17150
section 3743.04 of the Revised Code, or a designee of the	17151
manufacturer, whose identity is provided to the fire marshal by	17152
the manufacturer, annually shall attend a continuing education	17153
program ~~consisting of not less than eight hours of instruction~~.	17154
The fire marshal shall develop the program and the fire marshal or	17155
a person or public agency approved by the fire marshal shall	17156
conduct it. A licensed manufacturer or the manufacturer's designee	17157
who attends a program as required under this division, within one	17158
year after attending the program, shall conduct in-service	17159
training as approved by the fire marshal for other employees of	17160
the licensed manufacturer regarding the information obtained in	17161
the program. A licensed manufacturer shall provide the fire	17162
marshal with notice of the date, time, and place of all in-service	17163
training ~~not less than thirty days prior to an in-service training~~	17164
~~event~~. For any program conducted under this division, the fire	17165
marshal shall, in accordance with rules adopted by the fire	17166
marshal under Chapter 119. of the Revised Code, establish the	17167
subjects to be taught, the length of classes, the standards for	17168
approval, and time periods for notification by the licensee to the	17169
state fire marshal of any in-service training.	17170

(G) A licensed manufacturer shall maintain comprehensive	17171
general liability insurance coverage in the amount and type	17172
specified under division (B)(2) of section 3743.02 of the Revised	17173
Code at all times. Each policy of insurance required under this	17174
division shall contain a provision requiring the insurer to give	17175
not less than fifteen days' prior written notice to the fire	17176
marshal before termination, lapse, or cancellation of the policy,	17177
or any change in the policy that reduces the coverage below the	17178
minimum required under this division. Prior to canceling or	17179
reducing the amount of coverage of any comprehensive general	17180
liability insurance coverage required under this division, a	17181
licensed manufacturer shall secure supplemental insurance in an	17182
amount and type that satisfies the requirements of this division	17183
so that no lapse in coverage occurs at any time. A licensed	17184
manufacturer who secures supplemental insurance shall file	17185
evidence of the supplemental insurance with the fire marshal prior	17186
to canceling or reducing the amount of coverage of any	17187
comprehensive general liability insurance coverage required under	17188
this division.	17189

(H) The fire marshal shall adopt rules for the expansion or	17190
contraction of a licensed premises and for approval of such	17191
expansions or contractions. The boundaries of a licensed premises,	17192
including any geographic expansion or contraction of those	17193
boundaries, shall be approved by the fire marshal in accordance	17194
with rules the fire marshal adopts. If the licensed premises	17195
consists of more than one parcel of real estate, those parcels	17196
shall be contiguous unless an exception is allowed pursuant to	17197
division (I) of this section.	17198

(I)(1) A licensed manufacturer may expand its licensed	17199
premises within this state to include not more than two storage	17200
locations that are located upon one or more real estate parcels	17201
that are noncontiguous to the licensed premises as that licensed	17202
premises exists on the date a licensee submits an application as	17203
described below, if all of the following apply:	17204

(a) The licensee submits an application to the fire marshal	17205
and an application fee of one hundred dollars per storage location	17206
for which the licensee is requesting approval.	17207

(b) The identity of the holder of the license remains the	17208
same at the storage location.	17209

(c) The storage location has received a valid certificate of	17210
zoning compliance as applicable and a valid certificate of	17211
occupancy for each building or structure at the storage location	17212
issued by the authority having jurisdiction to issue the	17213
certificate for the storage location, and those certificates	17214
permit the distribution and storage of fireworks regulated under	17215
this chapter at the storage location and in the buildings or	17216
structures. The storage location shall be in compliance with all	17217
other applicable federal, state, and local laws and regulations.	17218

(d) Every building or structure located upon the storage	17219
location is separated from occupied residential and nonresidential	17220
buildings or structures, railroads, highways, or any other	17221
buildings or structures on the licensed premises in accordance	17222
with the distances specified in the rules adopted by the fire	17223
marshal pursuant to section 3743.05 of the Revised Code.	17224

(e) Neither the licensee nor any person holding, owning, or	17225
controlling a five per cent or greater beneficial or equity	17226
interest in the licensee has been convicted of or pleaded guilty	17227
to a felony under the laws of this state, any other state, or the	17228
United States, after ~~the effective date of this amendment~~	17229
September 29, 2005.	17230

(f) The fire marshal approves the application for expansion.

17231

(2) The fire marshal shall approve an application for	17232
expansion requested under division (I)(1) of this section if the	17233
fire marshal receives the application fee and proof that the	17234
requirements of divisions (I)(1)(b) to (e) of this section are	17235
satisfied. The storage location shall be considered part of the	17236
original licensed premises and shall use the same distinct number	17237
assigned to the original licensed premises with any additional	17238
designations as the fire marshal deems necessary in accordance	17239
with section 3743.03 of the Revised Code.	17240

(J)(1) A licensee who obtains approval for the use of a	17241
storage location in accordance with division (I) of this section	17242
shall use the storage location exclusively for the following	17243
activities, in accordance with division (C) of this section:	17244

(a) The packaging, assembling, or storing of fireworks, which	17245
shall only occur in buildings,or structures~~, or trailers~~ approved	17246
for such hazardous uses by the building code official having	17247
jurisdiction for the storage location ~~and~~or, for 1.4G fireworks,	17248
in containers or trailers approved for such hazardous uses by the	17249
fire marshal if such containers or trailers are not subject to	17250
regulation by the building code adopted in accordance with Chapter	17251
3781. of the Revised Code. All such storage shall be in accordance	17252
with the rules adopted by the fire marshal under division (G) of	17253
section 3743.05 of the Revised Code for the packaging, assembling,	17254
and storage of fireworks.	17255

(b) Distributing fireworks to other parcels of real estate	17256
located on the manufacturer's licensed premises, to licensed	17257
wholesalers or other licensed manufacturers in this state or to	17258
similarly licensed persons located in another state or country;	17259

(c) Distributing fireworks to a licensed exhibitor of	17260
fireworks pursuant to a properly issued permit in accordance with	17261
section 3743.54 of the Revised Code.	17262

(2) A licensed manufacturer shall not engage in any sales	17263
activity, including the retail sale of fireworks otherwise	17264
permitted under division (C)(2) or (C)(3) of this section, or	17265
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	17266
storage location approved under this section.	17267

(3) A storage location may not be relocated for a minimum	17268
period of five years after the storage location is approved by the	17269
fire marshal in accordance with division (I) of this section.	17270

(K) The licensee shall prohibit public access to the storage	17271
location. The fire marshal shall adopt rules to describe the	17272
acceptable measures a manufacturer shall use to prohibit access to	17273
the storage site.	17274

Sec. 3743.15. (A) Except as provided in division (C) of this	17275
section, any person who wishes to be a wholesaler of fireworks in	17276
this state shall submit to the fire marshal an application for	17277
licensure as a wholesaler of fireworks before the first day of	17278
October of each year. The application shall be submitted prior to	17279
commencement of business operations, shall be on a form prescribed	17280
by the fire marshal, shall contain all information requested by	17281
the fire marshal, and shall be accompanied by the license fee,	17282
fingerprints, and proof of insurance coverage described in	17283
division (B) of this section.	17284

The fire marshal shall prescribe a form for applications for	17285
licensure as a wholesaler of fireworks and make a copy of the form	17286
available, upon request, to persons who seek that licensure.	17287

(B) An applicant for licensure as a wholesaler of fireworks	17288
shall submit with the application all of the following:	17289

(1) A license fee of two thousand seven hundred fifty	17290
dollars, which the fire marshal shall use to pay for fireworks	17291
safety education, training programs, and inspections. If the	17292
applicant has any storage locations approved in accordance with	17293
division (G) of section 3743.17 of the Revised Code, the applicant	17294
also shall submit a fee of one hundred dollars per storage	17295
location for the inspection of each storage location.	17296

(2) Proof of comprehensive general liability insurance	17297
coverage, specifically including fire and smoke casualty on	17298
premises, in an amount not less than one million dollars for each	17299
occurrence for bodily injury liability and wrongful death	17300
liability at its business location. Proof of such insurance	17301
coverage shall be submitted together with proof of coverage for	17302
products liability on all inventory located at the business	17303
location. All applicants shall submit evidence of comprehensive	17304
general liability insurance coverage verified by the insurer and	17305
certified as to its provision of the minimum coverage required	17306
under this division.	17307

(3) One ~~complete~~ set of the applicant's fingerprints or	17308
similar identifying information and a ~~complete~~ set of fingerprints	17309
or similar identifying information of any individual holding,	17310
owning, or controlling a five per cent or greater beneficial or	17311
equity interest in the applicant for the license. The fire marshal	17312
may adopt rules in accordance with Chapter 119. of the Revised	17313
Code specifying the method to be used by the applicant to provide	17314
the fingerprint or similar identifying information, fees to be	17315
assessed by the fire marshal to conduct such background checks,	17316
and the procedures to be used by the fire marshal to verify	17317
compliance with this section. Such rules may include provisions	17318
establishing the frequency that license renewal applicants must	17319
update background check information filed by the applicant with	17320
previous license applications and provisions describing	17321
alternative forms of background check information that may be	17322
accepted by the fire marshal to verify compliance with this	17323
section.	17324

(C) A licensed manufacturer of fireworks is not required to	17325
apply for and obtain a wholesaler of fireworks license in order to	17326
engage in the wholesale sale of fireworks as authorized by	17327
division (C)(2) of section 3743.04 of the Revised Code. A business	17328
which is not a licensed manufacturer of fireworks may engage in	17329
the wholesale and retail sale of fireworks in the same manner as a	17330
licensed manufacturer of fireworks is authorized to do under this	17331
chapter without the necessity of applying for and obtaining a	17332
license pursuant to this section, but only if the business sells	17333
the fireworks on the premises of a fireworks plant covered by a	17334
license issued under section 3743.03 of the Revised Code and the	17335
holder of that license owns at least a majority interest in that	17336
business. However, if a licensed manufacturer of fireworks wishes	17337
to engage in the wholesale sale of fireworks in this state at a	17338
location other than the premises of the fireworks plant described	17339
in its application for licensure as a manufacturer or in a	17340
notification submitted under division (B) of section 3743.04 of	17341
the Revised Code, the manufacturer shall first apply for and	17342
obtain a wholesaler of fireworks license before engaging in	17343
wholesale sales of fireworks at the other location.	17344

(D) A separate application for licensure as a wholesaler of	17345
fireworks shall be submitted for each location at which a person	17346
wishes to engage in wholesale sales of fireworks.	17347

Sec. 3743.17. (A) The license of a wholesaler of fireworks	17348
is effective for one year beginning on the first day of December.	17349
The fire marshal shall issue or renew a license only on that date	17350
and at no other time. If a wholesaler of fireworks wishes to	17351
continue engaging in the wholesale sale of fireworks at the	17352
particular location after its then effective license expires, it	17353
shall apply not later than the first day of October for a new	17354
license pursuant to section 3743.15 of the Revised Code. The fire	17355
marshal shall send a written notice of the expiration of its	17356
license to a licensed wholesaler at least three months before the	17357
expiration date.	17358

(B) If, during the effective period of its licensure, a	17359
licensed wholesaler of fireworks wishes to perform any	17360
construction, or make any structural change or renovation, on the	17361
premises on which the fireworks are sold, the wholesaler shall	17362
notify the fire marshal in writing. The fire marshal may require a	17363
licensed wholesaler also to submit documentation, including, but	17364
not limited to, plans covering the proposed construction or	17365
structural change or renovation, if the fire marshal determines	17366
the documentation is necessary for evaluation purposes in light of	17367
the proposed construction or structural change or renovation.	17368

Upon receipt of the notification and additional documentation	17369
required by the fire marshal, the fire marshal shall inspect the	17370
premises on which the fireworks are sold to determine if the	17371
proposed construction or structural change or renovation conforms	17372
to sections 3743.15 to 3743.21 of the Revised Code and the rules	17373
adopted by the fire marshal pursuant to section 3743.18 of the	17374
Revised Code. The fire marshal shall issue a written authorization	17375
to the wholesaler for the construction or structural change or	17376
renovation if the fire marshal determines, upon the inspection and	17377
a review of submitted documentation, that the construction or	17378
structural change or renovation conforms to those sections and	17379
rules.	17380

(C) The license of a wholesaler of fireworks authorizes the	17381
wholesaler to engage only in the following activities:	17382

(1) Possess for sale at wholesale and sell at wholesale	17383
fireworks to persons who are licensed wholesalers of fireworks, to	17384
out-of-state residents in accordance with section 3743.44 of the	17385
Revised Code, to residents of this state in accordance with	17386
section 3743.45 of the Revised Code, or to persons located in	17387
another state provided the fireworks are shipped directly out of	17388
this state to them by the wholesaler. The possession for sale	17389
shall be at the location described in the application for	17390
licensure or in the notification submitted under division (B) of	17391
this section, and the sale shall be from the inside of a licensed	17392
building and from no structure or device outside a licensed	17393
building. At no time shall a licensed wholesaler sell any class of	17394
fireworks outside a licensed building.	17395

(2) Possess for sale at retail and sell at retail fireworks,	17396
other than 1.4G fireworks as designated by the fire marshal in	17397
rules adopted pursuant to division (A) of section 3743.05 of the	17398
Revised Code, to licensed exhibitors in accordance with sections	17399
3743.50 to 3743.55 of the Revised Code, and possess for sale at	17400
retail and sell at retail fireworks, including 1.4G fireworks, to	17401
out-of-state residents in accordance with section 3743.44 of the	17402
Revised Code, to residents of this state in accordance with	17403
section 3743.45 of the Revised Code, or to persons located in	17404
another state provided the fireworks are shipped directly out of	17405
this state to them by the wholesaler. The possession for sale	17406
shall be at the location described in the application for	17407
licensure or in the notification submitted under division (B) of	17408
this section, and the sale shall be from the inside of the	17409
licensed building and from no other structure or device outside	17410
this licensed building. At no time shall a licensed wholesaler	17411
sell any class of fireworks outside a licensed building.	17412

A licensed wholesaler of fireworks shall sell under division	17413
(C) of this section only fireworks that meet the standards set by	17414
the consumer product safety commission or by the American	17415
fireworks standard laboratories or that have received an EX number	17416
from the United States department of transportation.	17417

(D) The license of a wholesaler of fireworks shall be	17418
protected under glass and posted in a conspicuous place at the	17419
location described in the application for licensure or in the	17420
notification submitted under division (B) of this section. Except	17421
as otherwise provided in this section, the license is not	17422
transferable or assignable. A license may be transferred to	17423
another person for the same location for which the license was	17424
issued if the assets of the wholesaler are transferred to that	17425
person by inheritance or by a sale approved by the fire marshal.	17426
The license is subject to revocation in accordance with section	17427
3743.21 of the Revised Code.	17428

(E) The fire marshal shall adopt rules for the expansion or	17429
contraction of a licensed premises and for the approval of an	17430
expansion or contraction. The boundaries of a licensed premises,	17431
including any geographic expansion or contraction of those	17432
boundaries, shall be approved by the fire marshal in accordance	17433
with rules the fire marshal adopts. If the licensed premises of a	17434
licensed wholesaler from which the wholesaler operates consists of	17435
more than one parcel of real estate, those parcels must be	17436
contiguous, unless an exception is allowed pursuant to division	17437
(G) of this section.	17438

(F)(1) Upon application by a licensed wholesaler of	17439
fireworks, a wholesaler license may be transferred from one	17440
geographic location to another within the same municipal	17441
corporation or within the unincorporated area of the same	17442
township, but only if all of the following apply:	17443

(a) The identity of the holder of the license remains the	17444
same in the new location.	17445

(b) The former location is closed prior to the opening of the	17446
new location and no fireworks business of any kind is conducted at	17447
the former location after the transfer of the license.	17448

(c) The new location has received a local certificate of	17449
zoning compliance and a local certificate of occupancy, and	17450
otherwise is in compliance with all local building regulations.	17451

(d) ~~The transfer of the license is requested by the licensee~~	17452
~~because the existing facility poses an immediate hazard to the~~	17453
~~public.~~	17454

~~(e)~~ Every building or structure at the new location is	17455
separated from occupied residential and nonresidential buildings	17456
or structures, railroads, highways, or any other buildings or	17457
structures located on the licensed premises in accordance with the	17458
distances specified in the rules adopted by the fire marshal	17459
pursuant to section 3743.18 of the Revised Code. If the licensee	17460
fails to comply with the requirements of division (F)(1)~~(e)~~(d) of	17461
this section by the licensee's own act, the license at the new	17462
location is forfeited.	17463

~~(f)~~(e) Neither the licensee nor any person holding, owning,	17464
or controlling a five per cent or greater beneficial or equity	17465
interest in the licensee has been convicted of or has pleaded	17466
guilty to a felony under the laws of this state, any other state,	17467
or the United States after June 30, 1997.	17468

~~(g)~~(f) The fire marshal approves the request for the	17469
transfer.	17470

(2) The new location shall comply with the requirements	17471
specified in divisions ~~(A)~~(C)(1) and (2) of section 3743.25 of the	17472
Revised Code whether or not the fireworks showroom at the new	17473
location is constructed, expanded, or first begins operating on	17474
and after June 30, 1997.	17475

(G)(1) A licensed wholesaler may expand its licensed premises	17476
within this state to include not more than two storage locations	17477
that are located upon one or more real estate parcels that are	17478
noncontiguous to the licensed premises as that licensed premises	17479
exists on the date a licensee submits an application as described	17480
below, if all of the following apply:	17481

(a) The licensee submits an application to the fire marshal	17482
requesting the expansion and an application fee of one hundred	17483
dollars per storage location for which the licensee is requesting	17484
approval.	17485

(b) The identity of the holder of the license remains the	17486
same at the storage location.	17487

(c) The storage location has received a valid certificate of	17488
zoning compliance, as applicable, and a valid certificate of	17489
occupancy for each building or structure at the storage location	17490
issued by the authority having jurisdiction to issue the	17491
certificate for the storage location, and those certificates	17492
permit the distribution and storage of fireworks regulated under	17493
this chapter at the storage location and in the buildings or	17494
structures. The storage location shall be in compliance with all	17495
other applicable federal, state, and local laws and regulations.	17496

(d) Every building or structure located upon the storage	17497
location is separated from occupied residential and nonresidential	17498
buildings or structures, railroads, highways, and any other	17499
buildings or structures on the licensed premises in accordance	17500
with the distances specified in the rules adopted by the fire	17501
marshal pursuant to section 3743.18 of the Revised Code.	17502

(e) Neither the licensee nor any person holding, owning, or	17503
controlling a five per cent or greater beneficial or equity	17504
interest in the licensee has been convicted of or pleaded guilty	17505
to a felony under the laws of this state, any other state, or the	17506
United States, after ~~the effective date of this amendment~~	17507
September 29, 2005.	17508

(f) The fire marshal approves the application for expansion.

17509

(2) The fire marshal shall approve an application for	17510
expansion requested under division (G)(1) of this section if the	17511
fire marshal receives the application fee and proof that the	17512
requirements of divisions (G)(1)(b) to (e) of this section are	17513
satisfied. The storage location shall be considered part of the	17514
original licensed premises and shall use the same distinct number	17515
assigned to the original licensed premises with any additional	17516
designations as the fire marshal deems necessary in accordance	17517
with section 3743.16 of the Revised Code.	17518

(H)(1) A licensee who obtains approval for use of a storage	17519
location in accordance with division (G) of this section shall use	17520
the site exclusively for the following activities, in accordance	17521
with division (C)(1) of this section:	17522

(a) Packaging, assembling, or storing fireworks, which shall	17523
occur only in buildings or structures approved for such hazardous	17524
uses by the building code official having jurisdiction for the	17525
storage location ~~and~~or, for 1.4G fireworks, in containers or	17526
trailers approved for such hazardous uses by the fire marshal if	17527
such containers or trailers are not subject to regulation by the	17528
building code adopted in accordance with Chapter 3781. of the	17529
Revised Code. All such storage shall be in accordance with the	17530
rules adopted by the fire marshal under division (B)(4) of section	17531
3743.18 of the Revised Code for the packaging, assembling, and	17532
storage of fireworks.	17533

(b) Distributing fireworks to other parcels of real estate	17534
located on the wholesaler's licensed premises, to licensed	17535
manufacturers or other licensed wholesalers in this state or to	17536
similarly licensed persons located in another state or country;	17537

(c) Distributing fireworks to a licensed exhibitor of	17538
fireworks pursuant to a properly issued permit in accordance with	17539
section 3743.54 of the Revised Code.	17540

(2) A licensed wholesaler shall not engage in any sales	17541
activity, including the retail sale of fireworks otherwise	17542
permitted under division (C)(2) of this section or pursuant to	17543
section 3743.44 or 3743.45 of the Revised Code, at a storage	17544
location approved under this section.	17545

(3) A storage location may not be relocated for a minimum	17546
period of five years after the storage location is approved by the	17547
fire marshal in accordance with division (G) of this section.	17548

(I) A licensee shall prohibit public access to all storage	17549
locations it uses. The fire marshal shall adopt rules establishing	17550
acceptable measures a wholesaler shall use to prohibit access to	17551
storage sites.	17552

(J) The fire marshal shall not place the license of a	17553
wholesaler of fireworks in temporarily inactive status while the	17554
holder of the license is attempting to qualify to retain the	17555
license.	17556

(K) Each licensed wholesaler of fireworks or a designee of	17557
the wholesaler, whose identity is provided to the fire marshal by	17558
the wholesaler, annually shall attend a continuing education	17559
program ~~consisting of not less than eight hours of instruction~~.	17560
The fire marshal shall develop the program and the fire marshal or	17561
a person or public agency approved by the fire marshal shall	17562
conduct it. A licensed wholesaler or the wholesaler's designee who	17563
attends a program as required under this division, within one year	17564
after attending the program, shall conduct in-service training as	17565
approved by the fire marshal for other employees of the licensed	17566
wholesaler regarding the information obtained in the program. A	17567
licensed wholesaler shall provide the fire marshal with notice of	17568
the date, time, and place of all in-service training ~~not less than~~	17569
~~thirty days prior to an in-service training event~~. For any program	17570
conducted under this division, the fire marshal shall, in	17571
accordance with rules adopted by the fire marshal under Chapter	17572
119. of the Revised Code, establish the subjects to be taught, the	17573
length of classes, the standards for approval, and time periods	17574
for notification by the licensee to the state fire marshal of any	17575
in-service training.	17576

(L) A licensed wholesaler shall maintain comprehensive	17577
general liability insurance coverage in the amount and type	17578
specified under division (B)(2) of section 3743.15 of the Revised	17579
Code at all times. Each policy of insurance required under this	17580
division shall contain a provision requiring the insurer to give	17581
not less than fifteen days' prior written notice to the fire	17582
marshal before termination, lapse, or cancellation of the policy,	17583
or any change in the policy that reduces the coverage below the	17584
minimum required under this division. Prior to canceling or	17585
reducing the amount of coverage of any comprehensive general	17586
liability insurance coverage required under this division, a	17587
licensed wholesaler shall secure supplemental insurance in an	17588
amount and type that satisfies the requirements of this division	17589
so that no lapse in coverage occurs at any time. A licensed	17590
wholesaler who secures supplemental insurance shall file evidence	17591
of the supplemental insurance with the fire marshal prior to	17592
canceling or reducing the amount of coverage of any comprehensive	17593
general liability insurance coverage required under this division.	17594

Sec. 3743.19. In addition to conforming to the rules of the	17595
fire marshal adopted pursuant to section 3743.18 of the Revised	17596
Code, licensed wholesalers of fireworks shall conduct their	17597
business operations in accordance with the following:	17598

(A) A wholesaler shall conduct its business operations from	17599
the location described in its application for licensure or in a	17600
notification submitted under division (B) of section 3743.17 of	17601
the Revised Code.	17602

(B) Signs indicating that smoking is generally forbidden and	17603
trespassing is prohibited on the premises of a wholesaler shall be	17604
posted on the premises as determined by the fire marshal.	17605

(C) Reasonable precautions shall be taken to protect the	17606
premises of a wholesaler from trespass, loss, theft, or	17607
destruction.	17608

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	17609
matches, lighters, other flame-producing items, or open flame on,	17610
or the carrying of a concealed source of ignition into, the	17611
premises of a wholesaler is prohibited, except that a wholesaler	17612
may permit smoking in specified lunchrooms or restrooms in	17613
buildings or other structures in which no sales, handling, or	17614
storage of fireworks takes place. "NO SMOKING" signs shall be	17615
posted on the premises as required by the fire marshal.	17616

(E) Fire and explosion prevention and other reasonable safety	17617
measures and precautions shall be implemented by a wholesaler.	17618

(F) Persons shall not be permitted to have in their	17619
possession or under their control, while they are on the premises	17620
of a wholesaler, any intoxicating liquor, beer, or controlled	17621
substance, and they shall not be permitted to enter or remain on	17622
the premises if they are found to be under the influence of any	17623
intoxicating liquor, beer, or controlled substance.	17624

(G) A wholesaler shall conform to all building, safety, and	17625
zoning statutes, ordinances, rules, or other enactments that apply	17626
to its premises.	17627

(H) Each building used in the sale of fireworks shall be kept	17628
open to the public for at least four hours each day between the	17629
hours of eight a.m. and five p.m., five days of each week, every	17630
week of the year. Upon application from a licensed wholesaler, the	17631
fire marshal may waive any of the requirements of this division.	17632

(I) Awnings, tents, or canopies shall not be used as	17633
facilities for the storage or sale of fireworks. This division	17634
does not prohibit the use of an awning or canopy attached to a	17635
public access showroom for storing nonflammable shopping	17636
convenience items such as shopping carts or baskets or providing a	17637
shaded area for patrons waiting to enter the public sales area.	17638

(J) ~~Fireworks~~1.4G fireworks may be stored in trailers if the	17639
trailers are properly enclosed, secured, and grounded and are	17640
separated from any structure to which the public is admitted by a	17641
distance that will, in the fire marshal's judgment, allow	17642
fire-fighting equipment to have full access to the structures on	17643
the licensed premises. Such trailers may be moved into closer	17644
proximity to any structure only to accept or discharge cargo for a	17645
period not to exceed forty-eight hours. Only two such trailers may	17646
be placed in such closer proximity at any one time. At no time	17647
may trailers be used for conducting sales of any class of	17648
fireworks nor may members of the public have access to the	17649
trailers.	17650

Storage areas for fireworks that are in the same building	17651
where fireworks are displayed and sold to the public shall be	17652
separated from the areas to which the public has access by an	17653
appropriately rated fire wall. If the licensee installs and	17654
properly maintains an early suppression fast response sprinkler	17655
system or equivalent fire suppression system as described in the	17656
fire code adopted by the fire marshal in accordance with section	17657
3737.82 of the Revised Code throughout the structure, a fire	17658
barrier wall may be substituted for a fire wall between the areas	17659
to which the public has access and the storage portions of the	17660
structure.	17661

(K) A fire suppression system as defined in section 3781.108	17662
of the Revised Code may be turned off only for repair, drainage of	17663
the system to prevent damage by freezing during the period of	17664
time, approved by the fire marshal under division (I) of this	17665
section, that the facility is closed to public access during	17666
winter months, or maintenance of the system. If any repair or	17667
maintenance is necessary during times when the facility is open	17668
for public access and business, the licensed wholesaler shall	17669
notify in advance the appropriate insurance company and fire chief	17670
or fire prevention officer regarding the nature of the maintenance	17671
or repair and the time when it will be performed.	17672

(L) If any fireworks item is removed from its original	17673
package or is manufactured with any fuse other than a fuse	17674
approved by the consumer product safety commission, then the item	17675
shall be covered completely by repackaging or bagging or it shall	17676
otherwise be covered so as to prevent ignition prior to sale.	17677

(M) A safety officer shall be present during regular business	17678
hours at a building open to the public during the period	17679
commencing fourteen days before, and ending two days after, each	17680
fourth day of July. The officer shall be highly visible, enforce	17681
this chapter and any applicable building codes to the extent the	17682
officer is authorized by law, and be one of the following:	17683

(1) A deputy sheriff;

17684

(2) A law enforcement officer of a municipal corporation,	17685
township, or township or joint township police district;	17686

(3) A private uniformed security guard registered under	17687
section 4749.06 of the Revised Code.	17688

(N) All doors of all buildings on the licensed premises shall	17689
swing outward.	17690

(O) All wholesale and commercial sales of fireworks shall be	17691
packaged, shipped, placarded, and transported in accordance with	17692
United States department of transportation regulations applicable	17693
to the transportation, and the offering for transportation, of	17694
hazardous materials. For purposes of this division, "wholesale and	17695
commercial sales" includes all sales for resale and any nonretail	17696
sale made in furtherance of a commercial enterprise. For purposes	17697
of enforcement of these regulations under section 4905.83 of the	17698
Revised Code, any sales transaction exceeding one thousand pounds	17699
shall be rebuttably presumed to be a wholesale or commercial sale.	17700

Sec. 3743.25. (A)(1) Except as described in division (A)(2)	17701
of this section, all retail sales of 1.4G fireworks by a licensed	17702
manufacturer or wholesaler shall only occur from an approved	17703
retail sales showroom on a licensed premises or from a	17704
representative sample showroom as described in this section on a	17705
licensed premises. For the purposes of this section, a retail sale	17706
includes the transfer of the possession of the 1.4G fireworks from	17707
the licensed manufacturer or wholesaler to the purchaser of the	17708
fireworks.	17709

(2) Sales of 1.4G fireworks to a licensed exhibitor for a	17710
properly permitted exhibition shall occur in accordance with the	17711
provisions of the Revised Code and rules adopted by the fire	17712
marshal under Chapter 119. of the Revised Code. Such rules shall	17713
specify, at a minimum, that the licensed exhibitor holds a license	17714
under section 3743.51 of the Revised Code, that the exhibitor	17715
possesses a valid exhibition permit issued in accordance with	17716
section 3743.54 of the Revised Code, and that the fireworks	17717
shipped are to be used at the specifically permitted exhibition.	17718

(B) All wholesale sales of fireworks by a licensed	17719
manufacturer or wholesaler shall only occur from a licensed	17720
premises to persons who intend to resell the fireworks purchased	17721
at wholesale. A wholesale sale by a licensed manufacturer or	17722
wholesaler may occur as follows:	17723

(1) The direct sale and shipment of fireworks to a person	17724
outside of this state;	17725

(2) From an approved retail sales showroom as described in	17726
this section;	17727

(3) From a representative sample showroom as described in	17728
this section;	17729

(4) By delivery of wholesale fireworks to a purchaser at a	17730
licensed premises outside of a structure or building on that	17731
premises. All other portions of the wholesale sales transaction	17732
may occur at any location on a licensed premises.	17733

(5) Any other method as described in rules adopted by the	17734
state fire marshal under Chapter 119. of the Revised Code.	17735

(C) A licensed manufacturer,or wholesaler~~, or exhibitor~~	17736
~~shall bring fireworks~~shall only sell 1.4G fireworks from a	17737
representative sample showroom or a retail sales showroom. Each	17738
licensed premises shall only contain one sales structure.	17739

A representative sample showroom shall consist of a structure	17740
constructed and maintained in accordance with the nonresidential	17741
building code adopted under Chapter 3781. of the Revised Code and	17742
the fire code adopted under section 3737.82 of the Revised Code	17743
for a use and occupancy group that permits mercantile sales. A	17744
representative sample showroom shall not contain any pyrotechnics,	17745
pyrotechnic materials, fireworks, explosives, explosive materials,	17746
or any similar hazardous materials or substances. A representative	17747
sample showroom shall be used only for the public viewing of	17748
fireworks product representations, including paper materials,	17749
packaging materials, catalogs, photographs, or other similar	17750
product depictions. The delivery of product to a purchaser of	17751
fireworks at a licensed premises that has a representative sample	17752
structure shall not occur inside any structure on a licensed	17753
premises. Such product delivery shall occur on the licensed	17754
premises in a manner prescribed by rules adopted by the fire	17755
marshal pursuant to Chapter 119. of the Revised Code.	17756

If a manufacturer or wholesaler elects to conduct sales from	17757
a retail sales showroom, the showroom structures, to which the	17758
public may have any access and in which employees are required to	17759
work, on all licensed premises, ~~into compliance~~shall comply with	17760
the following safety requirements:	17761

(1) A fireworks showroom that is constructed or upon which	17762
expansion is undertaken on and after ~~the effective date of this~~	17763
~~section~~June 30, 1997, shall be equipped with interlinked fire	17764
detection, fire suppression, smoke exhaust, and smoke evacuation	17765
systems that are approved by the superintendent of the division of	17766
industrial compliance in the department of commerce.	17767

(2) A fireworks showroom that first begins to operate on or	17768
after ~~the effective date of this section~~June 30, 1997, and to	17769
which the public has access for retail purposes shall not exceed	17770
five thousand square feet in floor area.	17771

(3) A newly constructed or an existing fireworks showroom	17772
structure that exists on the effective date of this ~~section~~	17773
amendment, but that, on or after the effective date of this	17774
~~section~~amendment, is altered or added to in a manner requiring	17775
the submission of plans, drawings, specifications, or data	17776
pursuant to section 3791.04 of the Revised Code, shall comply	17777
with a graphic floor plan layout that is approved by the fire	17778
marshal and superintendent of the division of industrial	17779
compliance showing width of aisles, parallel arrangement of	17780
aisles to exits, number of exits per wall, maximum occupancy load,	17781
evacuation plan for occupants, height of storage or display of	17782
merchandise, and other information as may be required by the fire	17783
marshal and superintendent.	17784

(4)~~(a) Except as provided in division (A)(4)(b) of this~~	17785
~~section, a fireworks showroom structure that exists on the~~	17786
~~effective date of this section shall be retrofitted on or before~~	17787
~~June 1, 1998, with interlinked fire detection, smoke exhaust,~~	17788
~~and smoke evacuation systems that are approved by the~~	17789
~~superintendent of the division of industrial compliance.~~	17790

~~(b) If meeting the retrofitting requirements set forth in~~	17791
~~division (A)(4)(a) of this section would constitute an extreme~~	17792
~~financial hardship that would force a licensee to terminate~~	17793
~~business operations, the licensee shall conduct sales only on the~~	17794
~~basis of defused representative samples in closed and covered~~	17795
~~displays within the fireworks showroom.~~	17796

~~(5)~~ A fireworks showroom structure that exists on ~~the~~	17797
~~effective date of this section~~June 30, 1997, shall be in	17798
compliance on or ~~before June 1, 1998~~after June 30, 1997, with	17799
floor plans showing occupancy load limits and internal	17800
circulation and egress patterns that are approved by the fire	17801
marshal and superintendent of industrial compliance, and that are	17802
submitted under seal as required by section 3791.04 of the	17803
Revised Code.	17804

~~(B)~~(D) The safety requirements established in division ~~(A)~~(C)	17805
of this section are not subject to any variance, waiver, or	17806
exclusion pursuant to this chapter or any applicable building	17807
code.	17808

Sec. 3743.40. (A) Any person who resides in another state	17809
and who intends to ship fireworks into this state shall submit to	17810
the fire marshal an application for a shipping permit. As used in	17811
this section, "fireworks" includes only 1.3G and 1.4G fireworks.	17812
The application shall be submitted prior to shipping fireworks	17813
into this state, shall be on a form prescribed by the fire	17814
marshal, shall contain the information required by division (B) of	17815
this section and all information requested by the fire marshal,	17816
and shall be accompanied by the fee and the documentation	17817
described in division (C) of this section.	17818

The fire marshal shall prescribe a form for applications for	17819
shipping permits and make a copy of the form available, upon	17820
request, to persons who seek such a permit.	17821

(B) In an application for a shipping permit, the applicant	17822
shall specify the types of fireworks to be shipped into this	17823
state.	17824

(C) An application for a shipping permit shall be accompanied	17825
by a fee of two thousand seven hundred fifty dollars.	17826

An application for a shipping permit shall be accompanied by	17827
a certified copy or other copy acceptable to the fire marshal of	17828
the applicant's license or permit issued in the applicant's state	17829
of residence and authorizing the applicant to engage in the	17830
manufacture, wholesale sale, or transportation of fireworks in	17831
that state, if that state issues such a license or permit, and by	17832
a statement by the applicant that the applicant understands and	17833
will abide by rules adopted by the fire marshal pursuant to	17834
section 3743.58 of the Revised Code for transporting fireworks.	17835

(D) Except as otherwise provided in this division, and	17836
subject to section 3743.70 of the Revised Code, the fire marshal	17837
shall issue a shipping permit to an applicant only if the fire	17838
marshal determines that the applicant is a resident of another	17839
state and is the holder of a license or permit issued by that	17840
state authorizing it to engage in the manufacture, wholesale sale,	17841
or transportation of fireworks in that state, and the fire marshal	17842
is satisfied that the application and documentation are complete	17843
and in conformity with this section and that the applicant will	17844
transport fireworks into this state in accordance with rules	17845
adopted by the fire marshal pursuant to section 3743.58 of the	17846
Revised Code. The fire marshal shall issue a shipping permit to an	17847
applicant if the applicant meets all of the requirements of this	17848
section for the issuance of a shipping permit except that the	17849
applicant does not hold a license or permit issued by the state of	17850
residence authorizing the applicant to engage in the manufacture,	17851
wholesale sale, or transportation of fireworks in that state	17852
because that state does not issue such a license or permit.	17853

(E) Each permit issued pursuant to this section shall contain	17854
a distinct number assigned to the particular permit holder, and	17855
contain the information described in division (B) of this section.	17856

The fire marshal shall maintain a list of all persons issued	17857
shipping permits. In this list next to each person's name, the	17858
fire marshal shall insert the date upon which the permit was	17859
issued and the information described in division (B) of this	17860
section.	17861

(F) A shipping permit is valid for one year from the date of	17862
issuance by the fire marshal and only if the permit holder ships	17863
the fireworks directly into this state to the holder of a license	17864
issued under section 3743.03 or 3743.16 of the Revised Code or a	17865
license holder under section 3743.51 of the Revised Code who	17866
possesses a valid exhibition permit issued in accordance with	17867
section 3743.54 of the Revised Code and the fireworks shipped are	17868
to be used at the specifically permitted exhibition. The permit	17869
authorizes the permit holder to ship fireworks, as described in	17870
rules adopted by the fire marshal under Chapter 119. of the	17871
Revised Code, directly to the holder of a license issued under	17872
section 3743.03 or 3743.16 of the Revised Code, and to possess the	17873
fireworks in this state while the permit holder is in the course	17874
of shipping them directly into this state.	17875

The holder of a shipping permit shall have the permit in the	17876
holder's possession in this state at all times while in the course	17877
of shipping the fireworks directly into this state. A shipping	17878
permit is not transferable or assignable.	17879

Sec. 3743.44. (A) Any person who resides in another state	17880
and who intends to obtain possession in this state of fireworks	17881
purchased in this state shall obtain possession of the fireworks	17882
only from a licensed manufacturer or licensed wholesaler and only	17883
possess the fireworks in this state while in the course of	17884
directly transporting them out of this state. No licensed	17885
manufacturer or licensed wholesaler shall sell 1.3G fireworks to a	17886
person who resides in another state unless that person has been	17887
issued a license or permit in the state of the person's residence	17888
that authorizes the person to engage in the manufacture, wholesale	17889
sale, or retail sale of 1.3G fireworks or that authorizes the	17890
person to conduct 1.3G fireworks exhibitions in that state and	17891
that person presents a certified copy of the license. No licensed	17892
manufacturer or licensed wholesaler shall sell fireworks to a	17893
person who resides in another state unless that person has been	17894
issued a license or permit in the state of the person's residence	17895
that authorizes the person to engage in the manufacture, wholesale	17896
sale, or retail sale of fireworks in that state or that authorizes	17897
the person to conduct fireworks exhibitions in that state and that	17898
person presents a certified copy of the license, or, if that	17899
person does not possess a license or permit of that nature, only	17900
if the person presents a current valid motor vehicle operator's	17901
license issued to the person in the person's state of residence,	17902
or, if that person does not possess a motor vehicle operator's	17903
license issued in that state, an identification card issued to the	17904
person by a governmental agency in the person's state of residence	17905
indicating that the person is a resident of that state. If a	17906
person who is required to present a motor vehicle operator's	17907
license or other identification card intends to transport the	17908
fireworks purchased directly out of this state by a motor vehicle	17909
and the person will not also be the operator of that motor vehicle	17910
while so transporting the fireworks, the operator of the motor	17911
vehicle also shall present the operator's motor vehicle operator's	17912
license.	17913

(B) A licensed manufacturer or licensed wholesaler selling	17914
fireworks under this section shall require the purchaser to	17915
complete a purchaser's form. The fire marshal shall prescribe the	17916
form, and the licensed manufacturer or licensed wholesaler shall	17917
furnish the form. On this form the purchaser shall include the	17918
purchaser's name and address; the date of the purchase; ~~the~~	17919
~~destination to which the fireworks will be transported~~a statement	17920
that the purchaser acknowledges that the purchaser is responsible	17921
for any illegal use of the fireworks, including any damages caused	17922
by improper use; the number of the purchaser's license or permit	17923
authorizing the purchaser to manufacture, sell at wholesale, or	17924
sell at retail fireworks or to conduct fireworks exhibitions, or	17925
the number of the purchaser's motor vehicle operator's license or	17926
other identification card, as applicable; such other information	17927
as the fire marshal may require; and the purchaser's signature.	17928
Each purchaser's form shall contain a statement printed in bold	17929
letters indicating that knowingly making a false statement on the	17930
form is falsification under section 2921.13 of the Revised Code	17931
and is a misdemeanor of the first degree.	17932

Each licensed manufacturer and licensed wholesaler shall keep	17933
each purchaser's form for a period of three years after the date	17934
of the purchase, and such forms shall be open to inspection by the	17935
fire marshal or the fire marshal's designated authority.	17936

(C) Each purchaser of fireworks under this section shall	17937
transport the fireworks so purchased directly out of this state	17938
within ~~seventy-two~~forty-eight hours after the time of their	17939
purchase.	17940

This section regulates wholesale sales and retail sales of	17941
fireworks in this state only insofar as purchasers of fireworks	17942
are residents of other states and will be obtaining possession in	17943
this state of purchased fireworks. This section does not prohibit	17944
licensed manufacturers or wholesalers from selling fireworks, in	17945
accordance with section 3743.04 or sections 3743.17 and 3743.25 of	17946
the Revised Code, to a resident of another state and from shipping	17947
the purchased fireworks directly out of this state to the	17948
purchaser.	17949

Sec. 3743.45. (A) Any person who resides in this state and	17950
who intends to obtain possession in this state of 1.4G fireworks	17951
purchased in this state shall obtain possession of the 1.4G	17952
fireworks only from a licensed manufacturer or licensed	17953
wholesaler.	17954

A licensed manufacturer or licensed wholesaler selling 1.4G	17955
fireworks under this division shall require the purchaser to	17956
complete a purchaser's form, which shall be prescribed by the	17957
state fire marshal and furnished by the licensed manufacturer or	17958
licensed wholesaler. On this form the purchaser shall include the	17959
purchaser's name and address,; the date of the purchase~~, the~~	17960
~~destination to which the fireworks will be transported,~~; a	17961
statement that the purchaser acknowledges that the purchaser is	17962
responsible for any illegal use of the fireworks, including any	17963
damages caused by improper use; such other information as the fire	17964
marshal may require,; and the purchaser's signature. Each	17965
purchaser's form shall contain a statement printed in bold letters	17966
indicating that knowingly making a false statement on the form is	17967
falsification under section 2921.13 of the Revised Code and is a	17968
misdemeanor of the first degree.	17969

Each licensed manufacturer and licensed wholesaler shall keep	17970
each purchaser's form for a period of three years after the date	17971
of the purchase, and such forms shall be open to inspection by the	17972
fire marshal or the fire marshal's designated authority.	17973

Each purchaser of 1.4G fireworks under this division shall	17974
transport the fireworks so purchased directly out of this state	17975
within forty-eight hours after the time of their purchase.	17976

This division does not apply to a person who resides in this	17977
state and who is also a licensed manufacturer, licensed	17978
wholesaler, or licensed exhibitor of fireworks in this state.	17979

(B) No licensed manufacturer or licensed wholesaler shall	17980
sell 1.3G fireworks to a person who resides in this state unless	17981
that person is a licensed manufacturer, licensed wholesaler, or	17982
licensed exhibitor of fireworks in this state.	17983

Sec. 3743.54. (A) A licensed exhibitor of fireworks may	17984
acquire fireworks for use at a public fireworks exhibition only	17985
from a licensed manufacturer of fireworks or licensed wholesaler	17986
of fireworks, and only in accordance with the procedures specified	17987
in this section and section 3743.55 of the Revised Code. A	17988
~~licensed exhibitor shall not acquire, for any purpose, 1.4G~~	17989
~~fireworks as designated by the fire marshal in rules adopted~~	17990
~~pursuant to division (A) of section 3743.05 of the Revised Code.~~	17991

(B)(1) A licensed exhibitor of fireworks who wishes to	17992
conduct a public fireworks exhibition shall apply for approval to	17993
conduct the exhibition to whichever of the following persons is	17994
appropriate under the circumstances:	17995

(a) Unless division (B)(1)(c) or (d) of this section applies,	17996
if the exhibition will take place in a municipal corporation, the	17997
approval shall be obtained from the fire chief, and from the	17998
police chief or other similar chief law enforcement officer, or	17999
the designee of the police chief or similar chief law enforcement	18000
officer, of the particular municipal corporation.	18001

(b) Unless division (B)(1)(c) or (d) of this section applies,	18002
if the exhibition will take place in an unincorporated area, the	18003
approval shall be obtained from the fire chief of the particular	18004
township or township fire district, and from the police chief or	18005
other similar chief law enforcement officer, or the designee of	18006
the police chief or similar chief law enforcement officer, of the	18007
particular township or township police district.	18008

(c) If fire protection services for the premises on which the	18009
exhibition will take place are provided in accordance with a	18010
contract between political subdivisions, the approval shall be	18011
obtained from the fire chief of the political subdivision	18012
providing the fire protection services and from the police chief	18013
or other similar chief law enforcement officer, or the designee of	18014
the police chief or similar chief law enforcement officer, of the	18015
political subdivision in which the premises on which the	18016
exhibition will take place are located. If police services for the	18017
premises on which the exhibition will take place are provided in	18018
accordance with a contract between political subdivisions, the	18019
approval shall be obtained from the police chief or other similar	18020
chief law enforcement officer, or the designee of the police chief	18021
or similar chief law enforcement officer, of the political	18022
subdivision providing the police services and from the fire chief	18023
of the political subdivision in which the premises on which the	18024
exhibition will take place are located. If both fire and police	18025
protection services for the premises on which the exhibition will	18026
take place are provided in accordance with a contract between	18027
political subdivisions, the approval shall be obtained from the	18028
fire chief, and from the police chief or other similar chief law	18029
enforcement officer, or the designee of the police chief or	18030
similar chief law enforcement officer, of the political	18031
subdivisions providing the police and fire protection services.	18032

(d) If there is no municipal corporation, township, or	18033
township fire district fire department, no municipal corporation,	18034
township, or township police district police department, and no	18035
contract for police or fire protection services between political	18036
subdivisions covering the premises on which the exhibition will	18037
take place, the approval shall be obtained from the fire	18038
prevention officer, and from the police chief or other similar	18039
chief law enforcement officer, or the designee of the police chief	18040
or other similar chief law enforcement officer, having	18041
jurisdiction over the premises.	18042

(2) The approval required by division (B)(1) of this section	18043
shall be evidenced by the fire chief or fire prevention officer	18044
and by the police chief or other similar chief law enforcement	18045
officer, or the designee of the police chief or other similar	18046
chief law enforcement officer, signing a permit for the	18047
exhibition. The fire marshal shall prescribe the form of	18048
exhibition permits and distribute copies of the form to fire	18049
chiefs, to fire prevention officers, and to police chiefs or other	18050
similar chief law enforcement officers of municipal corporations,	18051
townships, or township police districts, or their designees, in	18052
this state. Any exhibitor of fireworks who wishes to conduct a	18053
public fireworks exhibition may obtain a copy of the form from the	18054
fire marshal or, if it is available, from a fire chief, a fire	18055
prevention officer, a police chief or other similar chief law	18056
enforcement officer of a municipal corporation, township, or	18057
township police district, or a designee of such a police chief or	18058
other similar chief law enforcement officer.	18059

(C) Before a permit is signed and issued to a licensed	18060
exhibitor of fireworks, the fire chief or fire prevention officer,	18061
in consultation with the police chief or other similar chief law	18062
enforcement officer or with the designee of the police chief or	18063
other similar chief law enforcement officer, shall inspect the	18064
premises on which the exhibition will take place and shall	18065
determine that, in fact, the applicant for the permit is a	18066
licensed exhibitor of fireworks. Each applicant shall show the	18067
applicant's license as an exhibitor of fireworks to the fire chief	18068
or fire prevention officer.	18069

The fire chief or fire prevention officer, and the police	18070
chief or other similar chief law enforcement officer, or the	18071
designee of the police chief or other similar chief law	18072
enforcement officer, shall give approval to conduct a public	18073
fireworks exhibition only if satisfied, based on the inspection,	18074
that the premises on which the exhibition will be conducted allow	18075
the exhibitor to comply with the rules adopted by the fire marshal	18076
pursuant to divisions (B) and (E) of section 3743.53 of the	18077
Revised Code and that the applicant is, in fact, a licensed	18078
exhibitor of fireworks. The fire chief or fire prevention officer,	18079
in consultation with the police chief or other similar chief law	18080
enforcement officer or with the designee of the police chief or	18081
other similar chief law enforcement officer, may inspect the	18082
premises immediately prior to the exhibition to determine if the	18083
exhibitor has complied with the rules, and may revoke a permit for	18084
noncompliance with the rules.	18085

(D) If the legislative authorities of their political	18086
subdivisions have prescribed a fee for the issuance of a permit	18087
for a public fireworks exhibition, fire chiefs or fire prevention	18088
officers, and police chiefs, other similar chief law enforcement	18089
officers, or their designee, shall not issue a permit until the	18090
exhibitor pays the requisite fee.	18091

Each exhibitor shall provide an indemnity bond in the amount	18092
of at least one million dollars, with surety satisfactory to the	18093
fire chief or fire prevention officer and to the police chief or	18094
other similar chief law enforcement officer, or the designee of	18095
the police chief or other similar chief law enforcement officer,	18096
conditioned for the payment of all final judgments that may be	18097
rendered against the exhibitor on account of injury, death, or	18098
loss to persons or property emanating from the fireworks	18099
exhibition, or proof of insurance coverage of at least one million	18100
dollars for liability arising from injury, death, or loss to	18101
persons or property emanating from the fireworks exhibition. The	18102
legislative authority of a political subdivision in which a public	18103
fireworks exhibition will take place may require the exhibitor to	18104
provide an indemnity bond or proof of insurance coverage in	18105
amounts greater than those required by this division. Fire chiefs	18106
or fire prevention officers, and police chiefs, other similar	18107
chief law enforcement officers, or their designee, shall not issue	18108
a permit until the exhibitor provides the bond or proof of the	18109
insurance coverage required by this division or by the political	18110
subdivision in which the fireworks exhibition will take place.	18111

(E)(1) Each permit for a fireworks exhibition issued by a	18112
fire chief or fire prevention officer, and by the police chief or	18113
other similar chief law enforcement officer, or the designee of	18114
the police chief or other similar chief law enforcement officer,	18115
shall contain a distinct number, designate the municipal	18116
corporation, township, or township fire or police district of the	18117
fire chief, fire prevention officer, police chief or other similar	18118
chief law enforcement officer, or designee of the police chief or	18119
other similar chief law enforcement officer, and identify the	18120
certified fire safety inspector, fire chief, or fire prevention	18121
officer who will be present before, during, and after the	18122
exhibition, where appropriate. A copy of each permit issued shall	18123
be forwarded by the fire chief or fire prevention officer, and by	18124
the police chief or other similar chief law enforcement officer,	18125
or the designee of the police chief or other similar chief law	18126
enforcement officer, issuing it to the fire marshal, who shall	18127
keep a record of the permits received. A permit is not	18128
transferable or assignable.	18129

(2) Each fire chief, fire prevention officer, police chief or	18130
other similar chief law enforcement officer, and designee of a	18131
police chief or other similar chief law enforcement officer shall	18132
keep a record of issued permits for fireworks exhibitions. In this	18133
list, the fire chief, fire prevention officer, police chief or	18134
other similar chief law enforcement officer, and designee of a	18135
police chief or other similar chief law enforcement officer shall	18136
list the name of the exhibitor, the exhibitor's license number,	18137
the premises on which the exhibition will be conducted, the date	18138
and time of the exhibition, and the number and political	18139
subdivision designation of the permit issued to the exhibitor for	18140
the exhibition.	18141

(F) The governing authority having jurisdiction in the	18142
location where an exhibition is to take place shall require that a	18143
certified fire safety inspector, fire chief, or fire prevention	18144
officer be present before, during, and after the exhibition, and	18145
shall require the certified fire safety inspector, fire chief, or	18146
fire prevention officer to inspect the premises where the	18147
exhibition is to take place and determine whether the exhibition	18148
is in compliance with this chapter.	18149

(G) Notwithstanding any provision of the Revised Code to the	18150
contrary, the state fire marshal is hereby authorized to create	18151
additional license categories for fireworks exhibitors and to	18152
create additional permit requirements for fireworks exhibitions	18153
for the indoor use of fireworks and other uses of pyrotechnics,	18154
including the use of pyrotechnic materials that do not meet the	18155
definition of fireworks as described in section 3743.01 of the	18156
Revised Code. Such licenses and permits and the fees for such	18157
licenses and permits shall be described in rules adopted by the	18158
fire marshal under Chapter 119. of the Revised Code. Such rules	18159
may provide for different standards for exhibitor licensure and	18160
the permitting and conducting of a fireworks exhibition than the	18161
requirements of this chapter.	18162

Prior to the state fire marshal's adoption of the rules	18163
described in this division, the director of commerce shall appoint	18164
a committee consisting of the state fire marshal or the marshal's	18165
designee, three representatives of the fireworks industry, and	18166
three representatives of the fire service to assist the state fire	18167
marshal in adopting these rules. Unless an extension is granted by	18168
the director of commerce, the state fire marshal shall adopt	18169
initial rules under this section not later than July 1, 2010.	18170

Sec. 3743.56. Each fireworks exhibitor licensed under	18171
section 3743.51 of the Revised Code shall register annually with	18172
the fire marshal all employees who assist the licensed exhibitor	18173
in conducting fireworks exhibitions. Once registered, such an	18174
employee may be employed by any other licensed fireworks	18175
exhibitor, without the need for that other licensed exhibitor to	18176
register the employee with the fire marshal. The fire marshal	18177
shall maintain a record of licensed exhibitors and registered	18178
employees and make it available, upon request, to any law	18179
enforcement agency.	18180

The fire marshal shall adopt rules under Chapter 119. of the	18181
Revised Code that establish appropriate fees for the registration	18182
of employees of licensed exhibitors and otherwise implement this	18183
section.	18184

In addition to the annual registration of employees required	18185
by this section, a licensed exhibitor shall file an application to	18186
register a new employee, unless the new employee is already	18187
registered under this section, not later than seven days after the	18188
date on which the employee is hired.	18189

Each applicant for registration under this section shall	18190
provide fingerprint or similar identifying information to the fire	18191
marshal for the purposes of determining applicant compliance with	18192
section 3743.70 of the Revised Code. The fire marshal may adopt	18193
rules under Chapter 119. of the Revised Code specifying the method	18194
to be used by the applicant to provide the fingerprint or similar	18195
identifying information, fees to be assessed by the fire marshal	18196
to conduct such background checks, and the procedures to be used	18197
by the fire marshal to verify compliance with this section. Such	18198
rules may include provisions establishing the frequency that	18199
license renewal applicants must update background check	18200
information filed by the applicant with previous license	18201
applications and provisions describing alternative forms of	18202
background check information that may be accepted by the fire	18203
marshal to verify compliance with this section.	18204

Sec. 3743.65. (A) No person shall possess fireworks in this	18205
state or shall possess for sale or sell fireworks in this state,	18206
except a licensed manufacturer of fireworks as authorized by	18207
sections 3743.02 to 3743.08 of the Revised Code, a licensed	18208
wholesaler of fireworks as authorized by sections 3743.15 to	18209
3743.21 of the Revised Code, a shipping permit holder as	18210
authorized by section 3743.40 of the Revised Code, an out-of-state	18211
resident as authorized by section 3743.44 of the Revised Code, a	18212
resident of this state as authorized by section 3743.45 of the	18213
Revised Code, or a licensed exhibitor of fireworks as authorized	18214
by sections 3743.50 to 3743.55 of the Revised Code, and except as	18215
provided in section 3743.80 of the Revised Code.	18216

(B) Except as provided in section 3743.80 of the Revised Code	18217
and except for licensed exhibitors of fireworks authorized to	18218
conduct a fireworks exhibition pursuant to sections 3743.50 to	18219
3743.55 of the Revised Code, no person shall discharge, ignite, or	18220
explode any fireworks in this state.	18221

(C) No person shall use in a theater or public hall, what is	18222
technically known as fireworks showers, or a mixture containing	18223
potassium chlorate and sulphur.	18224

(D) No person shall sell fireworks of any kind to a person	18225
under eighteen years of age. No person under eighteen years of age	18226
shall enter a fireworks sales showroom unless that person is	18227
accompanied by a parent, legal guardian, or other responsible	18228
adult. No person under eighteen years of age shall touch or	18229
possess fireworks on a licensed premises without the consent of	18230
the licensee. A licensee may eject any person from a licensed	18231
premises that is in any way disruptive to the safe operation of	18232
the premises.	18233

(E) ~~No person shall advertise 1.4G fireworks for sale. A sign~~	18234
~~located on a seller's premises identifying the seller as a seller~~	18235
~~of fireworks is not the advertising of fireworks for sale.~~	18236

~~(F)~~ No person, other than a licensed manufacturer, licensed	18237
wholesaler, licensed exhibitor, or shipping permit holder, shall	18238
possess 1.3G fireworks in this state.	18239

~~(G)~~(F) Except as otherwise provided in division (J) of	18240
section 3743.06 and division (K) of section 3743.19 of the Revised	18241
Code, no person shall knowingly disable a fire suppression system	18242
as defined in section 3781.108 of the Revised Code on the premises	18243
of a fireworks plant of a licensed manufacturer of fireworks or on	18244
the premises of the business operations of a licensed wholesaler	18245
of fireworks.	18246

Sec. 3743.70. The fire marshal shall not issue an initial or	18247
a renewal of a license or, permit, or registration under this	18248
chapter on or after ~~the effective date of this section~~June 30,	18249
1997, if the applicant for the license or permit, or any	18250
individual holding, owning, or controlling a five per cent or	18251
greater beneficial or equity interest in the applicant for the	18252
license or permit, has been convicted of or pleaded guilty to a	18253
felony under the laws of this state, another state, or the United	18254
States. The fire marshal shall revoke or deny renewal of a license	18255
or permit first issued under this chapter on or after ~~the~~	18256
~~effective date of this section~~June 30, 1997, if the holder of the	18257
license or permit, or any individual holding, owning, or	18258
controlling a five per cent or greater beneficial or equity	18259
interest in the holder of the license or permit, is convicted of	18260
or pleads guilty to a felony under the laws of this state, another	18261
state, or the United States.	18262

The state fire marshal may adopt rules under Chapter 119. of	18263
the Revised Code specifying the method to be used by the	18264
applicants subject to this section to provide the fingerprint or	18265
similar identifying information, fees to be assessed by the fire	18266
marshal to conduct such background checks, and the procedures to	18267
be used by the state fire marshal to verify compliance with this	18268
section. Such rules may include provisions establishing rules for	18269
conducting background checks and prohibiting licensure, permitting	18270
or registration under this chapter for persons convicted of a	18271
felony or similar offense in another country, the frequency that	18272
license renewal applicants must update background check	18273
information filed by the applicant with previous license	18274
applications, provisions describing alternative forms of	18275
background check information that may be accepted by the fire	18276
marshal to verify compliance with this section, and provisions	18277
that permit the state fire marshal to waive the applicability of	18278
this section if the applicant produces verified documentation that	18279
demonstrates that this state, another state, the United States, or	18280
another country has determined that applicant is appropriate for	18281
licensure, permitting, or registration under this chapter.	18282

Sec. 3743.99. (A) Whoever violates division (A) or (B) of	18283
section 3743.60 or division (H) of section 3743.64 of the Revised	18284
Code is guilty of a felony of the third degree.	18285

(B) Whoever violates division (C) or (D) of section 3743.60,	18286
division (A), (B), (C), or (D) of section 3743.61, or division (A)	18287
or (B) of section 3743.64 of the Revised Code is guilty of a	18288
felony of the fourth degree.	18289

(C) Whoever violates division (E), (F), (G), (H), (I), or (J)	18290
of section 3743.60, division (E), (F), (G), (H), (I), or (J) of	18291
section 3743.61, section 3743.63, division (D), (E), (F), or (G)	18292
of section 3743.64, division (A), (B), (C), (D), or ~~(F)~~(E) of	18293
section 3743.65, or section 3743.66 of the Revised Code is guilty	18294
of a misdemeanor of the first degree. If the offender previously	18295
has been convicted of or pleaded guilty to a violation of division	18296
(I) of section 3743.60 or 3743.61 of the Revised Code, a violation	18297
of either of these divisions is a felony of the fifth degree.	18298

(D) Whoever violates division (C) of section 3743.64 of the	18299
Revised Code is guilty of a misdemeanor of the first degree. In	18300
addition to any other penalties that may be imposed on a licensed	18301
exhibitor of fireworks under this division and unless the third	18302
sentence of this division applies, the person's license as an	18303
exhibitor of fireworks or as an assistant exhibitor of fireworks	18304
shall be suspended, and the person is ineligible to apply for	18305
either type of license, for a period of five years. If the	18306
violation of division (C) of section 3743.64 of the Revised Code	18307
results in serious physical harm to persons or serious physical	18308
harm to property, the person's license as an exhibitor of	18309
fireworks or as an assistant exhibitor of fireworks shall be	18310
revoked, and that person is ineligible to apply for a license as	18311
or to be licensed as an exhibitor of fireworks or as an assistant	18312
exhibitor of fireworks in this state.	18313

(E) Whoever violates division ~~(G)~~(F) of section 3743.65 of	18314
the Revised Code is guilty of a felony of the fifth degree.	18315

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	18316
the Revised Code do not apply to the following:	18317

(A) Policies offering coverage that is regulated under	18318
Chapters 3935. and 3937. of the Revised Code;	18319

(B) An employer's self-insurance plan and any of its	18320
administrators, as defined in section 3959.01 of the Revised Code,	18321
to the extent that federal law supersedes, preempts, prohibits, or	18322
otherwise precludes the application of any provisions of those	18323
sections to the plan and its administrators;	18324

(C) A third-party payer for coverage provided under the	18325
medicare advantage program operated under Title XVIII of the	18326
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	18327
amended;	18328

(D) A third-party payer for coverage provided under the	18329
medicaid program operated under Title XIX of the "Social Security	18330
Act," except that if a federal waiver applied for under section	18331
5111.178 of the Revised Code is granted or the director of job and	18332
family services determines that this provision can be implemented	18333
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of	18334
the Revised Code apply to claims submitted electronically or	18335
non-electronically that are made with respect to coverage of	18336
medicaid recipients by health insuring corporations licensed under	18337
Chapter 1751. of the Revised Code, instead of the prompt payment	18338
requirements of 42 C.F.R. 447.46;	18339

(E) A third-party payer for coverage provided under the	18340
tricare program offered by the United States department of	18341
defense.	18342

(F) A third-party payer for coverage provided under the	18343
children's buy-in program established under sections 5101.5211 to	18344
5101.5216 of the Revised Code.	18345

Sec. 3905.40. There shall be paid to the superintendent of	18346
insurance the following fees:	18347

(A) Each insurance company doing business in this state shall	18348
pay:	18349

(1) For filing a copy of its charter or deed of settlement,	18350
two hundred fifty dollars;	18351

(2) For filing each statement, one hundred seventy-five	18352
dollars;	18353

(3) For each certificate of authority or license, one hundred	18354
seventy-five, and for each certified copy thereof, five dollars;	18355

(4) For each copy of a paper filed in the superintendent's	18356
office, twenty cents per page;	18357

(5) For issuing certificates of deposits or certified copies	18358
thereof, five dollars for the first certificate or copy and one	18359
dollar for each additional certificate or copy;	18360

(6) For issuing certificates of compliance or certified	18361
copies thereof, sixty dollars;	18362

(7) For affixing the seal of office and certifying documents,	18363
other than those enumerated herein, two dollars.	18364

(B) Each domestic life insurance company doing business in	18365
this state shall pay for annual valuation of its policies, one	18366
cent on every one thousand dollars of insurance.	18367

(C) Each applicant for licensure as an individual insurance	18368
agent except applicants for licensure as limited lines insurance	18369
agents and surplus line brokers shall pay ten dollars ~~before~~	18370
~~admission to any examination required by the superintendent. Such~~	18371
~~fee shall not be paid by the appointing insurance company~~for each	18372
line of authority requested. Fees collected under this division	18373
shall be credited to the department of insurance operating fund	18374
created in section 3901.021 of the Revised Code.	18375

(D) Each domestic mutual life insurance company shall pay for	18376
verifying that any amendment to its articles of incorporation was	18377
regularly adopted, two hundred fifty dollars with each application	18378
for verification. Any such amendment shall be considered to have	18379
been regularly adopted when approved by the affirmative vote of	18380
two-thirds of the policyholders present in person or by proxy at	18381
any annual meeting of policyholders or at a special meeting of	18382
policyholders called for that purpose.	18383

Sec. 3923.281. (A) As used in this section:

18384

(1) "Biologically based mental illness" means schizophrenia,	18385
schizoaffective disorder, major depressive disorder, bipolar	18386
disorder, paranoia and other psychotic disorders,	18387
obsessive-compulsive disorder, and panic disorder, as these terms	18388
are defined in the most recent edition of the diagnostic and	18389
statistical manual of mental disorders published by the American	18390
psychiatric association.	18391

(2) "Policy of sickness and accident insurance" has the same	18392
meaning as in section 3923.01 of the Revised Code, but excludes	18393
any hospital indemnity, medicare supplement, long-term care,	18394
disability income, one-time-limited-duration policy of not longer	18395
than six months, supplemental benefit, or other policy that	18396
provides coverage for specific diseases or accidents only; any	18397
policy that provides coverage for workers' compensation claims	18398
compensable pursuant to Chapters 4121. and 4123. of the Revised	18399
Code; ~~and~~ any policy that provides coverage to beneficiaries	18400
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	18401
(1935), 42 U.S.C.A. 301, as amended, known as the medical	18402
assistance program or medicaid, as provided by the Ohio department	18403
of job and family services under Chapter 5111. of the Revised	18404
Code; and any policy that provides coverage to beneficiaries	18405
enrolled in the children's buy-in program established under	18406
sections 5101.5211 to 5101.5216 of the Revised Code.	18407

(B) Notwithstanding section 3901.71 of the Revised Code, and	18408
subject to division (E) of this section, every policy of	18409
sickness and accident insurance shall provide benefits for the	18410
diagnosis and treatment of biologically based mental illnesses on	18411
the same terms and conditions as, and shall provide benefits no	18412
less extensive than, those provided under the policy of sickness	18413
and accident insurance for the treatment and diagnosis of all	18414
other physical diseases and disorders, if both of the following	18415
apply:	18416

(1) The biologically based mental illness is clinically	18417
diagnosed by a physician authorized under Chapter 4731. of the	18418
Revised Code to practice medicine and surgery or osteopathic	18419
medicine and surgery; a psychologist licensed under Chapter 4732.	18420
of the Revised Code; a professional clinical counselor,	18421
professional counselor, or independent social worker licensed	18422
under Chapter 4757. of the Revised Code; or a clinical nurse	18423
specialist licensed under Chapter 4723. of the Revised Code whose	18424
nursing specialty is mental health.	18425

(2) The prescribed treatment is not experimental or	18426
investigational, having proven its clinical effectiveness in	18427
accordance with generally accepted medical standards.	18428

(C) Division (B) of this section applies to all coverages and	18429
terms and conditions of the policy of sickness and accident	18430
insurance, including, but not limited to, coverage of inpatient	18431
hospital services, outpatient services, and medication; maximum	18432
lifetime benefits; copayments; and individual and family	18433
deductibles.	18434

(D) Nothing in this section shall be construed as prohibiting	18435
a sickness and accident insurance company from taking any of the	18436
following actions:	18437

(1) Negotiating separately with mental health care providers	18438
with regard to reimbursement rates and the delivery of health care	18439
services;	18440

(2) Offering policies that provide benefits solely for the	18441
diagnosis and treatment of biologically based mental illnesses;	18442

(3) Managing the provision of benefits for the diagnosis or	18443
treatment of biologically based mental illnesses through the use	18444
of pre-admission screening, by requiring beneficiaries to obtain	18445
authorization prior to treatment, or through the use of any other	18446
mechanism designed to limit coverage to that treatment determined	18447
to be necessary;	18448

(4) Enforcing the terms and conditions of a policy of	18449
sickness and accident insurance.	18450

(E) An insurer that offers any policy of sickness and	18451
accident insurance is not required to provide benefits for the	18452
diagnosis and treatment of biologically based mental illnesses	18453
pursuant to division (B) of this section if all of the following	18454
apply:	18455

(1) The insurer submits documentation certified by an	18456
independent member of the American academy of actuaries to the	18457
superintendent of insurance showing that incurred claims for	18458
diagnostic and treatment services for biologically based mental	18459
illnesses for a period of at least six months independently caused	18460
the insurer's costs for claims and administrative expenses for the	18461
coverage of all other physical diseases and disorders to increase	18462
by more than one per cent per year.	18463

(2) The insurer submits a signed letter from an independent	18464
member of the American academy of actuaries to the superintendent	18465
of insurance opining that the increase described in division	18466
(E)(1) of this section could reasonably justify an increase of	18467
more than one per cent in the annual premiums or rates charged by	18468
the insurer for the coverage of all other physical diseases and	18469
disorders.	18470

(3) The superintendent of insurance makes the following	18471
determinations from the documentation and opinion submitted	18472
pursuant to divisions (E)(1) and (2) of this section:	18473

(a) Incurred claims for diagnostic and treatment services for	18474
biologically based mental illnesses for a period of at least six	18475
months independently caused the insurer's costs for claims and	18476
administrative expenses for the coverage of all other physical	18477
diseases and disorders to increase by more than one per cent per	18478
year.	18479

(b) The increase in costs reasonably justifies an increase of	18480
more than one per cent in the annual premiums or rates charged by	18481
the insurer for the coverage of all other physical diseases and	18482
disorders.	18483

Any determination made by the superintendent under this	18484
division is subject to Chapter 119. of the Revised Code.	18485

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	18486
negotiate long-term care insurance on or after September 1, 2008,	18487
without completing an initial eight-hour partnership program	18488
training course as described in division (B) of this section.	18489

(2)(a) Any agent that sells, solicits, or negotiates any	18490
long-term care insurance shall complete at least four hours of	18491
continuing education in every twenty-four-month period commencing	18492
on the first day of January of the year immediately following the	18493
year of the issuance of the agent's license.	18494

(b) No agent shall fail to complete the continuing education	18495
requirements in division (A)(2)(a) of this section in the	18496
twenty-four-month period described in that division.	18497

(B) The initial training course and continuing education	18498
required under division (A) of this section may be approved by the	18499
superintendent of insurance as continuing education courses under	18500
sections 3905.481 to 3905.486 of the Revised Code and shall	18501
consist of combined topics related to long-term care insurance,	18502
long-term care services, and state long-term care insurance	18503
partnership programs, including all of the following:	18504

(1) State and federal regulations and requirements and the	18505
relationship between state long-term care insurance partnership	18506
programs and other public and private coverage of long-term care	18507
services, including medicaid;	18508

(2) Available long-term care services and providers;

18509

(3) Changes or improvements in long-term care services or	18510
providers;	18511

(4) Alternatives to the purchase of private long-term care	18512
insurance;	18513

(5) The effect of inflation on benefits and the importance of	18514
inflation protection;	18515

(6) Consumer suitability standards and guidelines;

18516

(7) Any other topics required by the superintendent.

18517

(C) The initial training and continuing education required by	18518
division (A) of this section shall not include training that is	18519
specific to a particular insurer or company product or that	18520
includes any sales or marketing information, materials, or	18521
training other than those required by state or federal law.	18522

(D) AnA resident agent shall satisfy the training and	18523
continuing education required by division (A) of this section by	18524
completing long-term care courses that are approved by the	18525
superintendent. A nonresident agent may ~~complete~~satisfy the	18526
training and continuing education required by division (A) of	18527
this section by completing ~~partnership program~~the training	18528
requirements in any other state, provided that the course is	18529
approved for credit by the ~~superintendent~~insurance department of	18530
that state prior to the agent taking the course.	18531

(E) Each insurer shall ~~maintain~~obtain records of the initial	18532
training and continuing education completed by agents of that	18533
insurer pursuant to division (A) of this section as well as the	18534
training completed by the insurer's agents concerning the	18535
distribution of the insurer's partnership program policies and	18536
shall make those records available to the superintendent upon	18537
request.	18538

(F) ~~The superintendent shall certify to the director of job~~	18539
~~and family services that the superintendent has verified that all~~	18540
~~agents selling, soliciting, or negotiating long-term care~~	18541
~~insurance in Ohio have completed the training and continuing~~	18542
~~education required by division (A) of this section including~~	18543
~~training concerning~~Each insurer shall maintain records with	18544
respect to the training of its agents concerning the distribution	18545
of the insurer's partnership program policies. Each insurer shall	18546
provide documentation to the superintendent that will allow the	18547
superintendent to provide assurance to the director of job and	18548
family services that agents have received the training required by	18549
this section and that agents have demonstrated an understanding of	18550
the partnership program policies and their relationship to public	18551
and private coverage of long-term care in this state, including	18552
medicaid. The superintendent may audit each insurer's records	18553
annually to verify that the insurer is maintaining the records	18554
required by this division. The superintendent shall make the	18555
records provided to the superintendent pursuant to division (E) of	18556
this section available to the director.	18557

Sec. 3925.101. With the approval of the superintendent of	18558
insurance, sections 3925.06 to 3925.09 and 3925.20 of the Revised	18559
Code shall not apply to a domestic insurance company that	18560
qualifies as a foreign country branch of a United States company	18561
that writes policies exclusively in countries other than the	18562
United States if those other countries have laws pertaining to	18563
insurance company investments and the foreign country branch is	18564
required to comply with those laws.	18565

Sec. 3961.04. (A) A discount medical plan organization or	18566
marketer shall disclose all of the following information in	18567
writing in not less than twelve-point type on the first content	18568
page of any advertisements, marketing materials, or brochures made	18569
available to the public relating to a discount medical plan and	18570
with any enrollment forms:	18571

(1) A statement that the discount medical plan is not	18572
insurance;	18573

(2) A statement that the range of discounts for medical	18574
services offered under the discount medical plan will vary	18575
depending on the type of provider and medical services;	18576

(3) A statement that the discount medical plan is prohibited	18577
from making members' payments to providers for medical services	18578
received under the discount medical plan;	18579

(4) A statement that the member is obligated to pay for all	18580
discounted medical services received under the discount medical	18581
plan;	18582

(5) The discount medical plan organization's toll-free	18583
telephone number and internet web site address that a member or	18584
prospective member may use to obtain additional information about	18585
and assistance with the discount medical plan and up-to-date lists	18586
of providers participating in the discount medical plan.	18587

(B) If a discount medical plan organization's or marketer's	18588
initial contact with a prospective member is by telephone, the	18589
organization or marketer shall disclose all of the information	18590
listed in division (A) of this section orally in addition to	18591
including such disclosures in the initial written materials	18592
provided to the prospective or new member.	18593

(C) In addition to the disclosures required under division	18594
(A) of this section, a discount medical plan organization shall	18595
provide to each prospective member, at the time of enrollment, a	18596
copy of the terms and conditions of the discount medical plan,	18597
including any limitations or restrictions on the refund of any	18598
processing fees or periodic charges associated with the discount	18599
medical plan. A discount medical plan organization also shall	18600
provide each new member a written document containing the terms	18601
and conditions of the discount medical plan and including all of	18602
the following:	18603

(1) Name of the member;

18604

(2) Benefits provided under the discount medical plan;

18605

(3) Any processing fees and periodic charges associated with	18606
the discount medical plan, including, but not limited to, if	18607
applicable, the procedures for changing the mode of payment and	18608
any accompanying additional charges;	18609

(4) Any limitations, exclusions, or exceptions regarding the	18610
receipt of discount medical plan benefits;	18611

(5) Any waiting periods for certain medical services under	18612
the discount medical plan;	18613

(6) Procedures for obtaining discounts under the discount	18614
medical plan, such as requiring members to contact the discount	18615
medical plan organization to request that the organization make an	18616
appointment with a provider on the member's behalf;	18617

(7) Cancellation and refund rights described in section	18618
3961.06 of the Revised Code;	18619

(8) Membership renewal, termination, and cancellation terms	18620
and conditions;	18621

(9) Procedures for adding new family members to the discount	18622
medical plan;	18623

(10) Procedures for filing complaints under the discount	18624
medical plan organization's complaint system and a statement	18625
explaining that, if the member remains dissatisfied after	18626
completing the organization's complaint system, the member may	18627
contact the department of insurance;	18628

(11) Name, mailing address, and toll-free telephone number of	18629
the discount medical plan organization that a member may use to	18630
make inquiries about the discount medical plan, send cancellation	18631
notices, and file complaints.	18632

(D) A discount medical plan organization shall maintain on an	18633
internet web site page an up-to-date list of the names and	18634
addresses of the providers with which the organization has	18635
contracted directly or indirectly through a provider network. The	18636
organization's internet web site address shall be prominently	18637
displayed on all of the organization's advertisements, marketing	18638
materials, brochures, and discount medical plan cards.	18639

(E) When a discount medical plan organization or marketer	18640
sells a discount medical plan together with any other product, the	18641
organization or marketer shall do either of the following:	18642

(1) Provide the charges for each discount medical plan in	18643
writing to the member;	18644

(2) Reimburse the member for all periodic charges for the	18645
discount medical plan and all periodic charges for any other	18646
product if the member cancels ~~his or her~~ membership in accordance	18647
with division (B) of section ~~3901.06~~3961.06 of the Revised Code.	18648

Sec. 4112.12. (A) There is hereby created the commission on	18649
African-American males, which shall consist of not more than	18650
~~twenty-three~~twenty-five members as follows: the directors or	18651
their designees of the departments of health, development,	18652
alcohol and drug addiction services, and job and family services;	18653
the equal employment opportunity officer of the department of	18654
administrative services or the equal employment opportunity	18655
officer's designee; the executive director or the executive	18656
director's designee of the Ohio civil rights commission; the	18657
executive director or the executive director's designee of the	18658
division of criminal justice services in the department of public	18659
safety; the superintendent of public instruction; the chancellor	18660
or the chancellor's designee of the Ohio board of regents; two	18661
members of the house of representatives appointed by the speaker	18662
of the house of representatives each of whom shall be members of	18663
different political parties; and two members of the senate	18664
appointed by the president of the senate each of whom shall be	18665
members of different political parties. The members who are	18666
members of the general assembly shall be nonvoting members. The	18667
Ohio state university African American and African studies	18668
community extension center, in consultation with the governor,	18669
shall appoint ~~two~~four members from the private corporate	18670
sector, at least four members from the public sector, and two	18671
members from the nonprofit sector.	18672

(B) Terms of office shall be for three years, except that	18673
members of the general assembly appointed to the commission shall	18674
be members only so long as they are members of the general	18675
assembly. Each term ends on the same day of the same month as did	18676
the term that it succeeds. Each member shall hold office from the	18677
date of appointment until the end of the term for which the	18678
member was appointed. Members may be reappointed. Vacancies shall	18679
be filled in the manner provided for original appointments. Any	18680
member appointed to fill a vacancy occurring prior to the	18681
expiration date of the term for which the member's predecessor was	18682
appointed shall hold office as a member for the remainder of that	18683
term. A member shall continue in office subsequent to the	18684
expiration date of the member's term until the member's successor	18685
takes office or until a period of sixty days has elapsed,	18686
whichever occurs first.	18687

The commission annually shall elect a chairperson from among	18688
its members.	18689

(C) Members of the commission and members of subcommittees	18690
appointed under division (B) of section 4112.13 of the Revised	18691
Code shall not be compensated, but shall be reimbursed for their	18692
necessary and actual expenses incurred in the performance of their	18693
official duties.	18694

(D) The Ohio state university African American and African	18695
studies community extension center, in consultation with the	18696
governor, shall appoint an executive director of the commission on	18697
African-American males, who shall be in the unclassified civil	18698
service. The executive director shall supervise the commission's	18699
activities and report to the commission and to the Ohio state	18700
university African American and African studies community	18701
extension center on the progress of those activities. The	18702
executive director shall do all things necessary for the	18703
efficient and effective implementation of the duties of the	18704
commission.	18705

The responsibilities assigned to the executive director do	18706
not relieve the members of the commission from final	18707
responsibility for the proper performance of the requirements of	18708
this division.	18709

(E) The commission on African-American males shall do all of	18710
the following:	18711

(1) Employ, promote, supervise, and remove all employees, as	18712
needed, in connection with the performance of its duties under	18713
this section;	18714

(2) Maintain its office in Columbus;

18715

(3) Acquire facilities, equipment, and supplies necessary to	18716
house the commission, its employees, and files and records under	18717
its control, and to discharge any duty imposed upon it by law. The	18718
expense of these acquisitions shall be audited and paid for in the	18719
same manner as other state expenses.	18720

(4) Establish the overall policy and management of the	18721
commission in accordance with this chapter;	18722

(5) Follow all state procurement requirements;

18723

(6) Implement the policies and plans of the Ohio state	18724
university African American and African studies community	18725
extension center as those policies and plans are formulated and	18726
adopted by the Ohio state university African American and African	18727
studies community extension center;	18728

(7) Report to the Ohio state university African American and	18729
African studies community extension center on the progress of the	18730
commission on African-American males in implementing the policies	18731
and plans of the Ohio state university African American and	18732
African studies community extension center.	18733

(F) The commission on African-American males may:

18734

(1) Hold sessions at any place within the state, except that	18735
the commission on African-American males shall meet at least	18736
quarterly;	18737

(2) Establish, change, or abolish positions, and assign and	18738
reassign duties and responsibilities of any employee of the	18739
commission on African-American males as necessary to achieve the	18740
most efficient performance of its functions.	18741

(G) The Ohio state university African American and African	18742
studies community extension center shall establish the overall	18743
policy and management of the commission on African-American males	18744
and shall direct, manage, and oversee the commission. The Ohio	18745
state university African American and African studies community	18746
extension center shall develop overall policies and plans, and the	18747
commission on African-American males shall implement those	18748
policies and plans. The commission on African-American males,	18749
through its executive director, shall keep the Ohio state	18750
university African American and African studies community	18751
extension center informed as to the activities of the commission	18752
on African-American males in such manner and at such times as the	18753
Ohio state university African American and African studies	18754
community extension center shall determine.	18755

The Ohio state university African American and African	18756
studies community extension center may prescribe duties and	18757
responsibilities of the commission on African-American males in	18758
addition to those prescribed in section 4112.13 of the Revised	18759
Code.	18760

(H) The Ohio state university African American and African	18761
studies community extension center annually shall contract for a	18762
report on the status of ~~African-Americans~~African Americans in	18763
this state. Issues to be evaluated in the report shall include	18764
the criminal justice system, education, employment, health care,	18765
and housing, and such other issues as the Ohio state university	18766
African American and African studies community extension center	18767
may specify. The report shall include policy recommendations	18768
relating to the issues covered in the report.	18769

Sec. 4117.14. (A) The procedures contained in this section	18770
govern the settlement of disputes between an exclusive	18771
representative and a public employer concerning the termination or	18772
modification of an existing collective bargaining agreement or	18773
negotiation of a successor agreement, or the negotiation of an	18774
initial collective bargaining agreement.	18775

(B)(1) In those cases where there exists a collective	18776
bargaining agreement, any public employer or exclusive	18777
representative desiring to terminate, modify, or negotiate a	18778
successor collective bargaining agreement shall:	18779

(a) Serve written notice upon the other party of the proposed	18780
termination, modification, or successor agreement. The party must	18781
serve the notice not less than sixty days prior to the expiration	18782
date of the existing agreement or, in the event the existing	18783
collective bargaining agreement does not contain an expiration	18784
date, not less than sixty days prior to the time it is proposed to	18785
make the termination or modifications or to make effective a	18786
successor agreement.	18787

(b) Offer to bargain collectively with the other party for	18788
the purpose of modifying or terminating any existing agreement or	18789
negotiating a successor agreement;	18790

(c) Notify the state employment relations board of the offer	18791
by serving upon the board a copy of the written notice to the	18792
other party and a copy of the existing collective bargaining	18793
agreement.	18794

(2) In the case of initial negotiations between a public	18795
employer and an exclusive representative, where a collective	18796
bargaining agreement has not been in effect between the parties,	18797
any party may serve notice upon the board and the other party	18798
setting forth the names and addresses of the parties and offering	18799
to meet, for a period of ninety days, with the other party for the	18800
purpose of negotiating a collective bargaining agreement.	18801

If the settlement procedures specified in divisions (B), (C),	18802
and (D) of this section govern the parties, where those procedures	18803
refer to the expiration of a collective bargaining agreement, it	18804
means the expiration of the sixty-day period to negotiate a	18805
collective bargaining agreement referred to in this subdivision,	18806
or in the case of initial negotiations, it means the ninety day	18807
period referred to in this subdivision.	18808

(3) The parties shall continue in full force and effect all	18809
the terms and conditions of any existing collective bargaining	18810
agreement, without resort to strike or lock-out, for a period of	18811
sixty days after the party gives notice or until the expiration	18812
date of the collective bargaining agreement, whichever occurs	18813
later, or for a period of ninety days where applicable.	18814

(4) Upon receipt of the notice, the parties shall enter into	18815
collective bargaining.	18816

(C) In the event the parties are unable to reach an	18817
agreement, they may submit, at any time prior to forty-five days	18818
before the expiration date of the collective bargaining agreement,	18819
the issues in dispute to any mutually agreed upon dispute	18820
settlement procedure which supersedes the procedures contained in	18821
this section.	18822

(1) The procedures may include:

18823

(a) Conventional arbitration of all unsettled issues;

18824

(b) Arbitration confined to a choice between the last offer	18825
of each party to the agreement as a single package;	18826

(c) Arbitration confined to a choice of the last offer of	18827
each party to the agreement on each issue submitted;	18828

(d) The procedures described in division (C)(1)(a), (b), or	18829
(c) of this section and including among the choices for the	18830
arbitrator, the recommendations of the fact finder, if there are	18831
recommendations, either as a single package or on each issue	18832
submitted;	18833

(e) Settlement by a citizens' conciliation council composed	18834
of three residents within the jurisdiction of the public employer.	18835
The public employer shall select one member and the exclusive	18836
representative shall select one member. The two members selected	18837
shall select the third member who shall chair the council. If the	18838
two members cannot agree upon a third member within five days	18839
after their appointments, the board shall appoint the third	18840
member. Once appointed, the council shall make a final settlement	18841
of the issues submitted to it pursuant to division (G) of this	18842
section.	18843

(f) Any other dispute settlement procedure mutually agreed to	18844
by the parties.	18845

(2) If, fifty days before the expiration date of the	18846
collective bargaining agreement, the parties are unable to reach	18847
an agreement, any party may request the state employment relations	18848
board to intervene. The request shall set forth the names and	18849
addresses of the parties, the issues involved, and, if applicable,	18850
the expiration date of any agreement.	18851

The board shall intervene and investigate the dispute to	18852
determine whether the parties have engaged in collective	18853
bargaining.	18854

If an impasse exists or forty-five days before the expiration	18855
date of the collective bargaining agreement if one exists, the	18856
board shall appoint a mediator to assist the parties in the	18857
collective bargaining process.	18858

(3) Any time after the appointment of a mediator, either	18859
party may request the appointment of a fact-finding panel. Within	18860
fifteen days after receipt of a request for a fact-finding panel,	18861
the board shall appoint a fact-finding panel of not more than	18862
three members who have been selected by the parties in accordance	18863
with rules established by the board, from a list of qualified	18864
persons maintained by the board.	18865

(a) The fact-finding panel shall, in accordance with rules	18866
and procedures established by the board that include the	18867
regulation of costs and expenses of fact-finding, gather facts and	18868
make recommendations for the resolution of the matter. The board	18869
shall by its rules require each party to specify in writing the	18870
unresolved issues and its position on each issue to the	18871
fact-finding panel. The fact-finding panel shall make final	18872
recommendations as to all the unresolved issues.	18873

(b) The board may continue mediation, order the parties to	18874
engage in collective bargaining until the expiration date of the	18875
agreement, or both.	18876

(4) The following guidelines apply to fact-finding:

18877

(a) The fact-finding panel may establish times and place of	18878
hearings which shall be, where feasible, in the jurisdiction of	18879
the state.	18880

(b) The fact-finding panel shall conduct the hearing pursuant	18881
to rules established by the board.	18882

(c) Upon request of the fact-finding panel, the board shall	18883
issue subpoenas for hearings conducted by the panel.	18884

(d) The fact-finding panel may administer oaths.

18885

(e) The board shall prescribe guidelines for the fact-finding	18886
panel to follow in making findings. In making its recommendations,	18887
the fact-finding panel shall take into consideration the factors	18888
listed in divisions (G)(7)(a) to (f) of this section.	18889

(f) The fact-finding panel may attempt mediation at any time	18890
during the fact-finding process. From the time of appointment	18891
until the fact-finding panel makes a final recommendation, it	18892
shall not discuss the recommendations for settlement of the	18893
dispute with parties other than the direct parties to the dispute.	18894

(5) The fact-finding panel, acting by a majority of its	18895
members, shall transmit its findings of fact and recommendations	18896
on the unresolved issues to the public employer and employee	18897
organization involved and to the board no later than fourteen days	18898
after the appointment of the fact-finding panel, unless the	18899
parties mutually agree to an extension. The parties shall share	18900
the cost of the fact-finding panel in a manner agreed to by the	18901
parties.	18902

(6)(a) Not later than seven days after the findings and	18903
recommendations are sent, the legislative body, by a three-fifths	18904
vote of its total membership, and in the case of the public	18905
employee organization, the membership, by a three-fifths vote of	18906
the total membership, may reject the recommendations; if neither	18907
rejects the recommendations, the recommendations shall be deemed	18908
agreed upon as the final resolution of the issues submitted and a	18909
collective bargaining agreement shall be executed between the	18910
parties, including the fact-finding panel's recommendations,	18911
except as otherwise modified by the parties by mutual agreement.	18912
If either the legislative body or the public employee organization	18913
rejects the recommendations, the board shall publicize the	18914
findings of fact and recommendations of the fact-finding panel.	18915
The board shall adopt rules governing the procedures and methods	18916
for public employees to vote on the recommendations of the	18917
fact-finding panel.	18918

(b) As used in division (C)(6)(a) of this section,	18919
"legislative body" means the controlling board when the state or	18920
any of its agencies, authorities, commissions, boards, or other	18921
branch of public employment is party to the fact-finding process.	18922

(D) If the parties are unable to reach agreement within seven	18923
days after the publication of findings and recommendations from	18924
the fact-finding panel or the collective bargaining agreement, if	18925
one exists, has expired, then the:	18926

(1) Public employees, who are members of a police or fire	18927
department, members of the state highway patrol, deputy sheriffs,	18928
dispatchers employed by a police, fire or sheriff's department or	18929
the state highway patrol or civilian dispatchers employed by a	18930
public employer other than a police, fire, or sheriff's department	18931
to dispatch police, fire, sheriff's department, or emergency	18932
medical or rescue personnel and units, an exclusive nurse's unit,	18933
employees of the state school for the deaf or the state school for	18934
the blind, employees of any public employee retirement system,	18935
corrections officers, guards at penal or mental institutions,	18936
special police officers appointed in accordance with sections	18937
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	18938
employed at mental health forensic facilities, or youth leaders	18939
employed at juvenile correctional facilities, or members of a law	18940
enforcement security force that is established and maintained	18941
exclusively by a board of county commissioners and whose members	18942
are employed by that board, shall submit the matter to a final	18943
offer settlement procedure pursuant to a board order issued	18944
forthwith to the parties to settle by a conciliator selected by	18945
the parties. The parties shall request from the board a list of	18946
five qualified conciliators and the parties shall select a single	18947
conciliator from the list by alternate striking of names. If the	18948
parties cannot agree upon a conciliator within five days after the	18949
board order, the board shall on the sixth day after its order	18950
appoint a conciliator from a list of qualified persons maintained	18951
by the board or shall request a list of qualified conciliators	18952
from the American arbitration association and appoint therefrom.	18953

(2) Public employees other than those listed in division	18954
(D)(1) of this section have the right to strike under Chapter	18955
4117. of the Revised Code provided that the employee organization	18956
representing the employees has given a ten-day prior written	18957
notice of an intent to strike to the public employer and to the	18958
board, and further provided that the strike is for full,	18959
consecutive work days and the beginning date of the strike is at	18960
least ten work days after the ending date of the most recent prior	18961
strike involving the same bargaining unit; however, the board, at	18962
its discretion, may attempt mediation at any time.	18963

(E) Nothing in this section shall be construed to prohibit	18964
the parties, at any time, from voluntarily agreeing to submit any	18965
or all of the issues in dispute to any other alternative dispute	18966
settlement procedure. An agreement or statutory requirement to	18967
arbitrate or to settle a dispute pursuant to a final offer	18968
settlement procedure and the award issued in accordance with the	18969
agreement or statutory requirement is enforceable in the same	18970
manner as specified in division (B) of section 4117.09 of the	18971
Revised Code.	18972

(F) Nothing in this section shall be construed to prohibit a	18973
party from seeking enforcement of a collective bargaining	18974
agreement or a conciliator's award as specified in division (B) of	18975
section 4117.09 of the Revised Code.	18976

(G) The following guidelines apply to final offer settlement	18977
proceedings under division (D)(1) of this section:	18978

(1) The parties shall submit to final offer settlement those	18979
issues that are subject to collective bargaining as provided by	18980
section 4117.08 of the Revised Code and upon which the parties	18981
have not reached agreement and other matters mutually agreed to by	18982
the public employer and the exclusive representative; except that	18983
the conciliator may attempt mediation at any time.	18984

(2) The conciliator shall hold a hearing within thirty days	18985
of the board's order to submit to a final offer settlement	18986
procedure, or as soon thereafter as is practicable.	18987

(3) The conciliator shall conduct the hearing pursuant to	18988
rules developed by the board. The conciliator shall establish the	18989
hearing time and place, but it shall be, where feasible, within	18990
the jurisdiction of the state. Not later than five calendar days	18991
before the hearing, each of the parties shall submit to the	18992
conciliator, to the opposing party, and to the board, a written	18993
report summarizing the unresolved issues, the party's final offer	18994
as to the issues, and the rationale for that position.	18995

(4) Upon the request by the conciliator, the board shall	18996
issue subpoenas for the hearing.	18997

(5) The conciliator may administer oaths.

18998

(6) The conciliator shall hear testimony from the parties and	18999
provide for a written record to be made of all statements at the	19000
hearing. The board shall submit for inclusion in the record and	19001
for consideration by the conciliator the written report and	19002
recommendation of the fact-finders.	19003

(7) After hearing, the conciliator shall resolve the dispute	19004
between the parties by selecting, on an issue-by-issue basis, from	19005
between each of the party's final settlement offers, taking into	19006
consideration the following:	19007

(a) Past collectively bargained agreements, if any, between	19008
the parties;	19009

(b) Comparison of the issues submitted to final offer	19010
settlement relative to the employees in the bargaining unit	19011
involved with those issues related to other public and private	19012
employees doing comparable work, giving consideration to factors	19013
peculiar to the area and classification involved;	19014

(c) The interests and welfare of the public, the ability of	19015
the public employer to finance and administer the issues proposed,	19016
and the effect of the adjustments on the normal standard of public	19017
service;	19018

(d) The lawful authority of the public employer;

19019

(e) The stipulations of the parties;

19020

(f) Such other factors, not confined to those listed in this	19021
section, which are normally or traditionally taken into	19022
consideration in the determination of the issues submitted to	19023
final offer settlement through voluntary collective bargaining,	19024
mediation, fact-finding, or other impasse resolution procedures in	19025
the public service or in private employment.	19026

(8) Final offer settlement awards made under Chapter 4117. of	19027
the Revised Code are subject to Chapter 2711. of the Revised Code.	19028

(9) If more than one conciliator is used, the determination	19029
must be by majority vote.	19030

(10) The conciliator shall make written findings of fact and	19031
promulgate a written opinion and order upon the issues presented	19032
to the conciliator, and upon the record made before the	19033
conciliator and shall mail or otherwise deliver a true copy	19034
thereof to the parties and the board.	19035

(11) Increases in rates of compensation and other matters	19036
with cost implications awarded by the conciliator may be effective	19037
only at the start of the fiscal year next commencing after the	19038
date of the final offer settlement award; provided that if a new	19039
fiscal year has commenced since the issuance of the board order to	19040
submit to a final offer settlement procedure, the awarded	19041
increases may be retroactive to the commencement of the new fiscal	19042
year. The parties may, at any time, amend or modify a	19043
conciliator's award or order by mutual agreement.	19044

(12) The parties shall bear equally the cost of the final	19045
offer settlement procedure.	19046

(13) Conciliators appointed pursuant to this section shall be	19047
residents of the state.	19048

(H) All final offer settlement awards and orders of the	19049
conciliator made pursuant to Chapter 4117. of the Revised Code are	19050
subject to review by the court of common pleas having jurisdiction	19051
over the public employer as provided in Chapter 2711. of the	19052
Revised Code. If the public employer is located in more than one	19053
court of common pleas district, the court of common pleas in which	19054
the principal office of the chief executive is located has	19055
jurisdiction.	19056

(I) The issuance of a final offer settlement award	19057
constitutes a binding mandate to the public employer and the	19058
exclusive representative to take whatever actions are necessary to	19059
implement the award.	19060

Sec. 4117.15. (A) Whenever a strike by members of a police	19061
or fire department, members of the state highway patrol, deputy	19062
sheriffs, dispatchers employed by a police, fire or sheriff's	19063
department or the state highway patrol or civilian dispatchers	19064
employed by a public employer other than a police, fire, or	19065
sheriff's department to dispatch police, fire, sheriff's	19066
department, or emergency medical or rescue personnel and units, an	19067
exclusive nurse's unit, employees of the state school for the deaf	19068
or the state school for the blind, employees of any public	19069
employee retirement system, correction officers, guards at penal	19070
or mental institutions, or special ~~policemen or policewomen~~police	19071
officers appointed in accordance with sections 5119.14 and 5123.13	19072
of the Revised Code, psychiatric attendants employed at mental	19073
health forensic facilities, youth leaders employed at juvenile	19074
correctional facilities, or members of a law enforcement security	19075
force that is established and maintained exclusively by a board of	19076
county commissioners and whose members are employed by that board,	19077
a strike by other public employees during the pendency of the	19078
settlement procedures set forth in section 4117.14 of the Revised	19079
Code, or a strike during the term or extended term of a collective	19080
bargaining agreement occurs, the public employer may seek an	19081
injunction against the strike in the court of common pleas of the	19082
county in which the strike is located.	19083

(B) An unfair labor practice by a public employer is not a	19084
defense to the injunction proceeding noted in division (A) of this	19085
section. Allegations of unfair labor practices during the	19086
settlement procedures set forth in section 4117.14 of the Revised	19087
Code shall receive priority by the state employment relations	19088
board.	19089

(C) No public employee is entitled to pay or compensation	19090
from the public employer for the period engaged in any strike.	19091

Sec. 4123.26. Every employer shall keep records of, and	19092
furnish to the bureau of workers' compensation upon request, all	19093
information required by the administrator of workers' compensation	19094
to carry out this chapter. In January of each year, every employer	19095
of the state employing one or more employees regularly in the same	19096
business, or in or about the same establishment, shall prepare and	19097
mail to the bureau at its main office in Columbus a statement	19098
containing the following information, as applicable:	19099

(A) The number of employees employed during the preceding	19100
year from the first day of January through the thirty-first day of	19101
December;	19102

(B) The number of such employees employed at each kind of	19103
employment and the aggregate amount of wages paid to such	19104
employees;	19105

(C) In accordance with the rules adopted by the administrator	19106
pursuant to division (D) of section 4123.32 of the Revised Code,	19107
if the employer employs employees who are covered under the	19108
federal "Longshore and Harbor Workers' Compensation Act," 98 Stat.	19109
1639, 33 U.S.C. 901 et seq., and under this chapter and Chapter	19110
4121. of the Revised Code, both of the following amounts:	19111

(1) The amount of wages the employer pays to those employees	19112
when the employees perform labor and provide services for which	19113
the employees are eligible to receive compensation and benefits	19114
under the federal "Longshore and Harbor Workers' Compensation	19115
Act;"	19116

(2) The amount of wages the employer pays to those employees	19117
when the employees perform labor and provide services for which	19118
the employees are eligible to receive compensation and benefits	19119
under this chapter and Chapter 4121. of the Revised Code.	19120

The allocation of wages identified by the employer pursuant	19121
to divisions (C)(1) and (2) of this section shall not be presumed	19122
to be an indication of the law under which an employee is eligible	19123
to receive compensation and benefits.	19124

The information shall be furnished on a blank to be prepared	19125
by the bureau. The bureau shall furnish the blanks to employers	19126
free of charge upon request therefor. Every employer receiving	19127
from the bureau any blank, with directions to fill out the same,	19128
shall cause the same to be properly filled out so as to answer	19129
fully and correctly all questions therein propounded, and give all	19130
the information therein sought, or if unable to do so, hethe	19131
employer shall give to the bureau in writing good and sufficient	19132
reasons for such failure. The bureau may require that the	19133
information required to be furnished be verified under oath and	19134
returned to the bureau within the period fixed by it or by law.	19135
The bureau or any person employed by the bureau for that purpose,	19136
may examine, under oath, any employer, or the officer, agent, or	19137
employee thereof, for the purpose of ascertaining any information	19138
which the employer is required to furnish to the bureau.	19139

No employer shall fail to furnish to the bureau the annual	19140
statement required by this section, nor shall any employer fail to	19141
keep records of or furnish such other information as may be	19142
required by the bureau under this section.	19143

Whoever violates this section shall forfeit five hundred	19144
dollars, to be collected in a civil action brought against the	19145
employer in the name of the state, to be paid into the state	19146
insurance fund and become a part thereof.	19147

Sec. 4123.32. The administrator of workers' compensation,	19148
with the advice and consent of the bureau of workers' compensation	19149
board of directors, shall adopt rules with respect to the	19150
collection, maintenance, and disbursements of the state insurance	19151
fund including all of the following:	19152

(A) A rule providing that the premium security deposit	19153
collected from any employer entitles the employer to the benefits	19154
of this chapter for the remainder of the six months and also for	19155
an additional adjustment period of two months, and, thereafter, if	19156
the employer pays the premium due at the close of any six-month	19157
period, coverage shall be extended for an additional eight-month	19158
period beginning from the end of the six-month period for which	19159
the employer pays the premium due;	19160

(B) A rule providing for ascertaining the correctness of any	19161
employer's report of estimated or actual expenditure of wages and	19162
the determination and adjustment of proper premiums and the	19163
payment of those premiums by the employer for or during any period	19164
less than eight months and notwithstanding any payment or	19165
determination of premium made when exceptional conditions or	19166
circumstances in the judgment of the administrator justify the	19167
action;	19168

(C) Such special rules as the administrator considers	19169
necessary to safeguard the fund and that are just in the	19170
circumstances, covering the rates to be applied where one employer	19171
takes over the occupation or industry of another or where an	19172
employer first makes application for state insurance, and the	19173
administrator may require that if any employer transfers a	19174
business in whole or in part or otherwise reorganizes the	19175
business, the successor in interest shall assume, in proportion to	19176
the extent of the transfer, as determined by the administrator,	19177
the employer's account and shall continue the payment of all	19178
contributions due under this chapter;	19179

(D) A rule providing that an employer who employs an employee	19180
covered under the federal "Longshore and Harbor Workers'	19181
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	19182
chapter and Chapter 4121. of the Revised Code shall be assessed	19183
a premium in accordance with the expenditure of wages, payroll,	19184
or both attributable to only labor performed and services	19185
provided by such an employee when the employee performs labor	19186
and provides services for which the employee is not eligible to	19187
receive compensation and benefits under that federal act.	19188

(E) A rule providing for all of the following:

19189

(1) If, within two months immediately after the expiration of	19190
the six-month period, an employer fails to file a report of the	19191
employer's actual payroll expenditures for the period, the premium	19192
found to be due from the employer for the period shall be	19193
increased in an amount equal to one per cent of the premium, but	19194
the increase shall not be less than three nor more than fifteen	19195
dollars;	19196

(2) The premium determined by the administrator to be due	19197
from an employer shall be payable on or before the end of the	19198
coverage period established by the premium security deposit, or	19199
within the time specified by the administrator if the period for	19200
which the advance premium has been paid is less than eight months.	19201
If an employer fails to pay the premium when due, the	19202
administrator may add a late fee penalty of not more than thirty	19203
dollars to the premium plus an additional penalty amount as	19204
follows:	19205

(a) For a premium from sixty-one to ninety days past due,	19206
the prime interest rate, multiplied by the premium due;	19207

(b) For a premium from ninety-one to one hundred twenty days	19208
past due, the prime interest rate plus two per cent, multiplied by	19209
the premium due;	19210

(c) For a premium from one hundred twenty-one to one hundred	19211
fifty days past due, the prime interest rate plus four per cent,	19212
multiplied by the premium due;	19213

(d) For a premium from one hundred fifty-one to one hundred	19214
eighty days past due, the prime interest rate plus six per cent,	19215
multiplied by the premium due;	19216

(e) For a premium from one hundred eighty-one to two hundred	19217
ten days past due, the prime interest rate plus eight per cent,	19218
multiplied by the premium due;	19219

(f) For each additional thirty-day period or portion thereof	19220
that a premium remains past due after it has remained past due for	19221
more than two hundred ten days, the prime interest rate plus eight	19222
per cent, multiplied by the premium due.	19223

(3) Notwithstanding the interest rates specified in division	19224
~~(D)~~(E)(2) of this section, at no time shall the additional penalty	19225
amount assessed under division ~~(D)~~(E)(2) of this section exceed	19226
fifteen per cent of the premium due.	19227

(4) An employer may appeal a late fee penalty or additional	19228
penalty to an adjudicating committee pursuant to section 4123.291	19229
of the Revised Code.	19230

For purposes of division ~~(D)~~(E) of this section, "prime	19231
interest rate" means the average bank prime rate, and the	19232
administrator shall determine the prime interest rate in the same	19233
manner as a county auditor determines the average bank prime rate	19234
under section 929.02 of the Revised Code.	19235

(5) If the employer files an appropriate payroll report,	19236
within the time provided by law or within the time specified by	19237
the administrator if the period for which the employer paid an	19238
estimated premium is less than eight months, the employer shall	19239
not be in default and division ~~(D)~~(E)(2) of this section shall not	19240
apply if the employer pays the premiums within fifteen days after	19241
being first notified by the administrator of the amount due.	19242

(6) Any deficiencies in the amounts of the premium security	19243
deposit paid by an employer for any period shall be subject to an	19244
interest charge of six per cent per annum from the date the	19245
premium obligation is incurred. In determining the interest due on	19246
deficiencies in premium security deposit payments, a charge in	19247
each case shall be made against the employer in an amount equal to	19248
interest at the rate of six per cent per annum on the premium	19249
security deposit due but remaining unpaid sixty days after notice	19250
by the administrator.	19251

(7) Any interest charges or penalties provided for in	19252
divisions ~~(D)~~(E)(2) and (6) of this section shall be credited to	19253
the employer's account for rating purposes in the same manner as	19254
premiums.	19255

~~(E)~~(F) A rule providing that each employer, on the occasion	19256
of instituting coverage under this chapter, shall submit a premium	19257
security deposit. The deposit shall be calculated equivalent to	19258
thirty per cent of the semiannual premium obligation of the	19259
employer based upon the employer's estimated expenditure for wages	19260
for the ensuing six-month period plus thirty per cent of an	19261
additional adjustment period of two months but only up to a	19262
maximum of one thousand dollars and not less than ten dollars. The	19263
administrator shall review the security deposit of every employer	19264
who has submitted a deposit which is less than the	19265
one-thousand-dollar maximum. The administrator may require any	19266
such employer to submit additional money up to the maximum of one	19267
thousand dollars that, in the administrator's opinion, reflects	19268
the employer's current payroll expenditure for an eight-month	19269
period.	19270

~~(F)~~(G) A rule providing that each employer, on the occasion	19271
of instituting coverage under this chapter, shall submit an	19272
application for coverage that completely provides all of the	19273
information required for the administrator to establish coverage	19274
for that employer, and that the employer's failure to provide all	19275
of the information completely may be grounds for the administrator	19276
to deny coverage for that employer.	19277

~~(G)~~(H) A rule providing that, in addition to any other	19278
remedies permitted in this chapter, the administrator may	19279
discontinue an employer's coverage if the employer fails to pay	19280
the premium due on or before the premium's due date.	19281

~~(H)~~(I) A rule providing that if after a final adjudication it	19282
is determined that an employer has failed to pay an obligation,	19283
billing, account, or assessment that is greater than one thousand	19284
dollars on or before its due date, the administrator may	19285
discontinue the employer's coverage in addition to any other	19286
remedies permitted in this chapter, and that the administrator	19287
shall not discontinue an employer's coverage pursuant to this	19288
division prior to a final adjudication regarding the employer's	19289
failure to pay such obligation, billing, account, or assessment on	19290
or before its due date.	19291

~~(I)~~(J) As used in divisions ~~(G) and~~ (H) and (I) of this	19292
section:	19293

(1) "Employer" has the same meaning as in division (B) of	19294
section 4123.01 of the Revised Code except that "employer" does	19295
not include the state, a state hospital, or a state university or	19296
college.	19297

(2) "State university or college" has the same meaning as in	19298
section 3345.12 of the Revised Code and also includes the Ohio	19299
agricultural research and development center and the Ohio state	19300
university cooperative extension service.	19301

(3) "State hospital" means the Ohio state university hospital	19302
and its ancillary facilities and the medical university of Ohio at	19303
Toledo hospital.	19304

Sec. 4123.37. In this section "amenable employer" has the	19305
same meaning as "employer" as defined in division ~~(O)~~(J) of	19306
section 4123.32 of the Revised Code.	19307

If the administrator of workers' compensation finds that any	19308
person, firm, or private corporation, including any public service	19309
corporation, is, or has been at any time after January 1, 1923, an	19310
amenable employer and has not complied with section 4123.35 of the	19311
Revised Code the administrator shall determine the period during	19312
which the person, firm, or corporation was an amenable employer	19313
and shall forthwith give notice of the determination to the	19314
employer. Within twenty days thereafter the employer shall furnish	19315
the bureau with the payroll covering the period included in the	19316
determination and, if the employer is an amenable employer at the	19317
time of the determination, shall pay a premium security deposit	19318
for the eight months next succeeding the date of the determination	19319
and shall pay into the state insurance fund the amount of premium	19320
applicable to such payroll.	19321

If the employer does not furnish the payroll and pay the	19322
applicable premium and premium security deposit within the twenty	19323
days, the administrator shall forthwith make an assessment of the	19324
premium due from the employer for the period the administrator	19325
determined the employer to be an amenable employer including the	19326
premium security deposit according to section 4123.32 of the	19327
Revised Code if the employer is an amenable employer at the time	19328
of the determination, basing the assessment upon the information	19329
in the possession of the administrator.	19330

The administrator shall give to the employer assessed written	19331
notice of the assessment. The notice shall be mailed to the	19332
employer at the employer's residence or usual place of business by	19333
certified mail. Unless the employer to whom the notice of	19334
assessment is directed files with the bureau within twenty days	19335
after receipt thereof, a petition in writing, verified under oath	19336
by the employer, or the employer's authorized agent having	19337
knowledge of the facts, setting forth with particularity the items	19338
of the assessment objected to, together with the reason for the	19339
objections, the assessment shall become conclusive and the amount	19340
thereof shall be due and payable from the employer so assessed to	19341
the state insurance fund. When a petition objecting to an	19342
assessment is filed the bureau shall assign a time and place for	19343
the hearing of the same and shall notify the petitioner thereof by	19344
certified mail. When an employer files a petition the assessment	19345
made by the administrator shall become due and payable ten days	19346
after notice of the finding made at the hearing has been sent by	19347
certified mail to the party assessed. An appeal may be taken from	19348
any finding to the court of common pleas of Franklin county upon	19349
the execution by the party assessed of a bond to the state in	19350
double the amount found due and ordered paid by the bureau	19351
conditioned that the party will pay any judgment and costs	19352
rendered against it for the premium.	19353

When no petition objecting to an assessment is filed or when	19354
a finding is made affirming or modifying an assessment after	19355
hearing, a certified copy of the assessment as affirmed or	19356
modified may be filed by the administrator in the office of the	19357
clerk of the court of common pleas in any county in which the	19358
employer has property or in which the employer has a place of	19359
business. The clerk, immediately upon the filing of the	19360
assessment, shall enter a judgment for the state against the	19361
employer in the amount shown on the assessment. The judgment may	19362
be filed by the clerk in a loose leaf book entitled "special	19363
judgments for state insurance fund." The judgment shall bear the	19364
same rate of interest, have the same effect as other judgments,	19365
and be given the same preference allowed by law on other judgments	19366
rendered for claims for taxes. An assessment or judgment under	19367
this section shall not be a bar to the adjustment of the	19368
employer's account upon the employer furnishing the employer's	19369
payroll records to the bureau.	19370

The administrator, for good cause shown, may waive a default	19371
in the payment of premium where the default is of less than sixty	19372
days' duration, and upon payment by the employer of the premium	19373
for the period, the employer and the employer's employees are	19374
entitled to all of the benefits and immunities provided by this	19375
chapter.	19376

Sec. 4123.54. (A) ~~Every~~Except as otherwise provided in	19377
division (I) of this section, every employee, who is injured or	19378
who contracts an occupational disease, and the dependents of each	19379
employee who is killed, or dies as the result of an occupational	19380
disease contracted in the course of employment, wherever such	19381
injury has occurred or occupational disease has been contracted,	19382
provided the same were not:	19383

(1) Purposely self-inflicted; or

19384

(2) Caused by the employee being intoxicated or under the	19385
influence of a controlled substance not prescribed by a physician	19386
where the intoxication or being under the influence of the	19387
controlled substance not prescribed by a physician was the	19388
proximate cause of the injury, is entitled to receive, either	19389
directly from the employee's self-insuring employer as provided in	19390
section 4123.35 of the Revised Code, or from the state insurance	19391
fund, the compensation for loss sustained on account of the	19392
injury, occupational disease, or death, and the medical, nurse,	19393
and hospital services and medicines, and the amount of funeral	19394
expenses in case of death, as are provided by this chapter.	19395

(B) For the purpose of this section, provided that an	19396
employer has posted written notice to employees that the results	19397
of, or the employee's refusal to submit to, any chemical test	19398
described under this division may affect the employee's	19399
eligibility for compensation and benefits pursuant to this chapter	19400
and Chapter 4121. of the Revised Code, there is a rebuttable	19401
presumption that an employee is intoxicated or under the influence	19402
of a controlled substance not prescribed by the employee's	19403
physician and that being intoxicated or under the influence of a	19404
controlled substance not prescribed by the employee's physician is	19405
the proximate cause of an injury under either of the following	19406
conditions:	19407

(1) When any one or more of the following is true:

19408

(a) The employee, through a qualifying chemical test	19409
administered within eight hours of an injury, is determined to	19410
have an alcohol concentration level equal to or in excess of the	19411
levels established in divisions (A)(1)(b) to (i) of section	19412
4511.19 of the Revised Code;	19413

(b) The employee, through a qualifying chemical test	19414
administered within thirty-two hours of an injury, is determined	19415
to have one of the following controlled substances not prescribed	19416
by the employee's physician in the employee's system that tests	19417
above the following levels in an enzyme multiplied immunoassay	19418
technique screening test and above the levels established in	19419
division (B)(1)(c) of this section in a gas chromatography mass	19420
spectrometry test:	19421

(i) For amphetamines, one thousand nanograms per milliliter	19422
of urine;	19423

(ii) For cannabinoids, fifty nanograms per milliliter of	19424
urine;	19425

(iii) For cocaine, including crack cocaine, three hundred	19426
nanograms per milliliter of urine;	19427

(iv) For opiates, two thousand nanograms per milliliter of	19428
urine;	19429

(v) For phencyclidine, twenty-five nanograms per milliliter	19430
of urine.	19431

(c) The employee, through a qualifying chemical test	19432
administered within thirty-two hours of an injury, is determined	19433
to have one of the following controlled substances not prescribed	19434
by the employee's physician in the employee's system that tests	19435
above the following levels by a gas chromatography mass	19436
spectrometry test:	19437

(i) For amphetamines, five hundred nanograms per milliliter	19438
of urine;	19439

(ii) For cannabinoids, fifteen nanograms per milliliter of	19440
urine;	19441

(iii) For cocaine, including crack cocaine, one hundred fifty	19442
nanograms per milliliter of urine;	19443

(iv) For opiates, two thousand nanograms per milliliter of	19444
urine;	19445

(v) For phencyclidine, twenty-five nanograms per milliliter	19446
of urine.	19447

(d) The employee, through a qualifying chemical test	19448
administered within thirty-two hours of an injury, is determined	19449
to have barbiturates, benzodiazepines, methadone, or propoxyphene	19450
in the employee's system that tests above levels established by	19451
laboratories certified by the United States department of health	19452
and human services.	19453

(2) When the employee refuses to submit to a requested	19454
chemical test, on the condition that that employee is or was given	19455
notice that the refusal to submit to any chemical test described	19456
in division (B)(1) of this section may affect the employee's	19457
eligibility for compensation and benefits under this chapter and	19458
Chapter 4121. of the Revised Code.	19459

(C)(1) For purposes of division (B) of this section, a	19460
chemical test is a qualifying chemical test if it is administered	19461
to an employee after an injury under at least one of the following	19462
conditions:	19463

(a) When the employee's employer had reasonable cause to	19464
suspect that the employee may be intoxicated or under the	19465
influence of a controlled substance not prescribed by the	19466
employee's physician;	19467

(b) At the request of a police officer pursuant to section	19468
4511.191 of the Revised Code, and not at the request of the	19469
employee's employer;	19470

(c) At the request of a licensed physician who is not	19471
employed by the employee's employer, and not at the request of the	19472
employee's employer.	19473

(2) As used in division (C)(1)(a) of this section,	19474
"reasonable cause" means, but is not limited to, evidence that an	19475
employee is or was using alcohol or a controlled substance drawn	19476
from specific, objective facts and reasonable inferences drawn	19477
from these facts in light of experience and training. These facts	19478
and inferences may be based on, but are not limited to, any of the	19479
following:	19480

(a) Observable phenomena, such as direct observation of use,	19481
possession, or distribution of alcohol or a controlled substance,	19482
or of the physical symptoms of being under the influence of	19483
alcohol or a controlled substance, such as but not limited to	19484
slurred speech, dilated pupils, odor of alcohol or a controlled	19485
substance, changes in affect, or dynamic mood swings;	19486

(b) A pattern of abnormal conduct, erratic or aberrant	19487
behavior, or deteriorating work performance such as frequent	19488
absenteeism, excessive tardiness, or recurrent accidents, that	19489
appears to be related to the use of alcohol or a controlled	19490
substance, and does not appear to be attributable to other	19491
factors;	19492

(c) The identification of an employee as the focus of a	19493
criminal investigation into unauthorized possession, use, or	19494
trafficking of a controlled substance;	19495

(d) A report of use of alcohol or a controlled substance	19496
provided by a reliable and credible source;	19497

(e) Repeated or flagrant violations of the safety or work	19498
rules of the employee's employer, that are determined by the	19499
employee's supervisor to pose a substantial risk of physical	19500
injury or property damage and that appear to be related to the use	19501
of alcohol or a controlled substance and that do not appear	19502
attributable to other factors.	19503

(D) Nothing in this section shall be construed to affect the	19504
rights of an employer to test employees for alcohol or controlled	19505
substance abuse.	19506

(E) For the purpose of this section, laboratories certified	19507
by the United States department of health and human services or	19508
laboratories that meet or exceed the standards of that department	19509
for laboratory certification shall be used for processing the test	19510
results of a qualifying chemical test.	19511

(F) The written notice required by division (B) of this	19512
section shall be the same size or larger then the certificate of	19513
premium payment notice furnished by the bureau of workers'	19514
compensation and shall be posted by the employer in the same	19515
location as the certificate of premium payment notice or the	19516
certificate of self-insurance.	19517

(G) If a condition that pre-existed an injury is	19518
substantially aggravated by the injury, and that substantial	19519
aggravation is documented by objective diagnostic findings,	19520
objective clinical findings, or objective test results, no	19521
compensation or benefits are payable because of the pre-existing	19522
condition once that condition has returned to a level that would	19523
have existed without the injury.	19524

(H) Whenever, with respect to an employee of an employer who	19525
is subject to and has complied with this chapter, there is	19526
possibility of conflict with respect to the application of	19527
workers' compensation laws because the contract of employment is	19528
entered into and all or some portion of the work is or is to be	19529
performed in a state or states other than Ohio, the employer and	19530
the employee may agree to be bound by the laws of this state or by	19531
the laws of some other state in which all or some portion of the	19532
work of the employee is to be performed. The agreement shall be in	19533
writing and shall be filed with the bureau of workers'	19534
compensation within ten days after it is executed and shall remain	19535
in force until terminated or modified by agreement of the parties	19536
similarly filed. If the agreement is to be bound by the laws of	19537
this state and the employer has complied with this chapter, then	19538
the employee is entitled to compensation and benefits regardless	19539
of where the injury occurs or the disease is contracted and the	19540
rights of the employee and the employee's dependents under the	19541
laws of this state are the exclusive remedy against the employer	19542
on account of injury, disease, or death in the course of and	19543
arising out of the employee's employment. If the agreement is to	19544
be bound by the laws of another state and the employer has	19545
complied with the laws of that state, the rights of the employee	19546
and the employee's dependents under the laws of that state are the	19547
exclusive remedy against the employer on account of injury,	19548
disease, or death in the course of and arising out of the	19549
employee's employment without regard to the place where the injury	19550
was sustained or the disease contracted.	19551

If any employee or the employee's dependents are awarded	19552
workers' compensation benefits or recover damages from the	19553
employer under the laws of another state, the amount awarded or	19554
recovered, whether paid or to be paid in future installments,	19555
shall be credited on the amount of any award of compensation or	19556
benefits made to the employee or the employee's dependents by the	19557
bureau.	19558

If an employee is a resident of a state other than this state	19559
and is insured under the workers' compensation law or similar laws	19560
of a state other than this state, the employee and the employee's	19561
dependents are not entitled to receive compensation or benefits	19562
under this chapter, on account of injury, disease, or death	19563
arising out of or in the course of employment while temporarily	19564
within this state, and the rights of the employee and the	19565
employee's dependents under the laws of the other state are the	19566
exclusive remedy against the employer on account of the injury,	19567
disease, or death.	19568

(I) If an employee who is covered under the federal	19569
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639,	19570
33 U.S.C. 901 et seq., is injured or contracts an occupational	19571
disease or dies as a result of an injury or occupational disease,	19572
and if that employee's or that employee's dependents' claim for	19573
compensation or benefits for that injury, occupational disease, or	19574
death is subject to the jurisdiction of that act, the employee or	19575
the employee's dependents are not entitled to apply for and shall	19576
not receive compensation or benefits under this chapter and	19577
Chapter 4121. of the Revised Code. The rights of such an employee	19578
and the employee's dependents under the federal "Longshore and	19579
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901	19580
et seq., are the exclusive remedy against the employer for that	19581
injury, occupational disease, or death.	19582

(J) Compensation or benefits are not payable to a claimant	19583
during the period of confinement of the claimant in any state or	19584
federal correctional institution, or in any county jail in lieu of	19585
incarceration in a state or federal correctional institution,	19586
whether in this or any other state for conviction of violation of	19587
any state or federal criminal law.	19588

Sec. 4141.31. (A) Benefits otherwise payable for any week	19589
shall be reduced by the amount of remuneration or other payments a	19590
claimant receives with respect to such week as follows:	19591

(1) Remuneration in lieu of notice;

19592

(2) Compensation for wage loss under division (B) of section	19593
4123.56 of the Revised Code or a similar provision under the	19594
workers' compensation law of any state or the United States;	19595

(3) Payments in the form of retirement, or pension allowances	19596
as provided under section 4141.312 of the Revised Code;	19597

(4) ~~Remuneration~~Except as otherwise provided in division (D)	19598
of this section, remuneration in the form of separation or	19599
termination pay paid to an employee at the time of the employee's	19600
separation from employment;	19601

(5) Vacation pay or allowance payable under the terms of a	19602
labor-management contract or agreement, or other contract of hire,	19603
which payments are allocated to designated weeks.	19604

If payments under this division are paid with respect to a	19605
month then the amount of remuneration deemed to be received with	19606
respect to any week during such month shall be computed by	19607
multiplying such monthly amount by twelve and dividing the product	19608
by fifty-two. If there is no designation of the period with	19609
respect to which payments to an individual are made under this	19610
section then an amount equal to such individual's normal weekly	19611
wage shall be attributed to and deemed paid with respect to the	19612
first and each succeeding week following the individual's	19613
separation or termination from the employment of the employer	19614
making the payment until such amount so paid is exhausted.	19615

If benefits for any week, when reduced as provided in this	19616
division, result in an amount not a multiple of one dollar, such	19617
benefits shall be rounded to the next lower multiple of one	19618
dollar.	19619

Any payment allocated by the employer or the director of job	19620
and family services to weeks under division (A)(1), (4), or (5) of	19621
this section shall be deemed to be remuneration for the purposes	19622
of establishing a qualifying week and a benefit year under	19623
divisions (O)(1) and (R) of section 4141.01 of the Revised Code.	19624

(B) Benefits payable for any week shall not be reduced by the	19625
amount of remuneration a claimant receives with respect to such	19626
week in the form of drill or reserve pay received by a member of	19627
the Ohio national guard or the armed forces reserve for attendance	19628
at a regularly scheduled drill or meeting.	19629

(C) No benefits shall be paid for any week with respect to	19630
which or a part of which an individual has received or is seeking	19631
unemployment benefits under an unemployment compensation law of	19632
any other state or of the United States, provided the	19633
disqualifications shall not apply if the appropriate agency of	19634
such other state or of the United States finally determines that	19635
an individual is not entitled to such unemployment benefits. A	19636
law of the United States providing any payment of any type and in	19637
any amounts for periods of unemployment due to lack of work shall	19638
be considered an unemployment compensation law of the United	19639
States.	19640

(D) ~~Notwithstanding any other provision in this chapter,~~	19641
~~benefits otherwise~~Benefits payable for any week shall not be	19642
reduced by ~~payments that were made~~the amount of military	19643
severance, disability, or separation pay paid to an individual on	19644
~~or after August 1, 1991, pursuant to "The National Defense~~	19645
~~Authorization Act for Fiscal Years 1992 and 1993," Public Law~~	19646
~~102-190, 105 Stat. 1394, 1396, 10 U.S.C.A. 1174a, 1175, in the~~	19647
~~form of voluntary separation incentive payments and special~~	19648
~~separation pay~~who is a former member of the armed forces of the	19649
United States.	19650

Sec. 4141.312. (A) Except as otherwise specified in division	19651
(B) of this section, the amount of benefits payable to a claimant	19652
for any week with respect to which the claimant is receiving a	19653
governmental or other pension, retirement or retired pay, annuity	19654
or any other similar periodic payment which is based on the	19655
previous work of the individual, shall be reduced by an amount	19656
equal to the amount of the pension, retirement or retired pay,	19657
annuity or other payment which is reasonably attributable to that	19658
week, except that the requirements for this division shall apply	19659
to any pension, retirement or retired pay, annuity, or other	19660
similar periodic payment only if both of the following apply:	19661

(1) The payment is under a plan maintained or contributed to	19662
by a base period employer or chargeable employer.	19663

(2) In the case of a payment under a plan not made under the	19664
"Social Security Act," 42 U.S.C. 401 et seq., or the "Railroad	19665
Retirement Act of 1974," 45 U.S.C. 231 et seq., or the	19666
corresponding provisions of prior law, services performed for such	19667
employer by the individual after the beginning of the base period,	19668
or remuneration for such services, affect eligibility for, or	19669
increase the amount of, such pension, retirement or retired pay,	19670
annuity, or similar payment.	19671

(B) ~~The amount of any disability pension, allowance, or~~	19672
~~payment paid to former members of the armed forces of the United~~	19673
~~States which is based on the nature and extent of the disability~~	19674
~~rather than a prior period of employment or service, shall not~~	19675
~~reduce or be deducted from the weekly benefits payable.~~	19676

~~(C)~~ If a claimant has made a contribution to social security	19677
pursuant to the "Social Security Act," 42 U.S.C. 401 et seq., and	19678
that claimant is receiving a retirement payment pursuant to that	19679
act, the claimant's weekly benefit shall not be reduced by the	19680
amount of that retirement payment because the claimant contributed	19681
to social security.	19682

Sec. 4301.355. (A) If a petition is filed under section	19683
4301.333 of the Revised Code for the submission of the question or	19684
questions set forth in this section, it shall be held in the	19685
precinct as ordered by the board of elections under that section.	19686
The expense of holding the election shall be charged to the	19687
municipal corporation or township of which the precinct is a part.	19688

(B) At the election, one or more of the following questions,	19689
as designated in a valid petition, shall be submitted to the	19690
electors of the precinct:	19691

(1) "Shall the sale of .......... (insert beer, wine and	19692
mixed beverages, or spirituous liquor) be permitted by ..........	19693
(insert name of applicant, liquor permit holder, or liquor agency	19694
store, including trade or fictitious name under which applicant	19695
for, or holder of, liquor permit or liquor agency store either	19696
intends to do, or does, business at the particular location), an	19697
.......... (insert "applicant for" or "holder of" or "operator	19698
of") a .......... (insert class name of liquor permit or permits	19699
followed by the words "liquor permit(s)" or, if appropriate, the	19700
words "liquor agency store for the State of Ohio"), who is engaged	19701
in the business of .......... (insert general nature of the	19702
business in which applicant or liquor permit holder is engaged or	19703
will be engaged in at the particular location, as described in the	19704
petition) at .......... (insert address of the particular location	19705
within the precinct as set forth in the petition) in this	19706
precinct?"	19707

(2) "Shall the sale of .......... (insert beer, wine and	19708
mixed beverages, or spirituous liquor) be permitted for sale on	19709
Sunday between the hours of .......... (insert "ten a.m. and	19710
midnight" or "one p.m. and midnight") by .......... (insert name	19711
of applicant, liquor permit holder, or liquor agency store,	19712
including trade or fictitious name under which applicant for, or	19713
holder of, liquor permit or liquor agency store either intends to	19714
do, or does, business at the particular location), an ......	19715
(insert "applicant for a D-6 liquor permit," "holder of a D-6	19716
liquor permit," "applicant for or holder of an A-1-A, A-2, A-3a,	19717
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e,	19718
D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 liquor permit," if	19719
only the approval of beer sales is sought, or "liquor agency	19720
store") who is engaged in the business of .......... (insert	19721
general nature of the business in which applicant or liquor permit	19722
holder is engaged or will be engaged in at the particular	19723
location, as described in the petition) at .......... (insert	19724
address of the particular location within the precinct) in this	19725
precinct?"	19726

(C) The board of elections shall furnish printed ballots at	19727
the election as provided under section 3505.06 of the Revised	19728
Code, except that a separate ballot shall be used for the election	19729
under this section. The question set forth in this section shall	19730
be printed on each ballot, and the board shall insert in the	19731
question appropriate words to complete it. Votes shall be cast as	19732
provided under section 3505.06 of the Revised Code.	19733

Sec. 4301.421. (A) For the purposes of section 307.696 of	19734
the Revised Code, to pay the expenses of administering the tax,	19735
and to pay any or all of the charge the board of elections makes	19736
against the county to hold the election on the question of levying	19737
the tax, or for those purposes and to provide revenues to the	19738
county for permanent improvements, the board of county	19739
commissioners may levy a tax on the sale of beer at a rate not to	19740
exceed sixteen cents per gallon, on the sale of cider at a rate	19741
not to exceed twenty-four cents per gallon, and on the sale of	19742
wine and mixed beverages at a rate not to exceed thirty-two cents	19743
per gallon. The tax shall be imposed on all beer, cider, wine,	19744
and mixed beverages sold for resale at retail in the county, and	19745
on all beer, cider, wine, and mixed beverages sold at retail in	19746
the county by the manufacturer, bottler, importer, or other person	19747
upon which the tax has not been paid. The tax shall not be levied	19748
on the sale of wine to be used for known sacramental purposes. The	19749
tax may be levied for any number of years not exceeding twenty.	19750
The tax shall be in addition to the taxes imposed by sections	19751
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The	19752
tax shall not be considered a cost in any computation required	19753
under rules of the liquor control commission regulating minimum	19754
prices or mark-ups.	19755

Only one sale of the same article shall be used in computing,	19756
reporting, and paying the amount of tax due.	19757

The tax shall be levied pursuant to a resolution of the	19758
county commissioners approved by a majority of the electors in the	19759
county voting on the question of levying the tax, which resolution	19760
shall specify the rate of the tax, the number of years the tax	19761
will be levied, and the purposes for which the tax is levied. The	19762
election may be held on the date of a general election or special	19763
election held not sooner than seventy-five days after the date the	19764
board certifies its resolution to the board of elections. If	19765
approved by the electors, the tax shall take effect on the first	19766
day of the month specified in the resolution but not sooner than	19767
the first day of the month that is at least sixty days after the	19768
certification of the election results by the board of elections. A	19769
copy of the resolution levying the tax and the certification of	19770
the board of elections shall be certified to the tax commissioner	19771
at least sixty days prior to the date on which the tax is to	19772
become effective.	19773

A resolution under this section may be joined on the ballot	19774
as a single question with a resolution adopted under section	19775
307.697 or 5743.024 of the Revised Code to levy a tax for the same	19776
purposes and for the purpose of paying the expenses of	19777
administering the tax. The form of the ballot in an election held	19778
pursuant to this section shall be as prescribed in section 307.697	19779
of the Revised Code.	19780

(B) The board of county commissioners of a county in which a	19781
tax is imposed under this section on ~~the effective date of this~~	19782
~~amendment~~July19, 1995, may levy a tax for the purpose of section	19783
307.673 of the Revised Code regardless of whether or not the	19784
cooperative agreement authorized under that section has been	19785
entered into prior to the day the resolution adopted under	19786
division (B)(1) or (2) of this section is adopted, and for the	19787
purpose of reimbursing a county for costs incurred in the	19788
construction of a sports facility pursuant to an agreement entered	19789
into by the county under section 307.696 of the Revised Code. The	19790
tax shall be levied and approved in one of the manners prescribed	19791
by division (B)(1) or (2) of this section.	19792

(1) The tax may be levied pursuant to a resolution adopted by	19793
a majority of the members of the board of county commissioners not	19794
later than ~~forty-five days after the effective date of this~~	19795
~~amendment~~September2, 1995. A board of county commissioners	19796
approving a tax under division (B)(1) of this section may approve	19797
a tax under division (D)(1) of section 307.697 or division (C)(1)	19798
of section 5743.024 of the Revised Code at the same time. Subject	19799
to the resolution being submitted to a referendum under sections	19800
305.31 to 305.41 of the Revised Code, the resolution shall take	19801
effect immediately, but the tax levied pursuant to the resolution	19802
shall not be levied prior to the day following the last day the	19803
tax levied pursuant to division (A) of this section may be levied.	19804

(2) The tax may be levied pursuant to a resolution adopted by	19805
a majority of the members of the board of county commissioners not	19806
later than ~~forty-five days after the effective date of this~~	19807
~~amendment~~September2, 1995, and approved by a majority of the	19808
electors of the county voting on the question of levying the tax	19809
at the next succeeding general election following ~~the effective~~	19810
~~date of this amendment~~July19, 1995. The board of county	19811
commissioners shall certify a copy of the resolution to the board	19812
of elections immediately upon adopting a resolution under division	19813
(D)(2) of this section, and the board of elections shall place the	19814
question of levying the tax on the ballot at that election. The	19815
form of the ballot shall be as prescribed by division (C) of	19816
section 307.697 of the Revised Code, except that the phrase	19817
"paying not more than one-half of the costs of providing a sports	19818
facility together with related redevelopment and economic	19819
development projects" shall be replaced by the phrase "paying the	19820
costs of constructing or renovating a sports facility and	19821
reimbursing a county for costs incurred by the county in the	19822
construction of a sports facility," and the phrase ", beginning	19823
.......... (here insert the earliest date the tax would take	19824
effect)" shall be appended after "years." A board of county	19825
commissioners submitting the question of a tax under division	19826
(B)(2) of this section may submit the question of a tax under	19827
division (D)(2) of section 307.697 or division (C)(2) of section	19828
5743.024 of the Revised Code as a single question, and the form of	19829
the ballot shall include each of the proposed taxes.	19830

If approved by a majority of electors voting on the question,	19831
the tax shall take effect on the day specified on the ballot,	19832
which shall not be earlier than the day following the last day the	19833
tax levied pursuant to division (A) of this section may be levied.	19834

The rate of a tax levied pursuant to division (B)(1) or (2)	19835
of this section shall not exceed the rate specified in division	19836
(A) of this section. A tax levied pursuant to division (B)(1) or	19837
(2) of this section may be levied for any number of years not	19838
exceeding twenty.	19839

A board of county commissioners adopting a resolution under	19840
division (B)(1) or (2) of this section shall certify a copy of the	19841
resolution to the tax commissioner immediately upon adoption of	19842
the resolution.	19843

(C) No tax shall be levied under this section on or after the	19844
effective date of the amendment of this section by ....... of the	19845
127th general assembly. This division does not prevent the	19846
collection of any tax levied under this section before that date	19847
so long as that tax remains effective.	19848

Sec. 4301.424. (A) For the purpose of section 351.26 of the	19849
Revised Code and to pay any or all of the charge the board of	19850
elections makes against the county to hold the election on the	19851
question of levying the tax, the board of county commissioners, in	19852
the manner prescribed by division (A) of section 351.26 of the	19853
Revised Code, may levy a tax on each gallon of spirituous liquor;	19854
on the sale of beer; and on the sale of wine and mixed beverages.	19855
The tax on spirituous liquor shall be imposed on spirituous liquor	19856
sold to or purchased by liquor permit holders for resale, and sold	19857
at retail by the division of liquor control, in the county at a	19858
rate not greater than three dollars per gallon; the tax on beer,	19859
wine, and mixed beverages shall be imposed on all beer, wine, and	19860
mixed beverages sold for resale at retail in the county, and on	19861
all beer, wine, and mixed beverages sold at retail in the county	19862
by the manufacturer, bottler, importer, or other person and upon	19863
which the tax has not been paid. The rate of the tax on beer shall	19864
not exceed sixteen cents per gallon, and the rate of the tax on	19865
wine and mixed beverages shall not exceed thirty-two cents per	19866
gallon. Only one sale of the same article shall be used in	19867
computing, reporting, and paying the amount of tax due. The tax	19868
may be levied for any number of years not exceeding twenty.	19869

The tax shall be levied pursuant to a resolution of the board	19870
of county commissioners adopted as prescribed by division (A) of	19871
section 351.26 of the Revised Code and approved by a majority of	19872
the electors in the county voting on the question of levying the	19873
tax. The resolution shall specify the rates of the tax, the number	19874
of years the tax will be levied, and the purposes for which the	19875
tax is levied. Such election may be held on the date of a general	19876
or special election held not sooner than seventy-five days after	19877
the date the board certifies its resolution to the board of	19878
elections. If approved by the electors, the tax takes effect on	19879
the first day of the month specified in the resolution but not	19880
sooner than the first day of the month that is at least sixty days	19881
after the certification of the election results by the board of	19882
elections. A copy of the resolution levying the tax shall be	19883
certified to the division of liquor control and the tax	19884
commissioner at least sixty days prior to the date on which the	19885
tax is to become effective.	19886

(B) A resolution under this section may be joined on the	19887
ballot as a single question with a resolution adopted under	19888
section 5743.026 of the Revised Code to levy a tax for the same	19889
purposes, and for the purpose of paying the expenses of	19890
administering that tax.	19891

(C) The form of the ballot in an election held on the	19892
question of levying a tax proposed pursuant to this section shall	19893
be as prescribed by section 351.26 of the Revised Code.	19894

(D) No tax shall be levied under this section on or after the	19895
effective date of the amendment of this section by the capital	19896
appropriations act of the 127th general assembly. This division	19897
does not prevent the collection of any tax levied under this	19898
section before that date so long as that tax remains effective.	19899

Sec. 4301.62. (A) As used in this section:

19900

(1) "Chauffeured limousine" means a vehicle registered under	19901
section 4503.24 of the Revised Code.	19902

(2) "Street," "highway," and "motor vehicle" have the same	19903
meanings as in section 4511.01 of the Revised Code.	19904

(B) No person shall have in the person's possession an opened	19905
container of beer or intoxicating liquor in any of the following	19906
circumstances:	19907

(1) In a state liquor store;

19908

(2) Except as provided in division (C) of this section, on	19909
the premises of the holder of any permit issued by the division of	19910
liquor control;	19911

(3) In any other public place;

19912

(4) Except as provided in division (D) or (E) of this	19913
section, while operating or being a passenger in or on a motor	19914
vehicle on any street, highway, or other public or private	19915
property open to the public for purposes of vehicular travel or	19916
parking;	19917

(5) Except as provided in division (D) or (E) of this	19918
section, while being in or on a stationary motor vehicle on any	19919
street, highway, or other public or private property open to the	19920
public for purposes of vehicular travel or parking.	19921

(C)(1) A person may have in the person's possession an opened	19922
container of any of the following:	19923

(a) Beer or intoxicating liquor that has been lawfully	19924
purchased for consumption on the premises where bought from the	19925
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	19926
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	19927
D-5k, D-7, D-8, E, F, F-2, or F-5 permit;	19928

(b) Beer, wine, or mixed beverages served for consumption on	19929
the premises by the holder of an F-3 permit or wine served for	19930
consumption on the premises by the holder of an F-4 or F-6 permit;	19931

(c) Beer or intoxicating liquor consumed on the premises of a	19932
convention facility as provided in section 4303.201 of the Revised	19933
Code;	19934

(d) Beer or intoxicating liquor to be consumed during	19935
tastings and samplings approved by rule of the liquor control	19936
commission.	19937

(2) A person may have in the person's possession on an F	19938
liquor permit premises an opened container of beer or intoxicating	19939
liquor that was not purchased from the holder of the F permit if	19940
the premises for which the F permit is issued is a music festival	19941
and the holder of the F permit grants permission for that	19942
possession on the premises during the period for which the F	19943
permit is issued. As used in this division, "music festival" means	19944
a series of outdoor live musical performances, extending for a	19945
period of at least three consecutive days and located on an area	19946
of land of at least forty acres.	19947

(3)(a) A person may have in the person's possession on a D-2	19948
liquor permit premises an opened or unopened container of wine	19949
that was not purchased from the holder of the D-2 permit if the	19950
premises for which the D-2 permit is issued is an outdoor	19951
performing arts center, the person is attending an orchestral	19952
performance, and the holder of the D-2 permit grants permission	19953
for the possession and consumption of wine in certain	19954
predesignated areas of the premises during the period for which	19955
the D-2 permit is issued.	19956

(b) As used in division (C)(3)(a) of this section:

19957

(i) "Orchestral performance" means a concert comprised of a	19958
group of not fewer than forty musicians playing various musical	19959
instruments.	19960

(ii) "Outdoor performing arts center" means an outdoor	19961
performing arts center that is located on not less than eight	19962
hundred acres of land and that is open for performances from the	19963
first day of April to the last day of October of each year.	19964

(D) This section does not apply to a person who pays all or a	19965
portion of the fee imposed for the use of a chauffeured limousine	19966
pursuant to a prearranged contract, or the guest of the person,	19967
when all of the following apply:	19968

(1) The person or guest is a passenger in the limousine.

19969

(2) The person or guest is located in the limousine, but is	19970
not occupying a seat in the front compartment of the limousine	19971
where the operator of the limousine is located.	19972

(3) The limousine is located on any street, highway, or other	19973
public or private property open to the public for purposes of	19974
vehicular travel or parking.	19975

(E) An opened bottle of wine that was purchased from the	19976
holder of a permit that authorizes the sale of wine for	19977
consumption on the premises where sold is not an opened container	19978
for the purposes of this section if both of the following apply:	19979

(1) The opened bottle of wine is securely resealed by the	19980
permit holder or an employee of the permit holder before the	19981
bottle is removed from the premises. The bottle shall be secured	19982
in such a manner that it is visibly apparent if the bottle has	19983
been subsequently opened or tampered with.	19984

(2) The opened bottle of wine that is resealed in accordance	19985
with division (E)(1) of this section is stored in the trunk of a	19986
motor vehicle or, if the motor vehicle does not have a trunk,	19987
behind the last upright seat or in an area not normally occupied	19988
by the driver or passengers and not easily accessible by the	19989
driver.	19990

Sec. 4303.041. An A-3a permit may be issued to a distiller	19991
that manufactures less than ten thousand gallons of spirituous	19992
liquor per year. An A-3a permit holder may sell to a personal	19993
consumer, in sealed containers for consumption off the premises	19994
where manufactured, spirituous liquor that the permit holder	19995
manufactures, but sales to the personal consumer may occur only by	19996
an in-person transaction at the permit premises. The A-3a permit	19997
holder shall not ship, send, or use an H permit holder to deliver	19998
spirituous liquor to the personal consumer.	19999

"Distiller" means a person in this state who mashes,	20000
ferments, distills, and ages spirituous liquor.	20001

Not more than one A-3a permit may be issued per county and	20002
only in a county with a population exceeding eight hundred	20003
thousand.	20004

An A-3a permit holder shall sell not more than one and	20005
one-half liters of spirituous liquor per day from the permit	20006
premises to the same personal consumer.	20007

An A-3a permit holder may sell spirituous liquor in sealed	20008
containers for consumption off the premises where manufactured as	20009
an independent contractor under agreement, by virtue of the	20010
permit, with the division of liquor control. The price at which	20011
the A-3a permit holder shall sell each spirituous liquor product	20012
to a personal consumer is to be determined by the division of	20013
liquor control. For an A-3a permit holder to purchase and then	20014
offer spirituous liquor for retail sale, the spirituous liquor	20015
need not first leave the physical possession of the A-3a permit	20016
holder to be so registered. The spirituous liquor that the A-3a	20017
permit holder buys from the division of liquor control shall be	20018
maintained in a separate area of the permit premises for sale to	20019
personal consumers. The A-3a permit holder shall sell such	20020
spirituous liquor in sealed containers for consumption off the	20021
premises where manufactured as an independent contractor by virtue	20022
of the permit issued by the division of liquor control, but the	20023
permit holder shall not be compensated as provided in division	20024
(A)(1) of section 4301.17 of the Revised Code. Each A-3a permit	20025
holder shall be subject to audit by the division of liquor	20026
control.	20027

The fee for the A-3a permit is three thousand nine hundred	20028
six dollars for each plant, but if the production capacity of a	20029
plant is less than five hundred wine barrels of fifty gallons each	20030
annually, the fee is two dollars per barrel.	20031

The holder of an A-3a permit may also exercise the same	20032
privileges as the holder of an A-3 permit.	20033

Sec. 4303.182. (A) Except as otherwise provided in divisions	20034
(B) to (J) of this section, permit D-6 shall be issued to the	20035
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	20036
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	20037
D-5k, or D-7 permit to allow sale under that permit between the	20038
hours of ten a.m. and midnight, or between the hours of one p.m.	20039
and midnight, on Sunday, as applicable, if that sale has been	20040
authorized under section 4301.361, 4301.364, 4301.365, or	20041
4301.366 of the Revised Code and under the restrictions of that	20042
authorization.	20043

(B) Permit D-6 shall be issued to the holder of any permit,	20044
including a D-4a and D-5d permit, authorizing the sale of	20045
intoxicating liquor issued for a premises located at any publicly	20046
owned airport, as defined in section 4563.01 of the Revised Code,	20047
at which commercial airline companies operate regularly scheduled	20048
flights on which space is available to the public, to allow sale	20049
under such permit between the hours of ten a.m. and midnight on	20050
Sunday, whether or not that sale has been authorized under section	20051
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	20052

(C) Permit D-6 shall be issued to the holder of a D-5a	20053
permit, and to the holder of a D-3 or D-3a permit who is the owner	20054
or operator of a hotel or motel that is required to be licensed	20055
under section 3731.03 of the Revised Code, that contains at least	20056
fifty rooms for registered transient guests, and that has on its	20057
premises a retail food establishment or a food service operation	20058
licensed pursuant to Chapter 3717. of the Revised Code that	20059
operates as a restaurant for purposes of this chapter and is	20060
affiliated with the hotel or motel and within or contiguous to the	20061
hotel or motel and serving food within the hotel or motel, to	20062
allow sale under such permit between the hours of ten a.m. and	20063
midnight on Sunday, whether or not that sale has been authorized	20064
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	20065
Revised Code.	20066

(D) The holder of a D-6 permit that is issued to a sports	20067
facility may make sales under the permit between the hours of	20068
eleven a.m. and midnight on any Sunday on which a professional	20069
baseball, basketball, football, hockey, or soccer game is being	20070
played at the sports facility. As used in this division, "sports	20071
facility" means a stadium or arena that has a seating capacity of	20072
at least four thousand and that is owned or leased by a	20073
professional baseball, basketball, football, hockey, or soccer	20074
franchise or any combination of those franchises.	20075

(E) Permit D-6 shall be issued to the holder of any permit	20076
that authorizes the sale of beer or intoxicating liquor and that	20077
is issued to a premises located in or at the Ohio historical	20078
society area or the state fairgrounds, as defined in division (B)	20079
of section 4301.40 of the Revised Code, to allow sale under that	20080
permit between the hours of ten a.m. and midnight on Sunday,	20081
whether or not that sale has been authorized under section	20082
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	20083

(F) Permit D-6 shall be issued to the holder of any permit	20084
that authorizes the sale of intoxicating liquor and that is issued	20085
to an outdoor performing arts center to allow sale under that	20086
permit between the hours of one p.m. and midnight on Sunday,	20087
whether or not that sale has been authorized under section	20088
4301.361 of the Revised Code. A D-6 permit issued under this	20089
division is subject to the results of an election, held after the	20090
D-6 permit is issued, on question (B)(4) as set forth in section	20091
4301.351 of the Revised Code. Following the end of the period	20092
during which an election may be held on question (B)(4) as set	20093
forth in that section, sales of intoxicating liquor may continue	20094
at an outdoor performing arts center under a D-6 permit issued	20095
under this division, unless an election on that question is held	20096
during the permitted period and a majority of the voters voting in	20097
the precinct on that question vote "no."	20098

As used in this division, "outdoor performing arts center"	20099
means an outdoor performing arts center that is located on not	20100
less than eight hundred acres of land and that is open for	20101
performances from the first day of April to the last day of	20102
October of each year.	20103

(G) Permit D-6 shall be issued to the holder of any permit	20104
that authorizes the sale of beer or intoxicating liquor and that	20105
is issued to a golf course owned by the state, a conservancy	20106
district, a park district created under Chapter 1545. of the	20107
Revised Code, or another political subdivision to allow sale under	20108
that permit between the hours of ten a.m. and midnight on Sunday,	20109
whether or not that sale has been authorized under section	20110
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	20111

(H) Permit D-6 shall be issued to the holder of a D-5g permit	20112
to allow sale under that permit between the hours of ten a.m. and	20113
midnight on Sunday, whether or not that sale has been authorized	20114
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	20115
Revised Code.	20116

(I) Permit D-6 shall be issued to the holder of any D permit	20117
for a premises that is licensed under Chapter 3717. of the Revised	20118
Code and that is located at a ski area to allow sale under the D-6	20119
permit between the hours of ten a.m. and midnight on Sunday,	20120
whether or not that sale has been authorized under section	20121
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	20122

As used in this division, "ski area" means a ski area as	20123
defined in section 4169.01 of the Revised Code, provided that the	20124
passenger tramway operator at that area is registered under	20125
section 4169.03 of the Revised Code.	20126

(J) Permit D-6 shall be issued to the holder of a D-5j permit	20127
for a permit premises that is located in a community entertainment	20128
district, as defined in section 4301.80 of the Revised Code, that	20129
was approved by the legislative authority of a municipal	20130
corporation under that section between October 1 and October 15,	20131
2005, to allow sale under the permit between the hours of ten a.m.	20132
and midnight on Sunday, whether or not that sale has been	20133
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	20134
of the Revised Code.	20135

(K) If the restriction to licensed premises where the sale of	20136
food and other goods and services exceeds fifty per cent of the	20137
total gross receipts of the permit holder at the premises is	20138
applicable, the division of liquor control may accept an affidavit	20139
from the permit holder to show the proportion of the permit	20140
holder's gross receipts derived from the sale of food and other	20141
goods and services. If the liquor control commission determines	20142
that affidavit to have been false, it shall revoke the permits of	20143
the permit holder at the premises concerned.	20144

(L) The fee for the D-6 permit is five hundred dollars when	20145
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	20146
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	20147
D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6 permit is	20148
four hundred dollars when it is issued to the holder of a C-2	20149
permit.	20150

Sec. 4303.25. No person personally or by the person's	20151
clerk, agent, or employee shall manufacture, manufacture for	20152
sale, offer, keep, or possess for sale, furnish or sell, or	20153
solicit the purchase or sale of any beer or intoxicating liquor	20154
in this state, or transport, import, or cause to be transported	20155
or imported any beer, intoxicating liquor, or alcohol in or into	20156
this state for delivery, use, or sale, unless the person has	20157
fully complied with this chapter and Chapter 4301. of the Revised	20158
Code or is the holder of a permit issued by the division of	20159
liquor control and in force at the time.	20160

The superintendent of liquor control may adopt rules	20161
requiring a person acting as an agent, solicitor, or salesperson	20162
for a manufacturer, supplier, broker, or wholesale distributor,	20163
who solicits permit holders authorized to deal in beer and	20164
intoxicating liquor, to be registered with the division and may	20165
cite the registrant to the liquor control commission for a	20166
violation of this chapter, Chapter 4301. of the Revised Code, or	20167
the rules adopted by the commission or superintendent.	20168

~~No manufacturer, supplier, wholesale distributor, broker, or~~	20169
~~retailer of beer or intoxicating liquor, or other person shall~~	20170
~~employ, retain, or otherwise utilize any person in this state to~~	20171
~~act as an employee, agent, solicitor, or salesperson, or act in~~	20172
~~any other representative capacity to sell, solicit, take orders,~~	20173
~~or receive offers to purchase or expressions of interest to~~	20174
~~purchase beer or intoxicating liquor from any person, at any~~	20175
~~location other than a liquor permit premises, except as~~	20176
~~specifically authorized by Chapter 4301. or 4303. of the Revised~~	20177
~~Code or rules adopted thereunder. No function, event, or party~~	20178
~~shall take place at any location other than a liquor permit~~	20179
~~premises where any person acts in any manner to sell, solicit,~~	20180
~~take orders, or receive offers to purchase or expressions of~~	20181
~~intent to purchase beer or intoxicating liquor to or from any~~	20182
~~person, except as specifically authorized by Chapter 4301. or~~	20183
~~4303. of the Revised Code or rules adopted thereunder.~~	20184

Sec. 4510.10. (A) As used in this section, "reinstatement	20185
fees" means the fees that are required under section 4507.1612,	20186
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	20187
provision of the Revised Code, or under a schedule established by	20188
the bureau of motor vehicles, in order to reinstate a driver's or	20189
commercial driver's license or permit or nonresident operating	20190
privilege of an offender under a suspension.	20191

(B) Reinstatement fees are those fees that compensate the	20192
bureau of motor vehicles for suspensions, cancellations, or	20193
disqualifications of a person's driving privileges and to	20194
compensate the bureau and other agencies in their administration	20195
of programs intended to reduce and eliminate threats to public	20196
safety through education, treatment, and other activities. The	20197
registrar of motor vehicles shall not reinstate a driver's or	20198
commercial driver's license or permit or nonresident operating	20199
privilege of a person until the person has paid all reinstatement	20200
fees and has complied with all conditions for each suspension,	20201
cancellation, or disqualification incurred by that person.	20202

(C) AnWhen a municipal court or county court determines in a	20203
pending case involving an offender that the offender cannot	20204
reasonably pay reinstatement fees due and owing by the offender	20205
relative to one or more suspensions that have been or will be	20206
imposed by the bureau of motor vehicles or by a court of this	20207
state, the court, by order, may undertake an installment payment	20208
plan or a payment extension plan for the payment of reinstatement	20209
fees due and owing to the bureau in that pending case. The court	20210
shall establish an installment payment plan or a payment	20211
extension plan under this division in accordance with the	20212
requirements of divisions (D)(1) and (2) of this section.	20213

(D) Independent of the provisions of division (C) of this	20214
section, an offender who cannot reasonably pay reinstatement fees	20215
due and owing by the offender relative to a suspension that has	20216
been imposed on the offender may file a petition in the municipal	20217
court, county court, or, if the person is under the age of	20218
eighteen, the juvenile division of the court of common pleas in	20219
whose jurisdiction the person resides or, if the person is not a	20220
resident of this state, in the Franklin county municipal court or	20221
juvenile division of the Franklin county court of common pleas for	20222
an order that does either of the following, in order of	20223
preference:	20224

(1) Establishes a reasonable payment plan of not less than	20225
fifty dollars per month, to be paid by the offender to the bureau	20226
of motor vehicles in all succeeding months until all reinstatement	20227
fees required of the offender are paid in full;	20228

(2) If the offender, but for the payment of the reinstatement	20229
fees, otherwise would be entitled to operate a vehicle in this	20230
state or to obtain reinstatement of the offender's operating	20231
privileges, permits the offender to operate a motor vehicle, as	20232
authorized by the court, until a future date upon which date all	20233
reinstatement fees must be paid in full. A payment extension	20234
granted under this division shall not exceed one hundred eighty	20235
days, and any operating privileges granted under this division	20236
shall be solely for the purpose of permitting the offender	20237
occupational or "family necessity" privileges in order to enable	20238
the offender to reasonably acquire the delinquent reinstatement	20239
fees due and owing.	20240

~~(D)~~(E) If a municipal court, county court, or juvenile	20241
division enters an order of the type described in division (C) or	20242
division (D)(1) or (2) of this section, the court, at any time	20243
after the issuance of the order, may determine that a change of	20244
circumstances has occurred and may amend the order as justice	20245
requires, provided that the amended order also shall be an order	20246
that is permitted under division (C) or division (D)(1) or (2) of	20247
this section.	20248

~~(E)~~(F) If a court enters an order of the type described in	20249
division (C), (D)(1), ~~(C)~~(D)(2), or ~~(D)~~(E) of this section, during	20250
the pendency of the order, the offender in relation to whom it	20251
applies is not subject to prosecution for failing to pay the	20252
reinstatement fees covered by the order.	20253

~~(F)~~(G) Reinstatement fees are debts that may be discharged in	20254
bankruptcy.	20255

Sec. 4511.01. As used in this chapter and in Chapter 4513.	20256
of the Revised Code:	20257

(A) "Vehicle" means every device, including a motorized	20258
bicycle, in, upon, or by which any person or property may be	20259
transported or drawn upon a highway, except that "vehicle" does	20260
not include any motorized wheelchair, any electric personal	20261
assistive mobility device, any device that is moved by power	20262
collected from overhead electric trolley wires or that is used	20263
exclusively upon stationary rails or tracks, or any device, other	20264
than a bicycle, that is moved by human power.	20265

(B) "Motor vehicle" means every vehicle propelled or drawn by	20266
power other than muscular power or power collected from overhead	20267
electric trolley wires, except motorized bicycles, road rollers,	20268
traction engines, power shovels, power cranes, and other equipment	20269
used in construction work and not designed for or employed in	20270
general highway transportation, hole-digging machinery,	20271
well-drilling machinery, ditch-digging machinery, farm machinery,	20272
and trailers designed and used exclusively to transport a boat	20273
between a place of storage and a marina, or in and around a	20274
marina, when drawn or towed on a street or highway for a distance	20275
of no more than ten miles and at a speed of twenty-five miles per	20276
hour or less.	20277

(C) "Motorcycle" means every motor vehicle, other than a	20278
tractor, having a seat or saddle for the use of the operator and	20279
designed to travel on not more than three wheels in contact with	20280
the ground, including, but not limited to, motor vehicles known as	20281
"motor-driven cycle," "motor scooter," or "motorcycle" without	20282
regard to weight or brake horsepower.	20283

(D) "Emergency vehicle" means emergency vehicles of	20284
municipal, township, or county departments or public utility	20285
corporations when identified as such as required by law, the	20286
director of public safety, or local authorities, and motor	20287
vehicles when commandeered by a police officer.	20288

(E) "Public safety vehicle" means any of the following:

20289

(1) Ambulances, including private ambulance companies under	20290
contract to a municipal corporation, township, or county, and	20291
private ambulances and nontransport vehicles bearing license	20292
plates issued under section 4503.49 of the Revised Code;	20293

(2) Motor vehicles used by public law enforcement officers or	20294
other persons sworn to enforce the criminal and traffic laws of	20295
the state;	20296

(3) Any motor vehicle when properly identified as required by	20297
the director of public safety, when used in response to fire	20298
emergency calls or to provide emergency medical service to ill or	20299
injured persons, and when operated by a duly qualified person who	20300
is a member of a volunteer rescue service or a volunteer fire	20301
department, and who is on duty pursuant to the rules or directives	20302
of that service. The state fire marshal shall be designated by the	20303
director of public safety as the certifying agency for all public	20304
safety vehicles described in division (E)(3) of this section.	20305

(4) Vehicles used by fire departments, including motor	20306
vehicles when used by volunteer fire fighters responding to	20307
emergency calls in the fire department service when identified as	20308
required by the director of public safety.	20309

Any vehicle used to transport or provide emergency medical	20310
service to an ill or injured person, when certified as a public	20311
safety vehicle, shall be considered a public safety vehicle when	20312
transporting an ill or injured person to a hospital regardless of	20313
whether such vehicle has already passed a hospital.	20314

(5) Vehicles used by the motor carrier enforcement unit for	20315
the enforcement of orders and rules of the public utilities	20316
commission as specified in section 5503.34 of the Revised Code.	20317

(F) "School bus" means every bus designed for carrying more	20318
than nine passengers that is owned by a public, private, or	20319
governmental agency or institution of learning and operated for	20320
the transportation of children to or from a school session or a	20321
school function, or owned by a private person and operated for	20322
compensation for the transportation of children to or from a	20323
school session or a school function, provided "school bus" does	20324
not include a bus operated by a municipally owned transportation	20325
system, a mass transit company operating exclusively within the	20326
territorial limits of a municipal corporation, or within such	20327
limits and the territorial limits of municipal corporations	20328
immediately contiguous to such municipal corporation, nor a common	20329
passenger carrier certified by the public utilities commission	20330
unless such bus is devoted exclusively to the transportation of	20331
children to and from a school session or a school function, and	20332
"school bus" does not include a van or bus used by a licensed	20333
child day-care center or type A family day-care home to transport	20334
children from the child day-care center or type A family day-care	20335
home to a school if the van or bus does not have more than fifteen	20336
children in the van or bus at any time.	20337

(G) "Bicycle" means every device, other than a tricycle	20338
designed solely for use as a play vehicle by a child, propelled	20339
solely by human power upon which any person may ride having either	20340
two tandem wheels, or one wheel in the front and two wheels in the	20341
rear, any of which is more than fourteen inches in diameter.	20342

(H) "Motorized bicycle" means any vehicle having either two	20343
tandem wheels or one wheel in the front and two wheels in the	20344
rear, that is capable of being pedaled and is equipped with a	20345
helper motor of not more than fifty cubic centimeters piston	20346
displacement that produces no more than one brake horsepower and	20347
is capable of propelling the vehicle at a speed of no greater than	20348
twenty miles per hour on a level surface.	20349

(I) "Commercial tractor" means every motor vehicle having	20350
motive power designed or used for drawing other vehicles and not	20351
so constructed as to carry any load thereon, or designed or used	20352
for drawing other vehicles while carrying a portion of such other	20353
vehicles, or load thereon, or both.	20354

(J) "Agricultural tractor" means every self-propelling	20355
vehicle designed or used for drawing other vehicles or wheeled	20356
machinery but having no provision for carrying loads independently	20357
of such other vehicles, and used principally for agricultural	20358
purposes.	20359

(K) "Truck" means every motor vehicle, except trailers and	20360
semitrailers, designed and used to carry property.	20361

(L) "Bus" means every motor vehicle designed for carrying	20362
more than nine passengers and used for the transportation of	20363
persons other than in a ridesharing arrangement, and every motor	20364
vehicle, automobile for hire, or funeral car, other than a taxicab	20365
or motor vehicle used in a ridesharing arrangement, designed and	20366
used for the transportation of persons for compensation.	20367

(M) "Trailer" means every vehicle designed or used for	20368
carrying persons or property wholly on its own structure and for	20369
being drawn by a motor vehicle, including any such vehicle when	20370
formed by or operated as a combination of a "semitrailer" and a	20371
vehicle of the dolly type, such as that commonly known as a	20372
"trailer dolly," a vehicle used to transport agricultural produce	20373
or agricultural production materials between a local place of	20374
storage or supply and the farm when drawn or towed on a street or	20375
highway at a speed greater than twenty-five miles per hour, and a	20376
vehicle designed and used exclusively to transport a boat between	20377
a place of storage and a marina, or in and around a marina, when	20378
drawn or towed on a street or highway for a distance of more than	20379
ten miles or at a speed of more than twenty-five miles per hour.	20380

(N) "Semitrailer" means every vehicle designed or used for	20381
carrying persons or property with another and separate motor	20382
vehicle so that in operation a part of its own weight or that of	20383
its load, or both, rests upon and is carried by another vehicle.	20384

(O) "Pole trailer" means every trailer or semitrailer	20385
attached to the towing vehicle by means of a reach, pole, or by	20386
being boomed or otherwise secured to the towing vehicle, and	20387
ordinarily used for transporting long or irregular shaped loads	20388
such as poles, pipes, or structural members capable, generally, of	20389
sustaining themselves as beams between the supporting connections.	20390

(P) "Railroad" means a carrier of persons or property	20391
operating upon rails placed principally on a private right-of-way.	20392

(Q) "Railroad train" means a steam engine or an electric or	20393
other motor, with or without cars coupled thereto, operated by a	20394
railroad.	20395

(R) "Streetcar" means a car, other than a railroad train, for	20396
transporting persons or property, operated upon rails principally	20397
within a street or highway.	20398

(S) "Trackless trolley" means every car that collects its	20399
power from overhead electric trolley wires and that is not	20400
operated upon rails or tracks.	20401

(T) "Explosives" means any chemical compound or mechanical	20402
mixture that is intended for the purpose of producing an explosion	20403
that contains any oxidizing and combustible units or other	20404
ingredients in such proportions, quantities, or packing that an	20405
ignition by fire, by friction, by concussion, by percussion, or by	20406
a detonator of any part of the compound or mixture may cause such	20407
a sudden generation of highly heated gases that the resultant	20408
gaseous pressures are capable of producing destructive effects on	20409
contiguous objects, or of destroying life or limb. Manufactured	20410
articles shall not be held to be explosives when the individual	20411
units contain explosives in such limited quantities, of such	20412
nature, or in such packing, that it is impossible to procure a	20413
simultaneous or a destructive explosion of such units, to the	20414
injury of life, limb, or property by fire, by friction, by	20415
concussion, by percussion, or by a detonator, such as fixed	20416
ammunition for small arms, firecrackers, or safety fuse matches.	20417

(U) "Flammable liquid" means any liquid that has a flash	20418
point of seventy degrees fahrenheit, or less, as determined by a	20419
tagliabue or equivalent closed cup test device.	20420

(V) "Gross weight" means the weight of a vehicle plus the	20421
weight of any load thereon.	20422

(W) "Person" means every natural person, firm,	20423
co-partnership, association, or corporation.	20424

(X) "Pedestrian" means any natural person afoot.

20425

(Y) "Driver or operator" means every person who drives or is	20426
in actual physical control of a vehicle, trackless trolley, or	20427
streetcar.	20428

(Z) "Police officer" means every officer authorized to direct	20429
or regulate traffic, or to make arrests for violations of traffic	20430
regulations.	20431

(AA) "Local authorities" means every county, municipal, and	20432
other local board or body having authority to adopt police	20433
regulations under the constitution and laws of this state.	20434

(BB) "Street" or "highway" means the entire width between the	20435
boundary lines of every way open to the use of the public as a	20436
thoroughfare for purposes of vehicular travel.	20437

(CC) "Controlled-access highway" means every street or	20438
highway in respect to which owners or occupants of abutting lands	20439
and other persons have no legal right of access to or from the	20440
same except at such points only and in such manner as may be	20441
determined by the public authority having jurisdiction over such	20442
street or highway.	20443

(DD) "Private road or driveway" means every way or place in	20444
private ownership used for vehicular travel by the owner and those	20445
having express or implied permission from the owner but not by	20446
other persons.	20447

(EE) "Roadway" means that portion of a highway improved,	20448
designed, or ordinarily used for vehicular travel, except the berm	20449
or shoulder. If a highway includes two or more separate roadways	20450
the term "roadway" means any such roadway separately but not all	20451
such roadways collectively.	20452

(FF) "Sidewalk" means that portion of a street between the	20453
curb lines, or the lateral lines of a roadway, and the adjacent	20454
property lines, intended for the use of pedestrians.	20455

(GG) "Laned highway" means a highway the roadway of which is	20456
divided into two or more clearly marked lanes for vehicular	20457
traffic.	20458

(HH) "Through highway" means every street or highway as	20459
provided in section 4511.65 of the Revised Code.	20460

(II) "State highway" means a highway under the jurisdiction	20461
of the department of transportation, outside the limits of	20462
municipal corporations, provided that the authority conferred upon	20463
the director of transportation in section 5511.01 of the Revised	20464
Code to erect state highway route markers and signs directing	20465
traffic shall not be modified by sections 4511.01 to 4511.79 and	20466
4511.99 of the Revised Code.	20467

(JJ) "State route" means every highway that is designated	20468
with an official state route number and so marked.	20469

(KK) "Intersection" means:

20470

(1) The area embraced within the prolongation or connection	20471
of the lateral curb lines, or, if none, then the lateral boundary	20472
lines of the roadways of two highways which join one another at,	20473
or approximately at, right angles, or the area within which	20474
vehicles traveling upon different highways joining at any other	20475
angle may come in conflict.	20476

(2) Where a highway includes two roadways thirty feet or more	20477
apart, then every crossing of each roadway of such divided highway	20478
by an intersecting highway shall be regarded as a separate	20479
intersection. If an intersecting highway also includes two	20480
roadways thirty feet or more apart, then every crossing of two	20481
roadways of such highways shall be regarded as a separate	20482
intersection.	20483

(3) The junction of an alley with a street or highway, or	20484
with another alley, shall not constitute an intersection.	20485

(LL) "Crosswalk" means:

20486

(1) That part of a roadway at intersections ordinarily	20487
included within the real or projected prolongation of property	20488
lines and curb lines or, in the absence of curbs, the edges of the	20489
traversable roadway;	20490

(2) Any portion of a roadway at an intersection or elsewhere,	20491
distinctly indicated for pedestrian crossing by lines or other	20492
markings on the surface;	20493

(3) Notwithstanding divisions (LL)(1) and (2) of this	20494
section, there shall not be a crosswalk where local authorities	20495
have placed signs indicating no crossing.	20496

(MM) "Safety zone" means the area or space officially set	20497
apart within a roadway for the exclusive use of pedestrians and	20498
protected or marked or indicated by adequate signs as to be	20499
plainly visible at all times.	20500

(NN) "Business district" means the territory fronting upon a	20501
street or highway, including the street or highway, between	20502
successive intersections within municipal corporations where fifty	20503
per cent or more of the frontage between such successive	20504
intersections is occupied by buildings in use for business, or	20505
within or outside municipal corporations where fifty per cent or	20506
more of the frontage for a distance of three hundred feet or more	20507
is occupied by buildings in use for business, and the character of	20508
such territory is indicated by official traffic control devices.	20509

(OO) "Residence district" means the territory, not comprising	20510
a business district, fronting on a street or highway, including	20511
the street or highway, where, for a distance of three hundred feet	20512
or more, the frontage is improved with residences or residences	20513
and buildings in use for business.	20514

(PP) "Urban district" means the territory contiguous to and	20515
including any street or highway which is built up with structures	20516
devoted to business, industry, or dwelling houses situated at	20517
intervals of less than one hundred feet for a distance of a	20518
quarter of a mile or more, and the character of such territory is	20519
indicated by official traffic control devices.	20520

(QQ) "Traffic control devices" means all flaggers, signs,	20521
signals, markings, and devices placed or erected by authority of a	20522
public body or official having jurisdiction, for the purpose of	20523
regulating, warning, or guiding traffic, including signs denoting	20524
names of streets and highways.	20525

(RR) "Traffic control signal" means any device, whether	20526
manually, electrically, or mechanically operated, by which traffic	20527
is alternately directed to stop, to proceed, to change direction,	20528
or not to change direction.	20529

(SS) "Railroad sign or signal" means any sign, signal, or	20530
device erected by authority of a public body or official or by a	20531
railroad and intended to give notice of the presence of railroad	20532
tracks or the approach of a railroad train.	20533

(TT) "Traffic" means pedestrians, ridden or herded animals,	20534
vehicles, streetcars, trackless trolleys, and other devices,	20535
either singly or together, while using any highway for purposes of	20536
travel.	20537

(UU) "Right-of-way" means either of the following, as the	20538
context requires:	20539

(1) The right of a vehicle, streetcar, trackless trolley, or	20540
pedestrian to proceed uninterruptedly in a lawful manner in the	20541
direction in which it or the individual is moving in preference to	20542
another vehicle, streetcar, trackless trolley, or pedestrian	20543
approaching from a different direction into its or the	20544
individual's path;	20545

(2) A general term denoting land, property, or the interest	20546
therein, usually in the configuration of a strip, acquired for or	20547
devoted to transportation purposes. When used in this context,	20548
right-of-way includes the roadway, shoulders or berm, ditch, and	20549
slopes extending to the right-of-way limits under the control of	20550
the state or local authority.	20551

(VV) "Rural mail delivery vehicle" means every vehicle used	20552
to deliver United States mail on a rural mail delivery route.	20553

(WW) "Funeral escort vehicle" means any motor vehicle,	20554
including a funeral hearse, while used to facilitate the movement	20555
of a funeral procession.	20556

(XX) "Alley" means a street or highway intended to provide	20557
access to the rear or side of lots or buildings in urban districts	20558
and not intended for the purpose of through vehicular traffic, and	20559
includes any street or highway that has been declared an "alley"	20560
by the legislative authority of the municipal corporation in which	20561
such street or highway is located.	20562

(YY) "Freeway" means a divided multi-lane highway for through	20563
traffic with all crossroads separated in grade and with full	20564
control of access.	20565

(ZZ) "Expressway" means a divided arterial highway for	20566
through traffic with full or partial control of access with an	20567
excess of fifty per cent of all crossroads separated in grade.	20568

(AAA) "Thruway" means a through highway whose entire roadway	20569
is reserved for through traffic and on which roadway parking is	20570
prohibited.	20571

(BBB) "Stop intersection" means any intersection at one or	20572
more entrances of which stop signs are erected.	20573

(CCC) "Arterial street" means any United States or state	20574
numbered route, controlled access highway, or other major radial	20575
or circumferential street or highway designated by local	20576
authorities within their respective jurisdictions as part of a	20577
major arterial system of streets or highways.	20578

(DDD) "Ridesharing arrangement" means the transportation of	20579
persons in a motor vehicle where such transportation is incidental	20580
to another purpose of a volunteer driver and includes ridesharing	20581
arrangements known as carpools, vanpools, and buspools.	20582

(EEE) "Motorized wheelchair" means any self-propelled vehicle	20583
designed for, and used by, a handicapped person and that is	20584
incapable of a speed in excess of eight miles per hour.	20585

(FFF) "Child day-care center" and "type A family day-care	20586
home" have the same meanings as in section 5104.01 of the Revised	20587
Code.	20588

(GGG) "Multi-wheel agricultural tractor" means a type of	20589
agricultural tractor that has two or more wheels or tires on each	20590
side of one axle at the rear of the tractor, is designed or used	20591
for drawing other vehicles or wheeled machinery, has no provision	20592
for carrying loads independently of the drawn vehicles or	20593
machinery, and is used principally for agricultural purposes.	20594

(HHH) "Operate" means to cause or have caused movement of a	20595
vehicle, streetcar, or trackless trolley.	20596

(III) "Predicate motor vehicle or traffic offense" means any	20597
of the following:	20598

(1) A violation of section 4511.03, 4511.051, 4511.12,	20599
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	20600
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	20601
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	20602
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	20603
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	20604
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	20605
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	20606
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	20607
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	20608
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	20609

(2) A violation of division (A)(2) of section 4511.17,	20610
divisions (A) to (D) of section 4511.51, or division (A) of	20611
section 4511.74 of the Revised Code;	20612

(3) A violation of any provision of sections 4511.01 to	20613
4511.76 of the Revised Code for which no penalty otherwise is	20614
provided in the section that contains the provision violated;	20615

(4) A violation of a municipal ordinance that is	20616
substantially similar to any section or provision set forth or	20617
described in division (III)(1), (2), or (3) of this section.	20618

Sec. 4511.101. (A) The director of transportation, in	20619
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,	20620
shall establish a program for the placement of business logos for	20621
identification purposes on state directional signs within the	20622
rights-of-way of divided, multi-lane, limited access highways in	20623
both rural and urban areas.	20624

(B)(1) The director shall establish, and may revise at any	20625
time, a fee for participation in the business logo sign program.	20626
All direct and indirect costs of the business logo sign program	20627
established pursuant to this section shall be fully paid by the	20628
businesses applying for participation in the program. ~~At any~~	20629
~~interchange where a business logo sign is erected, such costs~~	20630
~~shall be divided equally among the participating businesses.~~ The	20631
direct and indirect costs of the program shall include, but not	20632
be limited to, the cost of capital, directional signs, blanks,	20633
posts, logos, installation, repair, engineering, design,	20634
insurance, removal, replacement, and administration. ~~Nothing~~	20635

(2) Money generated from participating businesses in excess	20636
of the direct and indirect costs and any reasonable profit	20637
earned by a person awarded a contract under division (C) of this	20638
section shall be remitted to the department of public safety,	20639
which shall deposit the money into the state treasury to the	20640
credit of the state highway safety fund created in section	20641
4501.06 of the Revised Code to provide money for the operating	20642
expenses of the state highway patrol.	20643

(3) Nothing in this chapter shall be construed to prohibit	20644
the director from establishing such a program. If the department	20645
operates such a program and does not contract with a private	20646
person to operate it, all money collected from participating	20647
businesses shall be deposited and credited as prescribed in	20648
division (B)(2) of this section.	20649

(C) The director, in accordance with rules adopted pursuant	20650
to Chapter 119. of the Revised Code, may contract with any private	20651
person to operate, maintain, ~~and~~or market the business logo sign	20652
program. The ~~rules shall describe the terms of the~~ contract~~, and~~	20653
~~shall~~may allow for a reasonable profit to be earned by the	20654
successful applicant. In awarding the contract, the director	20655
shall consider the skill, expertise, prior experience, and other	20656
qualifications of each applicant.	20657

(D) As used in this section, "urban area" means an area	20658
having a population of fifty thousand or more according to the	20659
most recent federal census and designated as such on urban maps	20660
prepared by the department.	20661

(E) ~~Neither~~In implementing this section, neither the	20662
department nor the director shall do either of the following:	20663

(1) Limit the right of any person to erect, maintain, repair,	20664
remove, or utilize any off-premises or on-premises advertising	20665
device;	20666

(2) Make participation in the business logo sign program	20667
conditional upon a business agreeing to limit, discontinue,	20668
withdraw, modify, alter, or change any advertising or sign.	20669

(F) The program shall permit the business logo signs of a	20670
seller of motor vehicle fuel to include on the seller's signs a	20671
marking or symbol indicating that the seller sells one or more	20672
types of alternative fuel so long as the seller in fact sells that	20673
fuel.	20674

As used in this division, "alternative fuel" has the same	20675
meaning as in section 125.831 of the Revised Code.	20676

Sec. 4511.181. As used in sections 4511.181 to 4511.197 of	20677
the Revised Code:	20678

(A) "Equivalent offense" means any of the following:

20679

(1) A violation of division (A) or (B) of section 4511.19 of	20680
the Revised Code;	20681

(2) A violation of a municipal OVI ordinance;

20682

(3) A violation of section 2903.04 of the Revised Code in a	20683
case in which the offender was subject to the sanctions described	20684
in division (D) of that section;	20685

(4) A violation of division (A)(1) of section 2903.06 or	20686
2903.08 of the Revised Code or a municipal ordinance that is	20687
substantially equivalent to either of those divisions;	20688

(5) A violation of division (A)(2), (3), or (4) of section	20689
2903.06, division (A)(2) of section 2903.08, or former section	20690
2903.07 of the Revised Code, or a municipal ordinance that is	20691
substantially equivalent to any of those divisions or that former	20692
section, in a case in which a judge or jury as the trier of fact	20693
found that the offender was under the influence of alcohol, a drug	20694
of abuse, or a combination of them;	20695

(6) A violation of an existing or former municipal ordinance,	20696
law of another state, or law of the United States that is	20697
substantially equivalent to division (A) or (B) of section 4511.19	20698
of the Revised Code;	20699

(7) A violation of a former law of this state that was	20700
substantially equivalent to division (A) or (B) of section 4511.19	20701
of the Revised Code.	20702

(B) "Mandatory jail term" means the mandatory term in jail of	20703
three, six, ten, twenty, thirty, or sixty days that must be	20704
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	20705
of the Revised Code upon an offender convicted of a violation of	20706
division (A) of that section and in relation to which all of the	20707
following apply:	20708

(1) Except as specifically authorized under section 4511.19	20709
of the Revised Code, the term must be served in a jail.	20710

(2) Except as specifically authorized under section 4511.19	20711
of the Revised Code, the term cannot be suspended, reduced, or	20712
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	20713
other provision of the Revised Code.	20714

(C) "Municipal OVI ordinance" and "municipal OVI offense"	20715
mean any municipal ordinance prohibiting a person from operating a	20716
vehicle while under the influence of alcohol, a drug of abuse, or	20717
a combination of them or prohibiting a person from operating a	20718
vehicle with a prohibited concentration of alcohol, a controlled	20719
substance, or a metabolite of a controlled substance in the whole	20720
blood, blood serum or plasma, breath, or urine.	20721

(D) "Community residential sanction," "continuous alcohol	20722
monitoring," "jail," "mandatory prison term," "mandatory term of	20723
local incarceration," "sanction," and "prison term" have the same	20724
meanings as in section 2929.01 of the Revised Code.	20725

(E) "Drug of abuse" has the same meaning as in section	20726
4506.01 of the Revised Code.	20727

Sec. 4511.191. (A)(1) As used in this section:

20728

(a) "Physical control" has the same meaning as in section	20729
4511.194 of the Revised Code.	20730

(b) "Alcohol monitoring device" means any device that	20731
provides for continuous alcohol monitoring, any ignition interlock	20732
device, any immobilizing or disabling device other than an	20733
ignition interlock device that is constantly available to monitor	20734
the concentration of alcohol in a person's system, or any other	20735
device that provides for the automatic testing and periodic	20736
reporting of alcohol consumption by a person and that a court	20737
orders a person to use as a sanction imposed as a result of the	20738
person's conviction of or plea of guilty to an offense.	20739

(2) Any person who operates a vehicle, streetcar, or	20740
trackless trolley upon a highway or any public or private property	20741
used by the public for vehicular travel or parking within this	20742
state or who is in physical control of a vehicle, streetcar, or	20743
trackless trolley shall be deemed to have given consent to a	20744
chemical test or tests of the person's whole blood, blood serum or	20745
plasma, breath, or urine to determine the alcohol, drug of abuse,	20746
controlled substance, metabolite of a controlled substance, or	20747
combination content of the person's whole blood, blood serum or	20748
plasma, breath, or urine if arrested for a violation of division	20749
(A) or (B) of section 4511.19 of the Revised Code, section	20750
4511.194 of the Revised Code or a substantially equivalent	20751
municipal ordinance, or a municipal OVI ordinance.	20752

(3) The chemical test or tests under division (A)(2) of this	20753
section shall be administered at the request of a law enforcement	20754
officer having reasonable grounds to believe the person was	20755
operating or in physical control of a vehicle, streetcar, or	20756
trackless trolley in violation of a division, section, or	20757
ordinance identified in division (A)(2) of this section. The law	20758
enforcement agency by which the officer is employed shall	20759
designate which of the tests shall be administered.	20760

(4) Any person who is dead or unconscious, or who otherwise	20761
is in a condition rendering the person incapable of refusal, shall	20762
be deemed to have consented as provided in division (A)(2) of this	20763
section, and the test or tests may be administered, subject to	20764
sections 313.12 to 313.16 of the Revised Code.	20765

(B)(1) Upon receipt of the sworn report of a law enforcement	20766
officer who arrested a person for a violation of division (A) or	20767
(B) of section 4511.19 of the Revised Code, section 4511.194 of	20768
the Revised Code or a substantially equivalent municipal	20769
ordinance, or a municipal OVI ordinance that was completed and	20770
sent to the registrar and a court pursuant to section 4511.192 of	20771
the Revised Code in regard to a person who refused to take the	20772
designated chemical test, the registrar shall enter into the	20773
registrar's records the fact that the person's driver's or	20774
commercial driver's license or permit or nonresident operating	20775
privilege was suspended by the arresting officer under this	20776
division and that section and the period of the suspension, as	20777
determined under this section. The suspension shall be subject to	20778
appeal as provided in section 4511.197 of the Revised Code. The	20779
suspension shall be for whichever of the following periods	20780
applies:	20781

(a) Except when division (B)(1)(b), (c), or (d) of this	20782
section applies and specifies a different class or length of	20783
suspension, the suspension shall be a class C suspension for the	20784
period of time specified in division (B)(3) of section 4510.02 of	20785
the Revised Code.	20786

(b) If the arrested person, within six years of the date on	20787
which the person refused the request to consent to the chemical	20788
test, had refused one previous request to consent to a chemical	20789
test, the suspension shall be a class B suspension imposed for the	20790
period of time specified in division (B)(2) of section 4510.02 of	20791
the Revised Code.	20792

(c) If the arrested person, within six years of the date on	20793
which the person refused the request to consent to the chemical	20794
test, had refused two previous requests to consent to a chemical	20795
test, the suspension shall be a class A suspension imposed for the	20796
period of time specified in division (B)(1) of section 4510.02 of	20797
the Revised Code.	20798

(d) If the arrested person, within six years of the date on	20799
which the person refused the request to consent to the chemical	20800
test, had refused three or more previous requests to consent to a	20801
chemical test, the suspension shall be for five years.	20802

(2) The registrar shall terminate a suspension of the	20803
driver's or commercial driver's license or permit of a resident or	20804
of the operating privilege of a nonresident, or a denial of a	20805
driver's or commercial driver's license or permit, imposed	20806
pursuant to division (B)(1) of this section upon receipt of notice	20807
that the person has entered a plea of guilty to, or that the	20808
person has been convicted after entering a plea of no contest to,	20809
operating a vehicle in violation of section 4511.19 of the Revised	20810
Code or in violation of a municipal OVI ordinance, if the offense	20811
for which the conviction is had or the plea is entered arose from	20812
the same incident that led to the suspension or denial.	20813

The registrar shall credit against any judicial suspension of	20814
a person's driver's or commercial driver's license or permit or	20815
nonresident operating privilege imposed pursuant to section	20816
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	20817
Revised Code for a violation of a municipal OVI ordinance, any	20818
time during which the person serves a related suspension imposed	20819
pursuant to division (B)(1) of this section.	20820

(C)(1) Upon receipt of the sworn report of the law	20821
enforcement officer who arrested a person for a violation of	20822
division (A) or (B) of section 4511.19 of the Revised Code or a	20823
municipal OVI ordinance that was completed and sent to the	20824
registrar and a court pursuant to section 4511.192 of the Revised	20825
Code in regard to a person whose test results indicate that the	20826
person's whole blood, blood serum or plasma, breath, or urine	20827
contained at least the concentration of alcohol specified in	20828
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	20829
Revised Code or at least the concentration of a listed controlled	20830
substance or a listed metabolite of a controlled substance	20831
specified in division (A)(1)(j) of section 4511.19 of the Revised	20832
Code, the registrar shall enter into the registrar's records the	20833
fact that the person's driver's or commercial driver's license or	20834
permit or nonresident operating privilege was suspended by the	20835
arresting officer under this division and section 4511.192 of the	20836
Revised Code and the period of the suspension, as determined under	20837
divisions (F)(1) to (4) of this section. The suspension shall be	20838
subject to appeal as provided in section 4511.197 of the Revised	20839
Code. The suspension described in this division does not apply to,	20840
and shall not be imposed upon, a person arrested for a violation	20841
of section 4511.194 of the Revised Code or a substantially	20842
equivalent municipal ordinance who submits to a designated	20843
chemical test. The suspension shall be for whichever of the	20844
following periods applies:	20845

(a) Except when division (C)(1)(b), (c), or (d) of this	20846
section applies and specifies a different period, the suspension	20847
shall be a class E suspension imposed for the period of time	20848
specified in division (B)(5) of section 4510.02 of the Revised	20849
Code.	20850

(b) The suspension shall be a class C suspension for the	20851
period of time specified in division (B)(3) of section 4510.02 of	20852
the Revised Code if the person has been convicted of or pleaded	20853
guilty to, within six years of the date the test was conducted,	20854
one violation of division (A) or (B) of section 4511.19 of the	20855
Revised Code or one other equivalent offense.	20856

(c) If, within six years of the date the test was conducted,	20857
the person has been convicted of or pleaded guilty to two	20858
violations of a statute or ordinance described in division	20859
(C)(1)(b) of this section, the suspension shall be a class B	20860
suspension imposed for the period of time specified in division	20861
(B)(2) of section 4510.02 of the Revised Code.	20862

(d) If, within six years of the date the test was conducted,	20863
the person has been convicted of or pleaded guilty to more than	20864
two violations of a statute or ordinance described in division	20865
(C)(1)(b) of this section, the suspension shall be a class A	20866
suspension imposed for the period of time specified in division	20867
(B)(1) of section 4510.02 of the Revised Code.	20868

(2) The registrar shall terminate a suspension of the	20869
driver's or commercial driver's license or permit of a resident or	20870
of the operating privilege of a nonresident, or a denial of a	20871
driver's or commercial driver's license or permit, imposed	20872
pursuant to division (C)(1) of this section upon receipt of notice	20873
that the person has entered a plea of guilty to, or that the	20874
person has been convicted after entering a plea of no contest to,	20875
operating a vehicle in violation of section 4511.19 of the Revised	20876
Code or in violation of a municipal OVI ordinance, if the offense	20877
for which the conviction is had or the plea is entered arose from	20878
the same incident that led to the suspension or denial.	20879

The registrar shall credit against any judicial suspension of	20880
a person's driver's or commercial driver's license or permit or	20881
nonresident operating privilege imposed pursuant to section	20882
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	20883
Revised Code for a violation of a municipal OVI ordinance, any	20884
time during which the person serves a related suspension imposed	20885
pursuant to division (C)(1) of this section.	20886

(D)(1) A suspension of a person's driver's or commercial	20887
driver's license or permit or nonresident operating privilege	20888
under this section for the time described in division (B) or (C)	20889
of this section is effective immediately from the time at which	20890
the arresting officer serves the notice of suspension upon the	20891
arrested person. Any subsequent finding that the person is not	20892
guilty of the charge that resulted in the person being requested	20893
to take the chemical test or tests under division (A) of this	20894
section does not affect the suspension.	20895

(2) If a person is arrested for operating a vehicle,	20896
streetcar, or trackless trolley in violation of division (A) or	20897
(B) of section 4511.19 of the Revised Code or a municipal OVI	20898
ordinance, or for being in physical control of a vehicle,	20899
streetcar, or trackless trolley in violation of section 4511.194	20900
of the Revised Code or a substantially equivalent municipal	20901
ordinance, regardless of whether the person's driver's or	20902
commercial driver's license or permit or nonresident operating	20903
privilege is or is not suspended under division (B) or (C) of this	20904
section or Chapter 4510. of the Revised Code, the person's initial	20905
appearance on the charge resulting from the arrest shall be held	20906
within five days of the person's arrest or the issuance of the	20907
citation to the person, subject to any continuance granted by the	20908
court pursuant to section 4511.197 of the Revised Code regarding	20909
the issues specified in that division.	20910

(E) When it finally has been determined under the procedures	20911
of this section and sections 4511.192 to 4511.197 of the Revised	20912
Code that a nonresident's privilege to operate a vehicle within	20913
this state has been suspended, the registrar shall give	20914
information in writing of the action taken to the motor vehicle	20915
administrator of the state of the person's residence and of any	20916
state in which the person has a license.	20917

(F) At the end of a suspension period under this section,	20918
under section 4511.194, section 4511.196, or division (G) of	20919
section 4511.19 of the Revised Code, or under section 4510.07 of	20920
the Revised Code for a violation of a municipal OVI ordinance and	20921
upon the request of the person whose driver's or commercial	20922
driver's license or permit was suspended and who is not otherwise	20923
subject to suspension, cancellation, or disqualification, the	20924
registrar shall return the driver's or commercial driver's license	20925
or permit to the person upon the occurrence of all of the	20926
conditions specified in divisions (F)(1) and (2) of this section:	20927

(1) A showing that the person has proof of financial	20928
responsibility, a policy of liability insurance in effect that	20929
meets the minimum standards set forth in section 4509.51 of the	20930
Revised Code, or proof, to the satisfaction of the registrar, that	20931
the person is able to respond in damages in an amount at least	20932
equal to the minimum amounts specified in section 4509.51 of the	20933
Revised Code.	20934

(2) Subject to the limitation contained in division (F)(3) of	20935
this section, payment by the person to the bureau of motor	20936
vehicles of a license reinstatement fee of four hundred	20937
twenty-five dollars, which fee shall be deposited in the state	20938
treasury and credited as follows:	20939

(a) One hundred twelve dollars and fifty cents shall be	20940
credited to the statewide treatment and prevention fund created by	20941
section 4301.30 of the Revised Code. The fund shall be used to	20942
pay the costs of driver treatment and intervention programs	20943
operated pursuant to sections 3793.02 and 3793.10 of the Revised	20944
Code. The director of alcohol and drug addiction services shall	20945
determine the share of the fund that is to be allocated to alcohol	20946
and drug addiction programs authorized by section 3793.02 of the	20947
Revised Code, and the share of the fund that is to be allocated to	20948
drivers' intervention programs authorized by section 3793.10 of	20949
the Revised Code.	20950

(b) Seventy-five dollars shall be credited to the reparations	20951
fund created by section 2743.191 of the Revised Code.	20952

(c) Thirty-seven dollars and fifty cents shall be credited to	20953
the indigent drivers alcohol treatment fund, which is hereby	20954
established. Except as otherwise provided in division (F)(2)(c) of	20955
this section, moneys in the fund shall be distributed by the	20956
department of alcohol and drug addiction services to the county	20957
indigent drivers alcohol treatment funds, the county juvenile	20958
indigent drivers alcohol treatment funds, and the municipal	20959
indigent drivers alcohol treatment funds that are required to be	20960
established by counties and municipal corporations pursuant to	20961
this section, and shall be used only to pay the cost of an alcohol	20962
and drug addiction treatment program attended by an offender or	20963
juvenile traffic offender who is ordered to attend an alcohol and	20964
drug addiction treatment program by a county, juvenile, or	20965
municipal court judge and who is determined by the county,	20966
juvenile, or municipal court judge not to have the means to pay	20967
for the person's attendance at the program or to pay the costs	20968
specified in division (H)(4) of this section in accordance with	20969
that division. In addition, a county, juvenile, or municipal court	20970
judge may use moneys in the county indigent drivers alcohol	20971
treatment fund, county juvenile indigent drivers alcohol treatment	20972
fund, or municipal indigent drivers alcohol treatment fund to pay	20973
for the cost of the continued use of an ~~electronic continuous~~	20974
alcohol monitoring device as described in divisions (H)(3) and (4)	20975
of this section. Moneys in the fund that are not distributed to a	20976
county indigent drivers alcohol treatment fund, a county juvenile	20977
indigent drivers alcohol treatment fund, or a municipal indigent	20978
drivers alcohol treatment fund under division (H) of this section	20979
because the director of alcohol and drug addiction services does	20980
not have the information necessary to identify the county or	20981
municipal corporation where the offender or juvenile offender was	20982
arrested may be transferred by the director of budget and	20983
management to the statewide treatment and prevention fund created	20984
by section 4301.30 of the Revised Code, upon certification of the	20985
amount by the director of alcohol and drug addiction services.	20986

(d) Seventy-five dollars shall be credited to the Ohio	20987
rehabilitation services commission established by section 3304.12	20988
of the Revised Code, to the services for rehabilitation fund,	20989
which is hereby established. The fund shall be used to match	20990
available federal matching funds where appropriate, and for any	20991
other purpose or program of the commission to rehabilitate people	20992
with disabilities to help them become employed and independent.	20993

(e) Seventy-five dollars shall be deposited into the state	20994
treasury and credited to the drug abuse resistance education	20995
programs fund, which is hereby established, to be used by the	20996
attorney general for the purposes specified in division (F)(4) of	20997
this section.	20998

(f) Thirty dollars shall be credited to the state bureau of	20999
motor vehicles fund created by section 4501.25 of the Revised	21000
Code.	21001

(g) Twenty dollars shall be credited to the trauma and	21002
emergency medical services grants fund created by section 4513.263	21003
of the Revised Code.	21004

(3) If a person's driver's or commercial driver's license or	21005
permit is suspended under this section, under section 4511.196 or	21006
division (G) of section 4511.19 of the Revised Code, under section	21007
4510.07 of the Revised Code for a violation of a municipal OVI	21008
ordinance or under any combination of the suspensions described in	21009
division (F)(3) of this section, and if the suspensions arise from	21010
a single incident or a single set of facts and circumstances, the	21011
person is liable for payment of, and shall be required to pay to	21012
the bureau, only one reinstatement fee of four hundred twenty-five	21013
dollars. The reinstatement fee shall be distributed by the bureau	21014
in accordance with division (F)(2) of this section.	21015

(4) The attorney general shall use amounts in the drug abuse	21016
resistance education programs fund to award grants to law	21017
enforcement agencies to establish and implement drug abuse	21018
resistance education programs in public schools. Grants awarded to	21019
a law enforcement agency under this section shall be used by the	21020
agency to pay for not more than fifty per cent of the amount of	21021
the salaries of law enforcement officers who conduct drug abuse	21022
resistance education programs in public schools. The attorney	21023
general shall not use more than six per cent of the amounts the	21024
attorney general's office receives under division (F)(2)(e) of	21025
this section to pay the costs it incurs in administering the grant	21026
program established by division (F)(2)(e) of this section and in	21027
providing training and materials relating to drug abuse resistance	21028
education programs.	21029

The attorney general shall report to the governor and the	21030
general assembly each fiscal year on the progress made in	21031
establishing and implementing drug abuse resistance education	21032
programs. These reports shall include an evaluation of the	21033
effectiveness of these programs.	21034

(G) Suspension of a commercial driver's license under	21035
division (B) or (C) of this section shall be concurrent with any	21036
period of disqualification under section 3123.611 or 4506.16 of	21037
the Revised Code or any period of suspension under section 3123.58	21038
of the Revised Code. No person who is disqualified for life from	21039
holding a commercial driver's license under section 4506.16 of the	21040
Revised Code shall be issued a driver's license under Chapter	21041
4507. of the Revised Code during the period for which the	21042
commercial driver's license was suspended under division (B) or	21043
(C) of this section. No person whose commercial driver's license	21044
is suspended under division (B) or (C) of this section shall be	21045
issued a driver's license under Chapter 4507. of the Revised Code	21046
during the period of the suspension.	21047

(H)(1) Each county shall establish an indigent drivers	21048
alcohol treatment fund, each county shall establish a juvenile	21049
indigent drivers alcohol treatment fund, and each municipal	21050
corporation in which there is a municipal court shall establish an	21051
indigent drivers alcohol treatment fund. All revenue that the	21052
general assembly appropriates to the indigent drivers alcohol	21053
treatment fund for transfer to a county indigent drivers alcohol	21054
treatment fund, a county juvenile indigent drivers alcohol	21055
treatment fund, or a municipal indigent drivers alcohol treatment	21056
fund, all portions of fees that are paid under division (F) of	21057
this section and that are credited under that division to the	21058
indigent drivers alcohol treatment fund in the state treasury for	21059
a county indigent drivers alcohol treatment fund, a county	21060
juvenile indigent drivers alcohol treatment fund, or a municipal	21061
indigent drivers alcohol treatment fund, all portions of	21062
additional costs imposed under section 2949.094 of the Revised	21063
Code that are specified for deposit into a county, county	21064
juvenile, or municipal indigent drivers alcohol treatment fund by	21065
that section, and all portions of fines that are specified for	21066
deposit into a county or municipal indigent drivers alcohol	21067
treatment fund by section 4511.193 of the Revised Code shall be	21068
deposited into that county indigent drivers alcohol treatment	21069
fund, county juvenile indigent drivers alcohol treatment fund, or	21070
municipal indigent drivers alcohol treatment fund in accordance	21071
with division (H)(2) of this section. Additionally, all portions	21072
of fines that are paid for a violation of section 4511.19 of the	21073
Revised Code or of any prohibition contained in Chapter 4510. of	21074
the Revised Code, and that are required under section 4511.19 or	21075
any provision of Chapter 4510. of the Revised Code to be deposited	21076
into a county indigent drivers alcohol treatment fund or municipal	21077
indigent drivers alcohol treatment fund shall be deposited into	21078
the appropriate fund in accordance with the applicable division.	21079

(2) That portion of the license reinstatement fee that is	21080
paid under division (F) of this section and that is credited under	21081
that division to the indigent drivers alcohol treatment fund and	21082
that portion of the additional court cost that is imposed under	21083
section 2949.094 of the Revised Code and that is specified by that	21084
section for deposit into the indigent drivers alcohol treatment	21085
fund shall be deposited into a county indigent drivers alcohol	21086
treatment fund, a county juvenile indigent drivers alcohol	21087
treatment fund, or a municipal indigent drivers alcohol treatment	21088
fund as follows:	21089

(a) ~~If the~~Regarding a suspension ~~in question was~~ imposed	21090
under this section or additional court costs, that portion of the	21091
fee shall be deposited as follows:	21092

(i) If the fee or court cost is paid by a person who was	21093
charged in a county court with the violation that resulted in the	21094
suspension or in the imposition of the court costs, the portion	21095
shall be deposited into the county indigent drivers alcohol	21096
treatment fund under the control of that court;	21097

(ii) If the fee or court cost is paid by a person who was	21098
charged in a juvenile court with the violation that resulted in	21099
the suspension or in the imposition of the court costs, the	21100
portion shall be deposited into the county juvenile indigent	21101
drivers alcohol treatment fund established in the county served by	21102
the court;	21103

(iii) If the fee or court cost is paid by a person who was	21104
charged in a municipal court with the violation that resulted in	21105
the suspension or in the imposition of the court costs, the	21106
portion shall be deposited into the municipal indigent drivers	21107
alcohol treatment fund under the control of that court.	21108

(b) ~~If the~~Regarding a suspension ~~in question was~~ imposed	21109
under section 4511.19 of the Revised Code or under section 4510.07	21110
of the Revised Code for a violation of a municipal OVI ordinance,	21111
that portion of the fee shall be deposited as follows:	21112

(i) If the fee is paid by a person whose license or permit	21113
was suspended by a county court, the portion shall be deposited	21114
into the county indigent drivers alcohol treatment fund under the	21115
control of that court;	21116

(ii) If the fee is paid by a person whose license or permit	21117
was suspended by a municipal court, the portion shall be deposited	21118
into the municipal indigent drivers alcohol treatment fund under	21119
the control of that court.	21120

(3) Expenditures from a county indigent drivers alcohol	21121
treatment fund, a county juvenile indigent drivers alcohol	21122
treatment fund, or a municipal indigent drivers alcohol treatment	21123
fund shall be made only upon the order of a county, juvenile, or	21124
municipal court judge and only for payment of the cost of the	21125
attendance at an alcohol and drug addiction treatment program of a	21126
person who is convicted of, or found to be a juvenile traffic	21127
offender by reason of, a violation of division (A) of section	21128
4511.19 of the Revised Code or a substantially similar municipal	21129
ordinance, who is ordered by the court to attend the alcohol and	21130
drug addiction treatment program, and who is determined by the	21131
court to be unable to pay the cost of attendance at the treatment	21132
program or for payment of the costs specified in division (H)(4)	21133
of this section in accordance with that division. The alcohol and	21134
drug addiction services board or the board of alcohol, drug	21135
addiction, and mental health services established pursuant to	21136
section 340.02 or 340.021 of the Revised Code and serving the	21137
alcohol, drug addiction, and mental health service district in	21138
which the court is located shall administer the indigent drivers	21139
alcohol treatment program of the court. When a court orders an	21140
offender or juvenile traffic offender to attend an alcohol and	21141
drug addiction treatment program, the board shall determine which	21142
program is suitable to meet the needs of the offender or juvenile	21143
traffic offender, and when a suitable program is located and space	21144
is available at the program, the offender or juvenile traffic	21145
offender shall attend the program designated by the board. A	21146
reasonable amount not to exceed five per cent of the amounts	21147
credited to and deposited into the county indigent drivers alcohol	21148
treatment fund, the county juvenile indigent drivers alcohol	21149
treatment fund, or the municipal indigent drivers alcohol	21150
treatment fund serving every court whose program is administered	21151
by that board shall be paid to the board to cover the costs it	21152
incurs in administering those indigent drivers alcohol treatment	21153
programs.	21154

In addition, a county, juvenile, or municipal court judge may	21155
use moneys in the county indigent drivers alcohol treatment fund,	21156
county juvenile indigent drivers alcohol treatment fund, or	21157
municipal indigent drivers alcohol treatment fund in the following	21158
manners:	21159

(a) If the source of the moneys was an appropriation of the	21160
general assembly, a portion of a fee that was paid under division	21161
(F) of this section, a portion of a fine that was specified for	21162
deposit into the fund by section 4511.193 of the Revised Code, or	21163
a portion of a fine that was paid for a violation of section	21164
4511.19 of the Revised Code or of a provision contained in Chapter	21165
4510. of the Revised Code that was required to be deposited into	21166
the fund, to pay for the continued use of an ~~electronic~~	21167
~~continuous~~ alcohol monitoring device by an offender or juvenile	21168
traffic offender, in conjunction with a treatment program	21169
approved by the department of alcohol and drug addiction	21170
services, when such use is determined clinically necessary by the	21171
treatment program and when the court determines that the offender	21172
or juvenile traffic offender is unable to pay all or part of the	21173
daily monitoring or cost of the device;	21174

(b) If the source of the moneys was a portion of an	21175
additional court cost imposed under section 2949.094 of the	21176
Revised Code, to pay for the continued use of an alcohol	21177
monitoring device by an offender or juvenile traffic offender	21178
when the court determines that the offender or juvenile traffic	21179
offender is unable to pay all or part of the daily monitoring or	21180
cost of the device. The moneys may be used for a device as	21181
described in this division if the use of the device is in	21182
conjunction with a treatment program approved by the department	21183
of alcohol and drug addiction services, when the use of the device	21184
is determined clinically necessary by the treatment program, but	21185
the use of a device is not required to be in conjunction with a	21186
treatment program approved by the department in order for the	21187
moneys to be used for the device as described in this division.	21188

(4) If a county, juvenile, or municipal court determines, in	21189
consultation with the alcohol and drug addiction services board or	21190
the board of alcohol, drug addiction, and mental health services	21191
established pursuant to section 340.02 or 340.021 of the Revised	21192
Code and serving the alcohol, drug addiction, and mental health	21193
district in which the court is located, that the funds in the	21194
county indigent drivers alcohol treatment fund, the county	21195
juvenile indigent drivers alcohol treatment fund, or the municipal	21196
indigent drivers alcohol treatment fund under the control of the	21197
court are more than sufficient to satisfy the purpose for which	21198
the fund was established, as specified in divisions (H)(1) to (3)	21199
of this section, the court may declare a surplus in the fund. If	21200
the court declares a surplus in the fund, the court may expend the	21201
amount of the surplus in the fund for:	21202

(a) Alcohol and drug abuse assessment and treatment of	21203
persons who are charged in the court with committing a criminal	21204
offense or with being a delinquent child or juvenile traffic	21205
offender and in relation to whom both of the following apply:	21206

(i) The court determines that substance abuse was a	21207
contributing factor leading to the criminal or delinquent activity	21208
or the juvenile traffic offense with which the person is charged.	21209

(ii) The court determines that the person is unable to pay	21210
the cost of the alcohol and drug abuse assessment and treatment	21211
for which the surplus money will be used.	21212

(b) All or part of the cost of purchasing ~~electronic~~	21213
~~continuous~~ alcohol monitoring devices to be used in conjunction	21214
with division (H)(3) of this section.	21215

Sec. 4511.53. (A) For purposes of this section, "snowmobile"	21216
has the same meaning as given that term in section 4519.01 of the	21217
Revised Code.	21218

(B) ANo person operating a bicycle shall ~~not~~ ride other than	21219
upon or astride the permanent and regular seat attached thereto,	21220
~~and a person operating a motorcycle shall not ride other than upon~~	21221
~~the permanent and regular seat attached thereto, nor~~or carry any	21222
other person upon such bicycle ~~or motorcycle~~ other than upon a	21223
firmly attached and regular seat thereon, ~~nor shall any~~and no	21224
person shall ride upon a bicycle ~~or motorcycle~~ other than upon	21225
such a firmly attached and regular seat.	21226

No person operating a motorcycle shall ride other than upon	21227
or astride the permanent and regular seat or saddle attached	21228
thereto, or carry any other person upon such motorcycle other than	21229
upon a firmly attached and regular seat or saddle thereon, and no	21230
person shall ride upon a motorcycle other than upon such a firmly	21231
attached and regular seat or saddle.	21232

ANo person shall ride upon a motorcycle ~~only~~that is	21233
equipped with a saddle other than while sitting astride the ~~seat~~	21234
saddle, facing forward, with one leg on each side of the	21235
motorcycle.	21236

No person shall ride upon a motorcycle that is equipped with	21237
a seat other than while sitting upon the seat.	21238

No person operating a bicycle shall carry any package,	21239
bundle, or article that prevents the driver from keeping at least	21240
one hand upon the handle bars.	21241

No bicycle or motorcycle shall be used to carry more persons	21242
at one time than the number for which it is designed and equipped,	21243
nor shall any motorcycle be operated on a highway when the handle	21244
bars or grips are more than fifteen inches higher than the seat or	21245
saddle for the operator.	21246

No person shall operate or be a passenger on a snowmobile or	21247
motorcycle without using safety glasses or other protective eye	21248
device. No person who is under the age of eighteen years, or who	21249
holds a motorcycle operator's endorsement or license bearing a	21250
"novice" designation that is currently in effect as provided in	21251
section 4507.13 of the Revised Code, shall operate a motorcycle on	21252
a highway, or be a passenger on a motorcycle, unless wearing a	21253
protective helmet on the person's head, and no other person shall	21254
be a passenger on a motorcycle operated by such a person unless	21255
similarly wearing a protective helmet. The helmet, safety glasses,	21256
or other protective eye device shall conform with regulations	21257
prescribed and promulgated by the director of public safety. The	21258
provisions of this paragraph or a violation thereof shall not be	21259
used in the trial of any civil action.	21260

(C) Nothing in this section shall be construed as prohibiting	21261
the carrying of a child in a seat or trailer that is designed for	21262
carrying children and is firmly attached to the bicycle.	21263

(D) Except as otherwise provided in this division, whoever	21264
violates this section is guilty of a minor misdemeanor. If, within	21265
one year of the offense, the offender previously has been	21266
convicted of or pleaded guilty to one predicate motor vehicle or	21267
traffic offense, whoever violates this section is guilty of a	21268
misdemeanor of the fourth degree. If, within one year of the	21269
offense, the offender previously has been convicted of two or more	21270
predicate motor vehicle or traffic offenses, whoever violates this	21271
section is guilty of a misdemeanor of the third degree.	21272

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	21273
Revised Code:	21274

(A)(1) "Clinical laboratory services" means either of the	21275
following:	21276

(a) Any examination of materials derived from the human body	21277
for the purpose of providing information for the diagnosis,	21278
prevention, or treatment of any disease or impairment or for the	21279
assessment of health;	21280

(b) Procedures to determine, measure, or otherwise describe	21281
the presence or absence of various substances or organisms in the	21282
body.	21283

(2) "Clinical laboratory services" does not include the mere	21284
collection or preparation of specimens.	21285

(B) "Designated health services" means any of the following:

21286

(1) Clinical laboratory services;

21287

(2) Home health care services;

21288

(3) Outpatient prescription drugs.

21289

(C) "Fair market value" means the value in arms-length	21290
transactions, consistent with general market value and:	21291

(1) With respect to rentals or leases, the value of rental	21292
property for general commercial purposes, not taking into account	21293
its intended use;	21294

(2) With respect to a lease of space, not adjusted to reflect	21295
the additional value the prospective lessee or lessor would	21296
attribute to the proximity or convenience to the lessor if the	21297
lessor is a potential source of referrals to the lessee.	21298

(D) "Governmental health care program" means any program	21299
providing health care benefits that is administered by the federal	21300
government, this state, or a political subdivision of this state,	21301
including the medicare program established under Title XVIII of	21302
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	21303
as amended, health care coverage for public employees, health care	21304
benefits administered by the bureau of workers' compensation, the	21305
~~medical assistance~~medicaid program established under Chapter	21306
5111. of the Revised Code, ~~and~~ the disability medical assistance	21307
program established under Chapter 5115. of the Revised Code, and	21308
the children's buy-in program established under sections 5101.5211	21309
to 5101.5216 of the Revised Code.	21310

(E)(1) "Group practice" means a group of two or more holders	21311
of certificates under this chapter legally organized as a	21312
partnership, professional corporation or association, limited	21313
liability company, foundation, nonprofit corporation, faculty	21314
practice plan, or similar group practice entity, including an	21315
organization comprised of a nonprofit medical clinic that	21316
contracts with a professional corporation or association of	21317
physicians to provide medical services exclusively to patients of	21318
the clinic in order to comply with section 1701.03 of the Revised	21319
Code and including a corporation, limited liability company,	21320
partnership, or professional association described in division (B)	21321
of section 4731.226 of the Revised Code formed for the purpose of	21322
providing a combination of the professional services of	21323
optometrists who are licensed, certificated, or otherwise legally	21324
authorized to practice optometry under Chapter 4725. of the	21325
Revised Code, chiropractors who are licensed, certificated, or	21326
otherwise legally authorized to practice chiropractic or	21327
acupuncture under Chapter 4734. of the Revised Code, psychologists	21328
who are licensed, certificated, or otherwise legally authorized to	21329
practice psychology under Chapter 4732. of the Revised Code,	21330
registered or licensed practical nurses who are licensed,	21331
certificated, or otherwise legally authorized to practice nursing	21332
under Chapter 4723. of the Revised Code, pharmacists who are	21333
licensed, certificated, or otherwise legally authorized to	21334
practice pharmacy under Chapter 4729. of the Revised Code,	21335
physical therapists who are licensed, certificated, or otherwise	21336
legally authorized to practice physical therapy under sections	21337
4755.40 to 4755.56 of the Revised Code, occupational therapists	21338
who are licensed, certificated, or otherwise legally authorized to	21339
practice occupational therapy under sections 4755.04 to 4755.13 of	21340
the Revised Code, mechanotherapists who are licensed,	21341
certificated, or otherwise legally authorized to practice	21342
mechanotherapy under section 4731.151 of the Revised Code, and	21343
doctors of medicine and surgery, osteopathic medicine and surgery,	21344
or podiatric medicine and surgery who are licensed, certificated,	21345
or otherwise legally authorized for their respective practices	21346
under this chapter, to which all of the following apply:	21347

(a) Each physician who is a member of the group practice	21348
provides substantially the full range of services that the	21349
physician routinely provides, including medical care,	21350
consultation, diagnosis, or treatment, through the joint use of	21351
shared office space, facilities, equipment, and personnel.	21352

(b) Substantially all of the services of the members of the	21353
group are provided through the group and are billed in the name of	21354
the group and amounts so received are treated as receipts of the	21355
group.	21356

(c) The overhead expenses of and the income from the practice	21357
are distributed in accordance with methods previously determined	21358
by members of the group.	21359

(d) The group practice meets any other requirements that the	21360
state medical board applies in rules adopted under section 4731.70	21361
of the Revised Code.	21362

(2) In the case of a faculty practice plan associated with a	21363
hospital with a medical residency training program in which	21364
physician members may provide a variety of specialty services and	21365
provide professional services both within and outside the group,	21366
as well as perform other tasks such as research, the criteria in	21367
division (E)(1) of this section apply only with respect to	21368
services rendered within the faculty practice plan.	21369

(F) "Home health care services" and "immediate family" have	21370
the same meanings as in the rules adopted under section 4731.70 of	21371
the Revised Code.	21372

(G) "Hospital" has the same meaning as in section 3727.01 of	21373
the Revised Code.	21374

(H) A "referral" includes both of the following:

21375

(1) A request by a holder of a certificate under this chapter	21376
for an item or service, including a request for a consultation	21377
with another physician and any test or procedure ordered by or to	21378
be performed by or under the supervision of the other physician;	21379

(2) A request for or establishment of a plan of care by a	21380
certificate holder that includes the provision of designated	21381
health services.	21382

(I) "Third-party payer" has the same meaning as in section	21383
3901.38 of the Revised Code.	21384

Sec. 4731.71. The auditor of state may implement procedures	21385
to detect violations of section 4731.66 or 4731.69 of the Revised	21386
Code within governmental health care programs administered by the	21387
state. The auditor of state shall report any violation of either	21388
section to the state medical board and shall certify to the	21389
attorney general in accordance with section 131.02 of the Revised	21390
Code the amount of any refund owed to a state-administered	21391
governmental health care program under section 4731.69 of the	21392
Revised Code as a result of a violation. If a refund is owed to	21393
the ~~medical assistance~~medicaid program established under Chapter	21394
5111. of the Revised Code or, the disability medical assistance	21395
program established under Chapter 5115. of the Revised Code, or	21396
the children's buy-in program established under sections 5101.5211	21397
to 5101.5216 of the Revised Code, the auditor of state also shall	21398
report the amount to the department of ~~commerce~~job and family	21399
services.	21400

The state medical board also may implement procedures to	21401
detect violations of section 4731.66 or 4731.69 of the Revised	21402
Code.	21403

Sec. 4735.01. As used in this chapter:

21404

(A) "Real estate broker" includes any person, partnership,	21405
association, limited liability company, limited liability	21406
partnership, or corporation, foreign or domestic, who for another,	21407
whether pursuant to a power of attorney or otherwise, and who for	21408
a fee, commission, or other valuable consideration, or with the	21409
intention, or in the expectation, or upon the promise of receiving	21410
or collecting a fee, commission, or other valuable consideration	21411
does any of the following:	21412

(1) Sells, exchanges, purchases, rents, or leases, or	21413
negotiates the sale, exchange, purchase, rental, or leasing of any	21414
real estate;	21415

(2) Offers, attempts, or agrees to negotiate the sale,	21416
exchange, purchase, rental, or leasing of any real estate;	21417

(3) Lists, or offers, attempts, or agrees to list, or	21418
auctions, or offers, attempts, or agrees to auction, any real	21419
estate;	21420

(4) Buys or offers to buy, sells or offers to sell, or	21421
otherwise deals in options on real estate;	21422

(5) Operates, manages, or rents, or offers or attempts to	21423
operate, manage, or rent, other than as custodian, caretaker, or	21424
janitor, any building or portions of buildings to the public as	21425
tenants;	21426

(6) Advertises or holds self out as engaged in the business	21427
of selling, exchanging, purchasing, renting, or leasing real	21428
estate;	21429

(7) Directs or assists in the procuring of prospects or the	21430
negotiation of any transaction, other than mortgage financing,	21431
which does or is calculated to result in the sale, exchange,	21432
leasing, or renting of any real estate;	21433

(8) Is engaged in the business of charging an advance fee or	21434
contracting for collection of a fee in connection with any	21435
contract whereby the broker undertakes primarily to promote the	21436
sale, exchange, purchase, rental, or leasing of real estate	21437
through its listing in a publication issued primarily for such	21438
purpose, or for referral of information concerning such real	21439
estate to brokers, or both, except that this division does not	21440
apply to a publisher of listings or compilations of sales of real	21441
estate by their owners;	21442

(9) Collects rental information for purposes of referring	21443
prospective tenants to rental units or locations of such units and	21444
charges the prospective tenants a fee.	21445

(B) "Real estate" includes leaseholds as well as any and	21446
every interest or estate in land situated in this state, whether	21447
corporeal or incorporeal, whether freehold or nonfreehold, and the	21448
improvements on the land, but does not include cemetery interment	21449
rights.	21450

(C) "Real estate salesperson" means any person associated	21451
with a licensed real estate broker to do or to deal in any acts or	21452
transactions set out or comprehended by the definition of a real	21453
estate broker, for compensation or otherwise.	21454

(D) "Institution of higher education" means either of the	21455
following:	21456

(1) A nonprofit institution as defined in section 1713.01 of	21457
the Revised Code that actually awards, rather than intends to	21458
award, degrees for fulfilling requirements of academic work beyond	21459
high school;	21460

(2) An institution operated for profit that otherwise	21461
qualifies under the definition of an institution in section	21462
1713.01 of the Revised Code and that actually awards, rather than	21463
intends to award, degrees for fulfilling requirements of academic	21464
work beyond high school.	21465

(E) "Foreign real estate" means real estate not situated in	21466
this state and any interest in real estate not situated in this	21467
state.	21468

(F) "Foreign real estate dealer" includes any person,	21469
partnership, association, limited liability company, limited	21470
liability partnership, or corporation, foreign or domestic, who	21471
for another, whether pursuant to a power of attorney or otherwise,	21472
and who for a fee, commission, or other valuable consideration, or	21473
with the intention, or in the expectation, or upon the promise of	21474
receiving or collecting a fee, commission, or other valuable	21475
consideration, does or deals in any act or transaction specified	21476
or comprehended in division (A) of this section with respect to	21477
foreign real estate.	21478

(G) "Foreign real estate salesperson" means any person	21479
associated with a licensed foreign real estate dealer to do or	21480
deal in any act or transaction specified or comprehended in	21481
division (A) of this section with respect to foreign real estate,	21482
for compensation or otherwise.	21483

(H) Any person, partnership, association, limited liability	21484
company, limited liability partnership, or corporation, who, for	21485
another, in consideration of compensation, by fee, commission,	21486
salary, or otherwise, or with the intention, in the expectation,	21487
or upon the promise of receiving or collecting a fee, does, or	21488
offers, attempts, or agrees to engage in, any single act or	21489
transaction contained in the definition of a real estate broker,	21490
whether an act is an incidental part of a transaction, or the	21491
entire transaction, shall be constituted a real estate broker or	21492
real estate salesperson under this chapter.	21493

(I) The terms "real estate broker," "real estate	21494
salesperson," "foreign real estate dealer," and "foreign real	21495
estate salesperson" do not include a person, partnership,	21496
association, limited liability company, limited liability	21497
partnership, or corporation, or the regular employees thereof, who	21498
perform any of the acts or transactions specified or comprehended	21499
in division (A) of this section, whether or not for, or with the	21500
intention, in expectation, or upon the promise of receiving or	21501
collecting a fee, commission, or other valuable consideration:	21502

(1) With reference to real estate situated in this state or	21503
any interest in it owned by such person, partnership, association,	21504
limited liability company, limited liability partnership, or	21505
corporation, or acquired on its own account in the regular course	21506
of, or as an incident to the management of the property and the	21507
investment in it;	21508

(2) As receiver or trustee in bankruptcy, as guardian,	21509
executor, administrator, trustee, assignee, commissioner, or any	21510
person doing the things mentioned in this section, under authority	21511
or appointment of, or incident to a proceeding in, any court, or	21512
as a public officer, or as executor, trustee, or other bona fide	21513
fiduciary under any trust agreement, deed of trust, will, or other	21514
instrument creating a like bona fide fiduciary obligation;	21515

(3) As a public officer while performing the officer's	21516
official duties;	21517

(4) As an attorney at law in the performance of the	21518
attorney's duties;	21519

(5) As a person who engages in the brokering of the sale of	21520
business assets, not including the negotiation of the sale, lease,	21521
exchange, or assignment of any interest in real estate;	21522

(6) As a person who engages in the sale of manufactured homes	21523
as defined in division (C)(4) of section 3781.06 of the Revised	21524
Code, or of mobile homes as defined in division (O) of section	21525
4501.01 of the Revised Code, provided the sale does not include	21526
the negotiation, sale, lease, exchange, or assignment of any	21527
interest in real estate;	21528

(7) As a person who engages in the sale of commercial real	21529
estate pursuant to the requirements of section 4735.022 of the	21530
Revised Code.	21531

(J) "Physically handicapped licensee" means a person licensed	21532
pursuant to this chapter who is under a severe physical disability	21533
which is of such a nature as to prevent the person from being able	21534
to attend any instruction lasting at least three hours in	21535
duration.	21536

(K) "Division of real estate" may be used interchangeably	21537
with, and for all purposes has the same meaning as, "division of	21538
real estate and professional licensing."	21539

(L) "Superintendent" or "superintendent of real estate" means	21540
the superintendent of the division of real estate and professional	21541
licensing of this state. Whenever the division or superintendent	21542
of real estate is referred to or designated in any statute, rule,	21543
contract, or other document, the reference or designation shall be	21544
deemed to refer to the division or superintendent of real estate	21545
and professional licensing, as the case may be.	21546

(M) "Inactive license" means the license status in which a	21547
salesperson's license is in the possession of the division,	21548
renewed as required under this chapter or rules adopted under this	21549
chapter, and not associated with a real estate broker.	21550

(N) "Broker's license on deposit" means the license status in	21551
which a broker's license is in the possession of the division of	21552
real estate and professional licensing and renewed as required	21553
under this chapter or rules adopted under this chapter.	21554

(O) "Suspended license" means the license status that	21555
prohibits a licensee from providing services that require a	21556
license under this chapter for a specified interval of time.	21557

(P) "Reactivate" means the process prescribed by the	21558
superintendent of real estate and professional licensing to remove	21559
a license from an inactive, voluntary hold, suspended, or broker's	21560
license on deposit status to allow a licensee to provide services	21561
that require a license under this chapter.	21562

(Q) "Revoked" means the license status in which the license	21563
is void and not eligible for reactivation.	21564

(R) "Commercial real estate" means any parcel of real estate	21565
in this state other than real estate containing one to four	21566
residential units. "Commercial real estate" does not include	21567
single-family residential units such as condominiums, townhouses,	21568
manufactured homes, or homes in a subdivision when sold, leased,	21569
or otherwise conveyed on a unit-by-unit basis, even when those	21570
units are a part of a larger building or parcel of real estate	21571
containing more than four residential units.	21572

(S) "Out-of-state commercial broker" includes any person,	21573
partnership, association, limited liability company, limited	21574
liability partnership, or corporation that is licensed to do	21575
business as a real estate broker in a jurisdiction other than	21576
Ohio.	21577

(T) "Out-of-state commercial salesperson" includes any person	21578
affiliated with an out-of-state commercial broker who is not	21579
licensed as a real estate salesperson in Ohio.	21580

(U) "Exclusive right to sell or lease listing agreement"	21581
means an agency agreement between a seller and broker that meets	21582
the requirements of section 4735.55 of the Revised Code and does	21583
both of the following:	21584

(1) Grants the broker the exclusive right to represent the	21585
seller in the sale or lease of the seller's property;	21586

(2) Provides the broker will be compensated if the broker,	21587
the seller, or any other person or entity produces a purchaser or	21588
tenant in accordance with the terms specified in the listing	21589
agreement or if the property is sold or leased during the term of	21590
the listing agreement to anyone other than to specifically	21591
exempted persons or entities.	21592

(V) "Exclusive agency agreement" means an agency agreement	21593
between a seller and broker that meets the requirements of section	21594
4735.55 of the Revised Code and does both of the following:	21595

(1) Grants the broker the exclusive right to represent the	21596
seller in the sale or lease of the seller's property;	21597

(2) Provides the broker will be compensated if the broker or	21598
any other person or entity produces a purchaser or tenant in	21599
accordance with the terms specified in the listing agreement or if	21600
the property is sold or leased during the term of the listing	21601
agreement, unless the property is sold or leased solely through	21602
the efforts of the seller or to the specifically exempted persons	21603
or entities.	21604

(W) "Exclusive purchaser agency agreement" means an agency	21605
agreement between a purchaser and broker that meets the	21606
requirements of section 4735.55 of the Revised Code and does both	21607
of the following:	21608

(1) Grants the broker the exclusive right to represent the	21609
purchaser in the purchase or lease of property;	21610

(2) Provides the broker will be compensated in accordance	21611
with the terms specified in the exclusive agency agreement or if a	21612
property is purchased or leased by the purchaser during the term	21613
of the agency agreement unless the property is specifically	21614
exempted in the agency agreement.	21615

The agreement may authorize the broker to receive	21616
compensation from the seller or the seller's agent and may provide	21617
that the purchaser is not obligated to compensate the broker if	21618
the property is purchased or leased solely through the efforts of	21619
the purchaser.	21620

(X) "Seller" means a party in a real estate transaction who	21621
is the potential transferor of property. "Seller" includes an	21622
owner of property who is seeking to sell the property and a	21623
landlord who is seeking to rent or lease property to another	21624
person.	21625

(Y) "Voluntary hold" means the license status in which a	21626
license is in the possession of the division of real estate and	21627
professional licensing for a period of not more than twelve months	21628
pursuant to section 4735.142 of the Revised Code, is not renewed	21629
in accordance with the requirements specified in this chapter or	21630
the rules adopted pursuant to it, and is not associated with a	21631
real estate broker.	21632

(Z) "Resigned" means the license status in which a license	21633
has been voluntarily surrendered to or is otherwise in the	21634
possession of the division of real estate and professional	21635
licensing, is not renewed in accordance with the requirements	21636
specified in this chapter or the rules adopted pursuant to it, and	21637
is not associated with a real estate broker.	21638

Sec. 4735.02. Except as provided in section 4735.022 of the	21639
Revised Code, no person, partnership, association, limited	21640
liability company, limited liability partnership, or corporation	21641
shall act as a real estate broker or real estate salesperson, or	21642
advertise or assume to act as such, without first being licensed	21643
as provided in this chapter. No person, partnership, association,	21644
limited liability company, limited liability partnership, or	21645
corporation shall provide services that require a license under	21646
this chapter if the licensee's license is inactive, suspended,	21647
placed on voluntary hold, resigned, or a broker's license on	21648
deposit, or if the license has been revoked. Nothing contained in	21649
this chapter shall be construed as authorizing a real estate	21650
broker or salesperson to perform any service constituting the	21651
practice of law.	21652

No partnership, association, limited liability company,	21653
limited liability partnership, or corporation holding a real	21654
estate license shall employ as an officer, director, manager, or	21655
principal employee any person previously holding a license as a	21656
real estate broker, real estate salesperson, foreign real estate	21657
dealer, or foreign real estate salesperson, whose license has been	21658
placed in inactive, voluntary hold, or resigned status, or is	21659
suspended, or revoked and who has not thereafter reactivated the	21660
license or received a new license.	21661

Sec. 4735.10. (A)(1) The Ohio real estate commission may	21662
adopt reasonable rules in accordance with Chapter 119. of the	21663
Revised Code, necessary for implementing the provisions of this	21664
chapter relating, but not limited to, the following:	21665

(a) The form and manner of filing applications for license;

21666

(b) Times and form of examination for license;

21667

(c) Placing an existing broker's license on deposit or a	21668
salesperson's license on an inactive status for an indefinite	21669
period;	21670

(d) Specifying the process by which a licensee may place the	21671
licensee's license on voluntary hold or resigned status;	21672

(e) Defining any additional license status that the	21673
commission determines is necessary and that is not otherwise	21674
defined in this chapter and establishing the process by which a	21675
licensee places the licensee's license in a status defined by the	21676
commission in the rules the commission adopts.	21677

(2) The commission shall adopt reasonable rules in accordance	21678
with Chapter 119. of the Revised Code, for implementing the	21679
provisions of this chapter relating to the following:	21680

(a) The issuance, renewal, suspension, and revocation of	21681
licenses, other sanctions that may be imposed for violations of	21682
this chapter, the conduct of hearings related to these actions,	21683
and the process of reactivating a license;	21684

(b) By not later than January 1, 2004, a three-year license	21685
and a three-year license renewal system;	21686

(c) Standards for the approval of courses of study required	21687
for licenses, or offered in preparation for license examinations,	21688
or required as continuing education for licenses.	21689

(d) Guidelines to ensure that continuing education classes	21690
are open to all persons licensed under this chapter. The rules	21691
shall specify that an organization that sponsors a continuing	21692
education class may offer its members a reasonable reduction in	21693
the fees charged for the class.	21694

(e) Requirements for trust accounts and property management	21695
accounts. The rules shall specify that:	21696

(i) Brokerages engaged in the management of property for	21697
another may, pursuant to a written contract with the property	21698
owner, exercise signatory authority for withdrawals from property	21699
management accounts maintained in the name of the property owner.	21700
The exercise of authority for withdrawals does not constitute a	21701
violation of any provision of division (A) of section 4735.18 of	21702
the Revised Code.	21703

(ii) The interest earned on property management trust	21704
accounts maintained in the name of the property owner or the	21705
broker shall be payable to the property owner unless otherwise	21706
specified in a written contract.	21707

(f) Notice of renewal forms and filing deadlines;

21708

(g) Special assessments under division (A) of section 4735.12	21709
of the Revised Code.	21710

(B) The commission may adopt rules in accordance with Chapter	21711
119. of the Revised Code establishing standards and guidelines	21712
with which the superintendent of real estate shall comply in the	21713
exercise of the following powers:	21714

(1) Appointment and recommendation of ancillary trustees	21715
under section 4735.05 of the Revised Code;	21716

(2) Rejection of names proposed to be used by partnerships,	21717
associations, limited liability companies, limited liability	21718
partnerships, and corporations, under division (A) of section	21719
4735.06 of the Revised Code;	21720

(3) Acceptance and rejection of applications to take the	21721
broker and salesperson examinations and licensure, with	21722
appropriate waivers pursuant to division (E) of section 4735.07	21723
and section 4735.09 of the Revised Code;	21724

(4) Approval of applications of brokers to place their	21725
licenses on deposit and to become salespersons under section	21726
4735.13 of the Revised Code;	21727

(5) Appointment of hearing examiners under section 119.09 of	21728
the Revised Code;	21729

(6) Acceptance and rejection of applications to take the	21730
foreign real estate dealer and salesperson examinations and	21731
licensure, with waiver of examination, under sections 4735.27 and	21732
4735.28 of the Revised Code;	21733

(7) Qualification of foreign real estate under section	21734
4735.25 of the Revised Code.	21735

If at any time there is no rule in effect establishing a	21736
guideline or standard required by this division, the	21737
superintendent may adopt a rule in accordance with Chapter 119. of	21738
the Revised Code for such purpose.	21739

(C) The commission or superintendent may hear testimony in	21740
matters relating to the duties imposed upon them, and the	21741
president of the commission and superintendent may administer	21742
oaths. The commission or superintendent may require other proof of	21743
the honesty, truthfulness, and good reputation of any person named	21744
in an application for a real estate broker's or real estate	21745
salesperson's license before admitting the applicant to the	21746
examination or issuing a license.	21747

Sec. 4735.13. (A) The license of a real estate broker shall	21748
be prominently displayed in the office or place of business of the	21749
broker, and no license shall authorize the licensee to do business	21750
except from the location specified in it. If the broker maintains	21751
more than one place of business within the state, the broker shall	21752
apply for and procure a duplicate license for each branch office	21753
maintained by the broker. Each branch office shall be in the	21754
charge of a licensed broker or salesperson. The branch office	21755
license shall be prominently displayed at the branch office	21756
location.	21757

(B) The license of each real estate salesperson shall be	21758
mailed to and remain in the possession of the licensed broker with	21759
whom the salesperson is or is to be associated until the licensee	21760
places the license on inactive, voluntary hold, or resigned status	21761
or until the salesperson leaves the brokerage or is terminated.	21762
The broker shall keep each salesperson's license in a way that it	21763
can, and shall on request, be made immediately available for	21764
public inspection at the office or place of business of the	21765
broker. Except as provided in divisions (G) and (H) of this	21766
section, immediately upon the salesperson's leaving the	21767
association or termination of the association of a real estate	21768
salesperson with the broker, the broker shall return the	21769
salesperson's license to the superintendent of real estate.	21770

The failure of a broker to return the license of a real	21771
estate salesperson or broker who leaves or who is terminated, via	21772
certified mail return receipt requested, within three business	21773
days of the receipt of a written request from the superintendent	21774
for the return of the license, is prima-facie evidence of	21775
misconduct under division (A)(6) of section 4735.18 of the Revised	21776
Code.	21777

(C) Any licensee who is convicted of a felony or a crime	21778
involving moral turpitude or of violating any federal, state, or	21779
municipal civil rights law pertaining to discrimination in	21780
housing, or any court that issues a finding of an unlawful	21781
discriminatory practice pertaining to housing accommodations	21782
described in division (H) of section 4112.02 of the Revised Code	21783
or that convicts a licensee of a violation of any municipal civil	21784
rights law pertaining to housing discrimination, shall notify the	21785
superintendent of the conviction or finding within fifteen days.	21786
If a licensee fails to notify the superintendent within the	21787
required time, the superintendent immediately may revoke the	21788
license of the licensee.	21789

Any court that convicts a licensee of a violation of any	21790
municipal civil rights law pertaining to housing discrimination	21791
also shall notify the Ohio civil rights commission within fifteen	21792
days of the conviction.	21793

(D) In case of any change of business location, a broker	21794
shall give notice in writing to the superintendent, whereupon the	21795
superintendent shall issue new licenses for the unexpired period	21796
without charge. If a broker changes a business location without	21797
giving the required notice and without receiving new licenses that	21798
action is prima-facie evidence of misconduct under division (A)(6)	21799
of section 4735.18 of the Revised Code.	21800

(E) If a real estate broker desires to associate with another	21801
real estate broker in the capacity of a real estate salesperson,	21802
the broker shall apply to the superintendent to deposit the	21803
broker's real estate broker's license with the superintendent and	21804
for the issuance of a real estate salesperson's license. The	21805
application shall be made on a form prescribed by the	21806
superintendent and shall be accompanied by the recommendation of	21807
the real estate broker with whom the applicant intends to become	21808
associated and a fee of twenty-five dollars for the real estate	21809
salesperson's license. Four dollars of the fee shall be credited	21810
to the real estate education and research fund. If the	21811
superintendent is satisfied that the applicant is honest,	21812
truthful, and of good reputation, has not been convicted of a	21813
felony or a crime involving moral turpitude, and has not been	21814
finally adjudged by a court to have violated any municipal, state,	21815
or federal civil rights laws relevant to the protection of	21816
purchasers or sellers of real estate, and that the association of	21817
the real estate broker and the applicant will be in the public	21818
interest, the superintendent shall grant the application and issue	21819
a real estate salesperson's license to the applicant. Any license	21820
so deposited with the superintendent shall be subject to this	21821
chapter. A broker who intends to deposit the broker's license with	21822
the superintendent, as provided in this section, shall give	21823
written notice of this fact in a format prescribed by the	21824
superintendent to all salespersons associated with the broker when	21825
applying to place the broker's license on deposit.	21826

(F) If a real estate broker desires to become a member or	21827
officer of a partnership, association, limited liability company,	21828
limited liability partnership, or corporation that is or intends	21829
to become a licensed real estate broker, the broker shall notify	21830
the superintendent of the broker's intentions. The notice of	21831
intention shall be on a form prescribed by the superintendent and	21832
shall be accompanied by a fee of twenty-five dollars. Four dollars	21833
of the fee shall be credited to the real estate education and	21834
research fund.	21835

No real estate broker who is a member or officer of a	21836
partnership, association, limited liability company, limited	21837
liability partnership, or corporation that is a licensed real	21838
estate broker shall perform any acts as a real estate broker other	21839
than as the agent of the partnership, association, limited	21840
liability company, limited liability partnership, or corporation,	21841
and such broker shall not have any real estate salespersons	21842
associated with the broker.	21843

(G) If a real estate broker or salesperson enters the armed	21844
forces, the broker or salesperson may place the broker's or	21845
salesperson's license on deposit with the Ohio real estate	21846
commission. The licensee shall not be required to renew the	21847
license until the renewal date that follows the date of discharge	21848
from the armed forces. Any license deposited with the commission	21849
shall be subject to this chapter. Any licensee whose license is on	21850
deposit under this division and who fails to meet the continuing	21851
education requirements of section 4735.141 of the Revised Code	21852
because the licensee is in the armed forces shall satisfy the	21853
commission that the licensee has complied with the continuing	21854
education requirements within twelve months of the licensee's	21855
discharge. The commission shall notify the licensee of the	21856
licensee's obligations under section 4735.141 of the Revised Code	21857
at the time the licensee applies for reactivation of the	21858
licensee's license.	21859

(H) If a licensed real estate salesperson submits an	21860
application to the superintendent to leave the association of one	21861
broker to associate with a different broker, the broker possessing	21862
the licensee's license need not return the salesperson's license	21863
to the superintendent. The superintendent may process the	21864
application regardless of whether the licensee's license is	21865
returned to the superintendent.	21866

Sec. 4735.14. (A) Each license issued under this chapter,	21867
shall be valid without further recommendation or examination until	21868
it is placed in an inactive, voluntary hold, or resigned status,	21869
is revoked,or suspended, or such license expires by operation of	21870
law.	21871

(B) ~~Each~~Except for a licensee who has placed the licensee's	21872
license on voluntary hold or resigned status pursuant to section	21873
4735.142 of the Revised Code, each licensed broker, brokerage, or	21874
salesperson shall file, on or before the date the Ohio real estate	21875
commission has adopted by rule for that licensee in accordance	21876
with division (A)(2)(f) of section 4735.10 of the Revised Code, a	21877
notice of renewal on a form prescribed by the superintendent of	21878
real estate. The notice of renewal shall be mailed by the	21879
superintendent to the most current personal residence address of	21880
each broker or salesperson as filed with the superintendent by the	21881
licensee and the place of business address of the brokerage two	21882
months prior to the filing deadline.	21883

(C) ~~The~~Except as otherwise provided in division (B) of this	21884
section, the license of any real estate broker, brokerage, or	21885
salesperson that fails to file a notice of renewal on or before	21886
the filing deadline of each ensuing year shall be suspended	21887
automatically without the taking of any action by the	21888
superintendent. A suspended license may be reactivated within	21889
twelve months of the date of suspension, provided that the renewal	21890
fee plus a penalty fee of fifty per cent of the renewal fee is	21891
paid to the superintendent. Failure to reactivate the license as	21892
provided in this division shall result in automatic revocation of	21893
the license without the taking of any action by the	21894
superintendent. No person, partnership, association, corporation,	21895
limited liability company, or limited partnership shall engage in	21896
any act or acts for which a real estate license is required while	21897
that entity's license is placed in an inactive, voluntary hold, or	21898
resigned status, or is suspended, or revoked. The commission shall	21899
adopt rules in accordance with Chapter 119. of the Revised Code to	21900
provide to licensees notice of suspension or revocation or both.	21901

(D) Each licensee shall notify the commission of a change in	21902
personal residence address. A licensee's failure to notify the	21903
commission of a change in personal residence address does not	21904
negate the requirement to file the license renewal by the required	21905
deadline established by the commission by rule under division	21906
(A)(2)(f) of section 4735.10 of the Revised Code.	21907

(E) The superintendent shall not renew a license if the	21908
licensee is not in compliance with this chapter.	21909

Sec. 4735.141. (A) Except as otherwise provided in this	21910
division and except for a licensee who has placed the licensee's	21911
license on voluntary hold or resigned status pursuant to section	21912
4735.142 of the Revised Code, each person licensed under section	21913
4735.07 or 4735.09 of the Revised Code shall submit proof	21914
satisfactory to the superintendent of real estate that the	21915
licensee has satisfactorily completed thirty hours of continuing	21916
education, as prescribed by the Ohio real estate commission	21917
pursuant to section 4735.10 of the Revised Code, on or before the	21918
licensee's birthday occurring three years after the licensee's	21919
date of initial licensure, and on or before the licensee's	21920
birthday every three years thereafter.	21921

Persons licensed as real estate salespersons who subsequently	21922
become licensed real estate brokers shall continue to submit proof	21923
of continuing education in accordance with the time period	21924
established in this section.	21925

The requirements of this section shall not apply to any	21926
physically handicapped licensee as provided in division (E) of	21927
this section.	21928

Each licensee who is seventy years of age or older, within a	21929
continuing education reporting period, shall submit proof	21930
satisfactory to the superintendent of real estate that the	21931
licensee has satisfactorily completed a total of nine classroom	21932
hours of continuing education, including instruction in Ohio real	21933
estate law; recently enacted state and federal laws affecting the	21934
real estate industry; municipal, state, and federal civil rights	21935
law; and canons of ethics for the real estate industry as adopted	21936
by the commission. The required proof of completion shall be	21937
submitted on or before the licensee's birthday that falls in the	21938
third year of that continuing education reporting period. A	21939
licensee who is seventy years of age or older whose license is in	21940
an inactive status is exempt from the continuing education	21941
requirements specified in this section. The commission shall adopt	21942
reasonable rules in accordance with Chapter 119. of the Revised	21943
Code to carry out the purposes of this paragraph.	21944

(B) The continuing education requirements of this section	21945
shall be completed in schools, seminars, and educational	21946
institutions approved by the commission. Such approval shall be	21947
given according to rules established by the commission under the	21948
procedures of Chapter 119. of the Revised Code, and shall not be	21949
limited to institutions providing two-year or four-year degrees.	21950
Each school, seminar, or educational institution approved under	21951
this division shall be open to all licensees on an equal basis.	21952

(C) If the requirements of this section are not met by a	21953
licensee within the period specified, the licensee's license shall	21954
be suspended automatically without the taking of any action by the	21955
superintendent. The superintendent shall notify the licensee of	21956
the license suspension. Any license so suspended shall remain	21957
suspended until it is reactivated by the superintendent. No such	21958
license shall be reactivated until it is established, to the	21959
satisfaction of the superintendent, that the requirements of this	21960
section have been met. If the requirements of this section are not	21961
met within twelve months from the date the license was suspended,	21962
the license shall be revoked automatically without the taking of	21963
any action by the superintendent.	21964

(D) If the license of a real estate broker is suspended	21965
pursuant to division (C) of this section, the license of a real	21966
estate salesperson associated with that broker correspondingly is	21967
suspended pursuant to division (H) of section 4735.20 of the	21968
Revised Code. However, the suspended license of the associated	21969
real estate salesperson shall be reactivated and no fee shall be	21970
charged or collected for that reactivation if all of the following	21971
occur:	21972

(1) That broker subsequently submits proof to the	21973
superintendent that the broker has complied with the requirements	21974
of this section and requests that the broker's license as a real	21975
estate broker be reactivated.	21976

(2) The superintendent then reactivates the broker's license	21977
as a real estate broker.	21978

(3) The associated real estate salesperson intends to	21979
continue to be associated with that broker, has complied with the	21980
requirements of this section, and otherwise is in compliance with	21981
this chapter.	21982

Any person whose license is reactivated pursuant to this	21983
division shall submit proof satisfactory to the superintendent	21984
that the person has completed thirty hours of continuing	21985
education, as prescribed by the Ohio real estate commission, on or	21986
before the third year following the licensee's birthday occurring	21987
immediately after reactivation.	21988

(E) Any licensee who is a physically handicapped licensee at	21989
any time during the last three months of the third year of the	21990
licensee's continuing education reporting period may receive an	21991
extension of time to submit proof to the superintendent that the	21992
licensee has satisfactorily completed the required thirty hours of	21993
continuing education. To receive an extension of time, the	21994
licensee shall submit a request to the division of real estate for	21995
the extension and proof satisfactory to the commission that the	21996
licensee was a physically handicapped licensee at some time during	21997
the last three months of the three-year reporting period. The	21998
proof shall include, but is not limited to, a signed statement by	21999
the licensee's attending physician describing the physical	22000
disability, certifying that the licensee's disability is of such a	22001
nature as to prevent the licensee from attending any instruction	22002
lasting at least three hours in duration, and stating the expected	22003
duration of the physical disability. The licensee shall request	22004
the extension and provide the physician's statement to the	22005
division no later than one month prior to the end of the	22006
licensee's three-year continuing education reporting period,	22007
unless the physical disability did not arise until the last month	22008
of the three-year reporting period, in which event the licensee	22009
shall request the extension and provide the physician's statement	22010
as soon as practical after the occurrence of the physical	22011
disability. A licensee granted an extension pursuant to this	22012
division who is no longer a physically handicapped licensee and	22013
who submits proof of completion of the continuing education during	22014
the extension period, shall submit, for future continuing	22015
education reporting periods, proof of completion of the continuing	22016
education requirements according to the schedule established in	22017
division (A) of this section.	22018

Sec. 4735.142. (A) Any person licensed under section 4735.07	22019
or 4735.09 of the Revised Code, at any time prior to the date the	22020
licensee is required to file a notice of renewal pursuant to	22021
division (B) of section 4735.14 of the Revised Code may apply to	22022
the superintendent of real estate and professional licensing to	22023
place the licensee's license on voluntary hold or a resigned	22024
status.	22025

(B) If the superintendent has placed a license on voluntary	22026
hold pursuant to a request made under division (A) of this	22027
section, the licensee who requested that the licensee's license be	22028
placed on voluntary hold may apply to the superintendent to	22029
reactivate that license within twelve months after the date the	22030
license is placed on voluntary hold. The superintendent shall	22031
reactivate that license if the licensee complies with the	22032
requirements for such reactivation that are specified in rules	22033
adopted by the Ohio real estate commission pursuant to division	22034
(A) of section 4735.10 of the Revised Code and satisfies all of	22035
the following requirements:	22036

(1) The licensee complies with the postlicensure education	22037
requirements specified in section 4735.07 or 4735.09 of the	22038
Revised Code, as applicable;	22039

(2) The licensee complies with the continuing education	22040
requirements specified in section 4735.141 of the Revised Code;	22041

(3) The licensee renews the licensee's license in accordance	22042
with section 4735.14 of the Revised Code and, if applicable, pays	22043
the annual brokerage assessment fee in accordance with the	22044
requirements specified in rules adopted by the commission.	22045

(C) If a licensee does not apply to reactivate a license on	22046
voluntary hold pursuant to division (B) of this section during the	22047
twelve-month time period specified in that division or does not	22048
satisfy the requirements specified in that division during that	22049
twelve-month period, the superintendent shall consider that	22050
license to be in a resigned status. The superintendent shall not	22051
reactivate a resigned license. The resignation of a license is	22052
considered to be final without the taking of any action by the	22053
superintendent. If a person whose license is in a resigned status	22054
pursuant to this division wishes to obtain an active license, the	22055
person shall apply for an active license in accordance with the	22056
requirements specified in section 4735.07 or 4735.09 of the	22057
Revised Code, as applicable.	22058

(D) A licensee, at any time during which a license has been	22059
suspended pursuant to division (G) of section 4735.07, division	22060
(G) of section 4735.09, division (E) of section 4735.12, division	22061
(C) of section 4735.14, division (C) of section 4735.141, or	22062
section 4735.182 of the Revised Code, may apply to the	22063
superintendent on a form prescribed by the superintendent to	22064
voluntarily resign the licensee's license. The resignation of a	22065
license is considered to be final without the taking of any action	22066
by the superintendent. If a person whose license is in a resigned	22067
status pursuant to a request made under this division wishes to	22068
obtain an active or inactive license, the person shall apply for	22069
such a license in accordance with the requirements specified in	22070
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	22071
in the rules adopted by the commission pursuant to division (A)	22072
of section 4735.10 of the Revised Code.	22073

(E) If placing a broker's license on voluntary hold or a	22074
resigned status will result in the closure of the broker's	22075
brokerage, the broker, within three days after applying to the	22076
superintendent to place the license on voluntary hold or a	22077
resigned status, shall provide to each salesperson associated	22078
with that broker a written notice stating that fact.	22079

(F) This section does not apply to any licensee whose license	22080
has been suspended pursuant to division (F) of section 4735.181 of	22081
the Revised Code or due to disciplinary action ordered by the	22082
commission pursuant to section 4735.051 of the Revised Code.	22083

Sec. 4752.04. A person seeking a license to provide home	22084
medical equipment services shall apply to the Ohio respiratory	22085
care board on a form the board shall prescribe and provide. The	22086
application must be accompanied by the license application fee	22087
established in rules adopted under section 4752.17 of the Revised	22088
Code ~~and~~, except that the board may waive all or part of the fee	22089
if the board determines that an applicant's license will be	22090
issued in the last six months of the biennial licensing period	22091
established under section 4752.05 of the Revised Code.	22092

In the application, the applicant shall specify the name and	22093
location of the facility from which services will be provided.	22094

Sec. 4752.05. (A) The Ohio respiratory care board shall issue	22095
a license to provide home medical equipment services to each	22096
applicant under section 4752.04 of the Revised Code that meets	22097
either of the following requirements:	22098

(1) Meets the standards established by the board in rules	22099
adopted under section 4752.17 of the Revised Code;	22100

(2) Is a pharmacy licensed under Chapter 4729. of the Revised	22101
Code that receives total payments of ten thousand dollars or more	22102
per year from selling or renting home medical equipment.	22103

(B) During the period ending one year after ~~the effective~~	22104
~~date of this section~~September 16, 2004, an applicant that does	22105
not meet either of the requirements of division (A) of this	22106
section shall be granted a provisional license if for at least	22107
twelve months prior to ~~the effective date of this section~~	22108
September 16, 2004 the applicant was engaged in the business of	22109
providing home medical equipment services. The provisional license	22110
expires one year following the date on which it is issued and is	22111
not subject to renewal under section 4752.06 of the Revised Code.	22112

(C) The board may conduct a personal interview of an	22113
applicant, or an applicant's representative, to determine the	22114
applicant's qualifications for licensure.	22115

(D) A license issued under division (A) of this section is	22116
~~valid from the day it is issued until the thirtieth day of June~~	22117
~~that immediately follows the date of issue. Thereafter a license~~	22118
~~is valid only if it is~~expires at the end of the licensing period	22119
for which it is issued and may be renewed in accordance with	22120
section 4752.06 of the Revised Code ~~biennially on or before the~~	22121
~~thirtieth day of June~~. For purposes of issuing and renewing	22122
licenses, the board shall use a biennial licensing period that	22123
begins on the first day of July of each even-numbered year and	22124
ends on the thirtieth day of June of the next succeeding	22125
even-numbered year.	22126

(E) Any license issued under this section is valid only for	22127
the facility named in the application.	22128

Sec. 4752.06. Except for a provisional license issued under	22129
section 4752.05 of the Revised Code, a license issued under this	22130
chapter shall be renewed by the Ohio respiratory care board if the	22131
license holder is in compliance with the applicable requirements	22132
of this chapter.	22133

An application for license renewal shall be accompanied by	22134
the renewal fee established in rules adopted under section 4752.17	22135
of the Revised Code and, except as provided in division (B) of	22136
section 4752.07 of the Revised Code, by documentation	22137
satisfactory to the board that the continuing education	22138
requirements of section 4752.07 of the Revised Code have been met.	22139
Renewals shall be made in accordance with the standard renewal	22140
procedure established under Chapter 4745. of the Revised Code and	22141
the renewal procedures established in rules adopted under section	22142
4752.17 of the Revised Code.	22143

Sec. 4752.07. (A) The holder of a license issued under this	22144
chapter shall do all of the following:	22145

~~(A)~~(1) Maintain a physical facility and a medical equipment	22146
inventory;	22147

~~(B)~~(2) Establish equipment management and personnel policies;

22148

~~(C)~~(3) Provide life-sustaining home medical equipment, as	22149
described in division (B)(1) of section 4752.01 of the Revised	22150
Code, and related home medical equipment services twenty-four	22151
hours per day, seven days per week;	22152

~~(D) Require~~(4) Except as provided in division (B) of this	22153
section, require persons in its employ or under its control who	22154
provide home medical equipment services to successfully complete	22155
continuing education programs in home medical equipment services	22156
that meet the standards established by rule adopted under section	22157
4752.17 of the Revised Code and maintain records on participation	22158
in those programs;	22159

~~(E)~~(5) Maintain records on all individuals to whom it	22160
provides home medical equipment and services;	22161

~~(F)~~(6) Maintain liability insurance, including coverage for	22162
professional and products liability;	22163

~~(G)~~(7) Comply with all other requirements established by rule	22164
adopted under section 4752.17 of the Revised Code that apply to	22165
persons licensed under this chapter.	22166

(B) For the first renewal of a license that was issued in the	22167
last six months of the biennial licensing period established under	22168
section 4752.05 of the Revised Code, the board may waive all or	22169
part of the continuing education requirements that otherwise would	22170
have to be met to renew the license under section 4752.06 of the	22171
Revised Code.	22172

Sec. 4752.11. (A) A person seeking a certificate of	22173
registration to provide home medical equipment services shall	22174
apply to the Ohio respiratory care board on a form the board shall	22175
prescribe and provide. The application must be accompanied by the	22176
registration fee established in rules adopted under section	22177
4752.17 of the Revised Code, except that the board may waive all	22178
or part of the fee if the board determines that an applicant's	22179
certificate of registration will be issued in the last six months	22180
of the biennial registration period established under section	22181
4752.12 of the Revised Code.	22182

(B) The applicant shall specify in the application all of the	22183
following:	22184

(1) The name of the facility from which services will be	22185
provided;	22186

(2) The facility's address;

22187

(3) The facility's telephone number;

22188

(4) A person who may be contacted with regard to the	22189
facility;	22190

(5) The name of the national accrediting body that issued the	22191
accreditation on which the application is based;	22192

(6) The applicant's accreditation number and the expiration	22193
date of the accreditation;	22194

(7) A telephone number that may be used twenty-four hours a	22195
day, seven days a week, to obtain information related to the	22196
facility's provision of home medical equipment services.	22197

Sec. 4752.12. (A) The Ohio respiratory care board shall	22198
issue a certificate of registration to provide home medical	22199
equipment services to each applicant who submits a complete	22200
application under section 4752.11 of the Revised Code. For	22201
purposes of this division, an application is complete only if the	22202
board finds that the applicant holds accreditation from the joint	22203
commission on accreditation of healthcare organizations or another	22204
national accrediting body recognized by the board, as specified in	22205
rules adopted under section 4752.17 of the Revised Code.	22206

(B) A certificate of registration issued under this section	22207
~~is valid from the day it is issued until the thirtieth day of June~~	22208
~~that immediately follows the date of issue. Thereafter, a~~	22209
~~certificate of registration is valid only if it is~~expires at the	22210
end of the registration period for which it is issued and may be	22211
renewed in accordance with section 4752.13 of the Revised Code	22212
~~biennially on or before the thirtieth day of June~~. For purposes of	22213
renewing certificates of registration, the board shall use a	22214
biennial registration period that begins on the first day of July	22215
of each even-numbered year and ends on the thirtieth day of June	22216
of the next succeeding even-numbered year.	22217

(C) A certificate of registration issued under this section	22218
is valid only for the facility named in the application.	22219

Sec. 4752.13. A certificate of registration issued under this	22220
chapter shall be renewed by the Ohio respiratory care board if the	22221
certificate holder is accredited by the joint commission on	22222
accreditation of healthcare organizations or another national	22223
accrediting body recognized by the board, as specified in rules	22224
adopted under section 4752.17 of the Revised Code.	22225

An application for renewal of a certificate of registration	22226
shall be accompanied by the renewal fee established in rules	22227
adopted under section 4752.17 of the Revised Code. Renewals shall	22228
be made in accordance with the standard renewal procedure	22229
established under Chapter 4745. of the Revised Code and the	22230
renewal procedures established in rules adopted under section	22231
4752.17 of the Revised Code.	22232

Sec. 4905.84. (A) As used in this section:

22233

(1) "Telecommunications relay service" means intrastate	22234
transmission services that provide the ability for an individual	22235
who has a hearing or speech impairment to engage in a	22236
communication by wire or radio with a hearing individual in a	22237
manner that is functionally equivalent to the ability of an	22238
individual who does not have a hearing or speech impairment to	22239
communicate using voice communication services by wire or radio.	22240
"Telecommunications relay service" includes services that enable	22241
two-way communication between an individual who uses a	22242
telecommunications device for the deaf or other nonvoice terminal	22243
device and an individual who does not use such a device.	22244

(2) "TRS provider" means an entity selected by the public	22245
utilities commission as the provider of telecommunications relay	22246
service for this state as part of the commission's intrastate	22247
telecommunications relay service program certified pursuant to	22248
federal law.	22249

(B) For the sole purpose of funding telecommunications relay	22250
service, the commission shall, not earlier than January 1, 2009,	22251
impose on and collect from each service provider that is required	22252
under federal law to provide its customers access to	22253
telecommunications relay service an annual assessment to pay for	22254
costs incurred by the TRS provider for providing such service in	22255
Ohio. The commission shall determine the appropriate service	22256
providers to be assessed the telecommunications relay service	22257
costs, including telephone companies as defined in division	22258
(A)(2) of section 4905.03 of the Revised Code, commercial mobile	22259
radio service providers, and providers of advanced services or	22260
internet protocol-enabled services that are competitive with or	22261
functionally equivalent to basic local exchange service as	22262
defined in section 4927.01 of the Revised Code.	22263

(C) The assessment shall be allocated proportionately among	22264
the appropriate service providers using a competitively neutral	22265
formula established by the commission based on the number of	22266
retail intrastate customer access lines or their equivalent. The	22267
commission shall annually reconcile the funds collected with the	22268
actual costs of providing telecommunications relay service when it	22269
issues the assessment and shall either proportionately charge the	22270
service providers for any amounts not sufficient to cover the	22271
actual costs or proportionately credit amounts collected in excess	22272
of the actual costs. The total amount assessed from all service	22273
providers shall not exceed the total telecommunications relay	22274
service costs.	22275

Each service provider that pays the assessment shall be	22276
permitted to recover the cost of the assessment. The method of	22277
recovery may include, but is not limited to, a customer billing	22278
surcharge.	22279

The commission shall deposit the money collected in the	22280
telecommunications relay service fund, which is hereby created in	22281
the state treasury, and shall use the money in that fund solely	22282
to compensate the TRS provider.	22283

(D) The commission shall take such measures as it considers	22284
necessary to protect the confidentiality of information provided	22285
to the commission pursuant to this section by service providers	22286
required to pay the assessment.	22287

(E) The commission may assess a forfeiture of not more than	22288
one thousand dollars on any service provider failing to comply	22289
with this section. Each day's continuance of such failure is a	22290
separate offense. The forfeiture shall be recovered in accordance	22291
with sections 4905.55 to 4905.60 of the Revised Code.	22292

(F) The jurisdiction and authority granted to the commission	22293
by this section is limited to the administration and enforcement	22294
of this section. The commission may adopt such rules as it finds	22295
necessary to carry out this section. The commission shall adopt	22296
rules under section 111.15 of the Revised Code to establish the	22297
assessment amounts and procedures.	22298

Sec. 4906.13. (A) As used in this section and sections	22299
4906.20 and 4906.98 of the Revised Code, "economically	22300
significant wind farm" means wind turbines and associated	22301
facilities with a single interconnection to the electrical grid	22302
and designed for, or capable of, operation at an aggregate	22303
capacity of five or more megawatts but less than fifty megawatts.	22304
The term excludes any such wind farm in operation on the	22305
effective date of this section.	22306

(B) No public agency or political subdivision of this state	22307
may require any approval, consent, permit, certificate, or other	22308
condition for the construction or initial operation of a major	22309
utility facility or economically significant wind farm authorized	22310
by a certificate issued pursuant to Chapter 4906. of the Revised	22311
Code. Nothing herein shall prevent the application of state laws	22312
for the protection of employees engaged in the construction of	22313
such facility or wind farm nor of municipal regulations that do	22314
not pertain to the location or design of, or pollution control	22315
and abatement standards for, a major utility facility or	22316
economically significant wind farm for which a certificate has	22317
been granted under this chapter.	22318

Sec. 4906.20. (A) No person shall commence to construct an	22319
economically significant wind farm in this state without first	22320
having obtained a certificate from the power siting board. An	22321
economically significant wind farm with respect to which such a	22322
certificate is required shall be constructed, operated, and	22323
maintained in conformity with that certificate and any terms,	22324
conditions, and modifications it contains. A certificate shall be	22325
issued only pursuant to this section. The certificate may be	22326
transferred, subject to the approval of the board, to a person	22327
that agrees to comply with those terms, conditions, and	22328
modifications.	22329

(B) The board shall adopt rules governing the certificating	22330
of economically significant wind farms under this section. Initial	22331
rules shall be adopted within one hundred twenty days after this	22332
section's effective date.	22333

(1) The rules shall provide for an application process for	22334
certificating economically significant wind farms that is	22335
identical to the extent practicable to the process applicable to	22336
certificating major utility facilities under sections 4906.06,	22337
4906.07, 4906.08, 4906.09, 4906.11, and 4906.12 of the Revised	22338
Code and shall prescribe a reasonable schedule of application	22339
filing fees structured in the manner of the schedule of filing	22340
fees required for major utility facilities.	22341

(2) Additionally, the rules shall prescribe reasonable	22342
regulations regarding any wind turbines and associated facilities	22343
of an economically significant wind farm, including, but not	22344
limited to, their location, erection, construction,	22345
reconstruction, change, alteration, maintenance, removal, use, or	22346
enlargement and including erosion control, aesthetics,	22347
recreational land use, wildlife protection, interconnection with	22348
power lines and with regional transmission organizations,	22349
independent transmission system operators, or similar	22350
organizations, ice throw, sound and noise levels, blade shear,	22351
shadow flicker, decommissioning, and necessary cooperation for	22352
site visits and enforcement investigations. The rules also shall	22353
prescribe a minimum setback for a wind turbine of an economically	22354
significant wind farm. That minimum shall be equal to a	22355
horizontal distance, from the turbine's base to the property line	22356
of the wind farm property, equal to one and one-tenth times the	22357
total height of the turbine structure as measured from its base	22358
to the tip of its highest blade and be at least seven hundred	22359
fifty feet in horizontal distance from the tip of the turbine's	22360
nearest blade at ninety degrees to the exterior of the nearest,	22361
habitable, residential structure, if any, located on adjacent	22362
property at the time of the certification application. The	22363
setback shall apply in all cases except those in which all	22364
owners of property adjacent to the wind farm property waive	22365
application of the setback to that property pursuant to a	22366
procedure the board shall establish by rule and except in which,	22367
in a particular case, the board determines that a setback	22368
greater than the minimum is necessary.	22369

(C) The board shall approve, or may modify and approve, an	22370
application for economically significant wind farm certification	22371
if it finds that the construction, operation, and maintenance of	22372
the economically significant wind farm will comply with the rules	22373
adopted under division (B) of this section. The certificate shall	22374
be conditioned upon the economically significant wind farm	22375
complying with rules adopted under section 4561.32 of the Revised	22376
Code.	22377

Sec. 4906.98. (A) No person shall construct a major utility	22378
facility or economically significant wind farm without first	22379
obtaining a certificate.	22380

(B) No person shall construct, operate, or maintain a major	22381
utility facility or economically significant wind farm other than	22382
in compliance with the certificate the person has obtained.	22383

(C) No person or economically significant wind farm shall	22384
fail to comply with any order issued pursuant to this chapter or	22385
with a suspension otherwise required under division (B) of	22386
section 4906.97 of the Revised Code.	22387

Sec. 4928.142. (A) For the purpose of complying with section	22388
4928.141 of the Revised Code and subject to division (D) of this	22389
section and, as applicable, subject to the rate plan requirement	22390
of division (A) of section 4928.141 of the Revised Code, an	22391
electric distribution utility may establish a standard service	22392
offer price for retail electric generation service that is	22393
delivered to the utility under a market-rate offer.	22394

(1) The market-rate offer shall be determined through a	22395
competitive bidding process that provides for all of the	22396
following:	22397

(a) Open, fair, and transparent competitive solicitation;

22398

(b) Clear product definition;

22399

22400

(d) Oversight by an independent third party that shall design	22401
the solicitation, administer the bidding, and ensure that the	22402
criteria specified in division (A)(1)(a) to (c) of this section	22403
are met;	22404

(e) Evaluation of the submitted bids prior to the selection	22405
of the least-cost bid winner or winners.	22406

No generation supplier shall be prohibited from participating	22407
in the bidding process.	22408

(2) The public utilities commission shall modify rules, or	22409
adopt new rules as necessary, concerning the conduct of the	22410
competitive bidding process and the qualifications of bidders,	22411
which rules shall foster supplier participation in the bidding	22412
process and shall be consistent with the requirements of division	22413
(A)(1) of this section.	22414

(B) Prior to initiating a competitive bidding process for a	22415
market-rate offer under division (A) of this section, the electric	22416
distribution utility shall file an application with the	22417
commission. An electric distribution utility may file its	22418
application with the commission prior to the effective date of	22419
the commission rules required under division (A)(2) of this	22420
section, and, as the commission determines necessary, the utility	22421
shall immediately conform its filing to the rules upon their	22422
taking effect.	22423

An application under this division shall detail the electric	22424
distribution utility's proposed compliance with the requirements	22425
of division (A)(1) of this section and with commission rules	22426
under division (A)(2) of this section and demonstrate that all of	22427
the following requirements are met:	22428

(1) The electric distribution utility or its transmission	22429
service affiliate belongs to at least one regional transmission	22430
organization that has been approved by the federal energy	22431
regulatory commission; or there otherwise is comparable and	22432
nondiscriminatory access to the electric transmission grid.	22433

(2) Any such regional transmission organization has a	22434
market-monitor function and the ability to take actions to	22435
identify and mitigate market power or the electric distribution	22436
utility's market conduct; or a similar market monitoring function	22437
exists with commensurate ability to identify and monitor market	22438
conditions and mitigate conduct associated with the exercise of	22439
market power.	22440

(3) A published source of information is available publicly	22441
or through subscription that identifies pricing information for	22442
traded electricity on- and off-peak energy products that are	22443
contracts for delivery beginning at least two years from the date	22444
of the publication and is updated on a regular basis.	22445

The commission shall initiate a proceeding and, within ninety	22446
days after the application's filing date, shall determine by order	22447
whether the electric distribution utility and its market-rate	22448
offer meet all of the foregoing requirements. If the finding is	22449
positive, the electric distribution utility may initiate its	22450
competitive bidding process. If the finding is negative as to one	22451
or more requirements, the commission in the order shall direct	22452
the electric distribution utility regarding how any deficiency	22453
may be remedied in a timely manner to the commission's	22454
satisfaction; otherwise, the electric distribution utility shall	22455
withdraw the application. However, if such remedy is made and the	22456
subsequent finding is positive and also if the electric	22457
distribution utility made a simultaneous filing under this	22458
section and section 4928.143 of the Revised Code, the utility	22459
shall not initiate its competitive bid until at least one hundred	22460
fifty days after the filing date of those applications.	22461

(C) Upon the completion of the competitive bidding process	22462
authorized by divisions (A) and (B) of this section, including for	22463
the purpose of division (D) of this section, the commission shall	22464
select the least-cost bid winner or winners of that process, and	22465
such selected bid or bids, as prescribed as retail rates by the	22466
commission, shall be the electric distribution utility's	22467
standard service offer unless the commission, by order issued	22468
before the third calendar day following the conclusion of the	22469
competitive bidding process for the market rate offer, determines	22470
that one or more of the following criteria were not met:	22471

(1) Each portion of the bidding process was oversubscribed,	22472
such that the amount of supply bid upon was greater than the	22473
amount of the load bid out.	22474

(2) There were four or more bidders.

22475

(3) At least twenty-five per cent of the load is bid upon by	22476
one or more persons other than the electric distribution utility.	22477

All costs incurred by the electric distribution utility as a	22478
result of or related to the competitive bidding process or to	22479
procuring generation service to provide the standard service	22480
offer, including the costs of energy and capacity and the costs	22481
of all other products and services procured as a result of the	22482
competitive bidding process, shall be timely recovered through	22483
the standard service offer price, and, for that purpose, the	22484
commission shall approve a reconciliation mechanism, other	22485
recovery mechanism, or a combination of such mechanisms for the	22486
utility.	22487

(D) The first application filed under this section by an	22488
electric distribution utility that, as of ~~the effective date of~~	22489
~~this section~~July 31, 2008, directly owns, in whole or in part,	22490
operating electric generating facilities that had been used and	22491
useful in this state shall require that a portion of that	22492
utility's standard service offer load for the first five years	22493
of the market rate offer be competitively bid under division	22494
(A) of this section as follows: ten per cent of the load in	22495
year one ~~and~~, not ~~less~~more than twenty per cent in year two,	22496
thirty per cent in year three, forty per cent in year four,	22497
and fifty per cent in year five. Consistent with those	22498
percentages, the commission shall determine the actual	22499
percentages for each year of years one through five. The	22500
standard service offer price for retail electric generation	22501
service under this first application shall be a proportionate	22502
blend of the bid price and the generation service price for	22503
the remaining standard service offer load, which latter price	22504
shall be equal to the electric distribution utility's most	22505
recent standard service offer price, adjusted upward or	22506
downward as the commission determines reasonable, relative to	22507
the jurisdictional portion of any known and measurable	22508
changes from the level of any one or more of the following	22509
costs as reflected in that most recent standard service offer	22510
price:	22511

(1) The electric distribution utility's prudently incurred	22512
cost of fuel used to produce electricity;	22513

(2) Its prudently incurred purchased power costs;

22514

(3) Its prudently incurred costs of satisfying the supply and	22515
demand portfolio requirements of this state, including, but not	22516
limited to, renewable energy resource and energy efficiency	22517
requirements;	22518

(4) Its costs prudently incurred to comply with environmental	22519
laws and regulations, with consideration of the derating of any	22520
facility associated with those costs.	22521

In making any adjustment to the most recent standard service	22522
offer price on the basis of costs described in division (D) of	22523
this section, the commission shall include the benefits that may	22524
become available to the electric distribution utility as a result	22525
of or in connection with the costs included in the adjustment,	22526
including, but not limited to, the utility's receipt of emissions	22527
credits or its receipt of tax benefits or of other benefits, and,	22528
accordingly, the commission may impose such conditions on the	22529
adjustment to ensure that any such benefits are properly aligned	22530
with the associated cost responsibility. The commission shall	22531
also determine how such adjustments will affect the electric	22532
distribution utility's return on common equity that may be	22533
achieved by those adjustments. The commission shall not apply its	22534
consideration of the return on common equity to reduce any	22535
adjustments authorized under this division unless the adjustments	22536
will cause the electric distribution utility to earn a return on	22537
common equity that is significantly in excess of the return on	22538
common equity that is earned by publicly traded companies,	22539
including utilities, that face comparable business and financial	22540
risk, with such adjustments for capital structure as may be	22541
appropriate. The burden of proof for demonstrating that	22542
significantly excessive earnings will not occur shall be on the	22543
electric distribution utility.	22544

Additionally, the commission may adjust the electric	22545
distribution utility's most recent standard service offer price by	22546
such just and reasonable amount that the commission determines	22547
necessary to address any emergency that threatens the utility's	22548
financial integrity or to ensure that the resulting revenue	22549
available to the utility for providing the standard service offer	22550
is not so inadequate as to result, directly or indirectly, in a	22551
taking of property without compensation pursuant to Section 19 of	22552
Article I, Ohio Constitution. The electric distribution utility	22553
has the burden of demonstrating that any adjustment to its most	22554
recent standard service offer price is proper in accordance with	22555
this division.	22556

(E) Beginning in the second year of a blended price under	22557
division (D) of this section and notwithstanding any other	22558
requirement of this section, the commission may alter	22559
prospectively the proportions specified in that division to	22560
mitigate any effect of an abrupt or significant change in the	22561
electric distribution utility's standard service offer price that	22562
would otherwise result in general or with respect to any rate	22563
group or rate schedule but for such alteration. Any such	22564
alteration shall be made not more often than annually, and the	22565
commission shall not, by altering those proportions and in any	22566
event, including because of the length of time, as authorized	22567
under division (C) of this section, taken to approve the market	22568
rate offer, cause the duration of the blending period to exceed	22569
ten years as counted from the effective date of the approved	22570
market rate offer. Additionally, any such alteration shall be	22571
limited to an alteration affecting the prospective proportions	22572
used during the blending period and shall not affect any blending	22573
proportion previously approved and applied by the commission	22574
under this division.	22575

(F) An electric distribution utility that has received	22576
commission approval of its first application under division (C) of	22577
this section shall not, nor ever shall be authorized or required	22578
by the commission to, file an application under section 4928.143	22579
of the Revised Code.	22580

Sec. 4928.20. (A) The legislative authority of a municipal	22581
corporation may adopt an ordinance, or the board of township	22582
trustees of a township or the board of county commissioners of a	22583
county may adopt a resolution, under which, on or after the	22584
starting date of competitive retail electric service, it may	22585
aggregate in accordance with this section the retail electrical	22586
loads located, respectively, within the municipal corporation,	22587
township, or unincorporated area of the county and, for that	22588
purpose, may enter into service agreements to facilitate for those	22589
loads the sale and purchase of electricity. The legislative	22590
authority or board also may exercise such authority jointly with	22591
any other such legislative authority or board. For customers that	22592
are not mercantile customers, an ordinance or resolution under	22593
this division shall specify whether the aggregation will occur	22594
only with the prior, affirmative consent of each person owning,	22595
occupying, controlling, or using an electric load center proposed	22596
to be aggregated or will occur automatically for all such persons	22597
pursuant to the opt-out requirements of division (D) of this	22598
section. The aggregation of mercantile customers shall occur only	22599
with the prior, affirmative consent of each such person owning,	22600
occupying, controlling, or using an electric load center proposed	22601
to be aggregated. Nothing in this division, however, authorizes	22602
the aggregation of the retail electric loads of an electric load	22603
center, as defined in section 4933.81 of the Revised Code, that	22604
is located in the certified territory of a nonprofit electric	22605
supplier under sections 4933.81 to 4933.90 of the Revised Code or	22606
an electric load center served by transmission or distribution	22607
facilities of a municipal electric utility.	22608

(B) If an ordinance or resolution adopted under division (A)	22609
of this section specifies that aggregation of customers that are	22610
not mercantile customers will occur automatically as described in	22611
that division, the ordinance or resolution shall direct the board	22612
of elections to submit the question of the authority to aggregate	22613
to the electors of the respective municipal corporation, township,	22614
or unincorporated area of a county at a special election on the	22615
day of the next primary or general election in the municipal	22616
corporation, township, or county. The legislative authority or	22617
board shall certify a copy of the ordinance or resolution to the	22618
board of elections not less than seventy-five days before the day	22619
of the special election. No ordinance or resolution adopted under	22620
division (A) of this section that provides for an election under	22621
this division shall take effect unless approved by a majority of	22622
the electors voting upon the ordinance or resolution at the	22623
election held pursuant to this division.	22624

(C) Upon the applicable requisite authority under divisions	22625
(A) and (B) of this section, the legislative authority or board	22626
shall develop a plan of operation and governance for the	22627
aggregation program so authorized. Before adopting a plan under	22628
this division, the legislative authority or board shall hold at	22629
least two public hearings on the plan. Before the first hearing,	22630
the legislative authority or board shall publish notice of the	22631
hearings once a week for two consecutive weeks in a newspaper of	22632
general circulation in the jurisdiction. The notice shall	22633
summarize the plan and state the date, time, and location of each	22634
hearing.	22635

(D) No legislative authority or board, pursuant to an	22636
ordinance or resolution under divisions (A) and (B) of this	22637
section that provides for automatic aggregation of customers that	22638
are not mercantile customers as described in division (A) of this	22639
section, shall aggregate the electrical load of any electric load	22640
center located within its jurisdiction unless it in advance	22641
clearly discloses to the person owning, occupying, controlling,	22642
or using the load center that the person will be enrolled	22643
automatically in the aggregation program and will remain so	22644
enrolled unless the person affirmatively elects by a stated	22645
procedure not to be so enrolled. The disclosure shall state	22646
prominently the rates, charges, and other terms and conditions of	22647
enrollment. The stated procedure shall allow any person enrolled	22648
in the aggregation program the opportunity to opt out of the	22649
program every three years, without paying a switching fee. Any	22650
such person that opts out before the commencement of the	22651
aggregation program pursuant to the stated procedure shall	22652
default to the standard service offer provided under section	22653
4928.14 or division (D) of section 4928.35 of the Revised Code	22654
until the person chooses an alternative supplier.	22655

(E)(1) With respect to a governmental aggregation for a	22656
municipal corporation that is authorized pursuant to divisions (A)	22657
to (D) of this section, resolutions may be proposed by initiative	22658
or referendum petitions in accordance with sections 731.28 to	22659
731.41 of the Revised Code.	22660

(2) With respect to a governmental aggregation for a township	22661
or the unincorporated area of a county, which aggregation is	22662
authorized pursuant to divisions (A) to (D) of this section,	22663
resolutions may be proposed by initiative or referendum petitions	22664
in accordance with sections 731.28 to 731.40 of the Revised Code,	22665
except that:	22666

(a) The petitions shall be filed, respectively, with the	22667
township fiscal officer or the board of county commissioners, who	22668
shall perform those duties imposed under those sections upon the	22669
city auditor or village clerk.	22670

(b) The petitions shall contain the signatures of not less	22671
than ten per cent of the total number of electors in,	22672
respectively, the township or the unincorporated area of the	22673
county who voted for the office of governor at the preceding	22674
general election for that office in that area.	22675

(F) A governmental aggregator under division (A) of this	22676
section is not a public utility engaging in the wholesale purchase	22677
and resale of electricity, and provision of the aggregated service	22678
is not a wholesale utility transaction. A governmental aggregator	22679
shall be subject to supervision and regulation by the public	22680
utilities commission only to the extent of any competitive retail	22681
electric service it provides and commission authority under this	22682
chapter.	22683

(G) This section does not apply in the case of a municipal	22684
corporation that supplies such aggregated service to electric load	22685
centers to which its municipal electric utility also supplies a	22686
noncompetitive retail electric service through transmission or	22687
distribution facilities the utility singly or jointly owns or	22688
operates.	22689

(H) A governmental aggregator shall not include in its	22690
aggregation the accounts of any of the following:	22691

(1) A customer that has opted out of the aggregation;

22692

(2) A customer in contract with a certified electric	22693
services company;	22694

(3) A customer that has a special contract with an electric	22695
distribution utility;	22696

(4) A customer that is not located within the governmental	22697
aggregator's governmental boundaries;	22698

(5) Subject to division (C) of section 4928.21 of the Revised	22699
Code, a customer who appears on the "do not aggregate" list	22700
maintained under that section.	22701

(I) Customers that are part of a governmental aggregation	22702
under this section shall be responsible only for such portion of a	22703
surcharge under section 4928.144 of the Revised Code that is	22704
proportionate to the benefits, as determined by the commission,	22705
that electric load centers within the jurisdiction of the	22706
governmental ~~aggregation's customers~~aggregation as ~~an aggregated~~	22707
a group receive. The proportionate surcharge so established shall	22708
apply to each customer of the governmental aggregation while the	22709
customer is part of that aggregation. If a customer ceases being	22710
such a customer, the otherwise applicable surcharge shall apply.	22711
Nothing in this section shall result in less than full recovery by	22712
an electric distribution utility of any surcharge authorized under	22713
section 4928.144 of the Revised Code.	22714

(J) On behalf of the customers that are part of a	22715
governmental aggregation under this section and by filing written	22716
notice with the public utilities commission, the legislative	22717
authority that formed or is forming that governmental aggregation	22718
may elect not to receive standby service within the meaning of	22719
division (B)(2)~~(e)~~(d) of section 4928.143 of the Revised Code	22720
from an electric distribution utility in whose certified	22721
territory the governmental aggregation is located and that	22722
operates under an approved electric security plan under that	22723
section. Upon the filing of that notice, the electric	22724
distribution utility shall not charge any such customer to whom	22725
~~electricity is delivered~~competitive retail electric generation	22726
service is provided by another supplier under the governmental	22727
aggregation for the standby service. Any such consumer that	22728
returns to the utility for competitive retail electric service	22729
shall pay the market price of power incurred by the utility to	22730
serve that consumer plus any amount attributable to the utility's	22731
cost of compliance with the alternative energy resource	22732
provisions of section 4928.64 of the Revised Code to serve the	22733
consumer. Such market price shall include, but not be limited to,	22734
capacity and energy charges; all charges associated with the	22735
provision of that power supply through the regional transmission	22736
organization, including, but not limited to, transmission,	22737
ancillary services, congestion, and settlement and administrative	22738
charges; and all other costs incurred by the utility that are	22739
associated with the procurement, provision, and administration of	22740
that power supply, as such costs may be approved by the	22741
commission. The period of time during which the market price and	22742
alternative energy resource amount shall be so assessed on the	22743
consumer shall be from the time the consumer so returns to the	22744
electric distribution utility until the expiration of the	22745
electric security plan. However, if that period of time is	22746
expected to be more than two years, the commission may reduce the	22747
time period to a period of not less than two years.	22748

(K) The commission shall adopt rules to encourage and promote	22749
large-scale governmental aggregation in this state. For that	22750
purpose, the commission shall conduct an immediate review of any	22751
rules it has adopted for the purpose of this section that are in	22752
effect on the effective date of the amendment of this section by	22753
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	22754
within the context of an electric security plan under section	22755
4928.143 of the Revised Code, the commission shall consider the	22756
effect on large-scale governmental aggregation of any	22757
nonbypassable generation charges, however collected, that would	22758
be established under that plan, except any nonbypassable	22759
generation ~~charge~~charges that ~~relates~~relate to aany cost	22760
incurred by the electric distribution utility, the deferral of	22761
which has been authorized by the commission prior to the	22762
effective date of the amendment of this section by S.B. 221 of	22763
the 127th general assembly, July 31, 2008.	22764

Sec. 4981.14. (A) The Ohio rail development commission may	22765
exercise all powers necessary or appropriate to carry out its	22766
corporate purposes.	22767

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

22768

(1) Adopt, and from time to time, ratify, amend, and repeal	22769
bylaws necessary and proper for the regulation of its affairs and	22770
the conduct of its business and rules to implement and make	22771
effective its powers and duties;	22772

(2) Adopt an official seal;

22773

(3) Maintain a principal office in Columbus and, if	22774
necessary, regional sub-offices at locations properly designated	22775
or provided;	22776

(4) Sue and be sued in its own name and plead and be	22777
impleaded in its own name, particularly to enforce the obligations	22778
and covenants made under this section and sections 4981.13,	22779
~~4981.14,~~ and 4981.29 of the Revised Code. Any actions against the	22780
commission shall be brought in the court of common pleas in	22781
Franklin county, in which the principal office of the commission	22782
shall be located.	22783

(5) Undertake or cause to be undertaken the acquisition,	22784
renovation, repair, refunding, operation, maintenance, or	22785
construction of any rail service project;	22786

(6) Establish and operate a revolving loan fund for the	22787
purpose of making loans to qualifying subdivisions, local or	22788
regional transportation authorities, or other persons for the	22789
acquisition, renovation, repair, refunding, or construction of	22790
rail service projects by such qualifying subdivisions, local or	22791
regional transportation authorities, and private corporations or	22792
organizations, and the repayment thereof from project financing	22793
proceeds and revenues; purchase the obligations of counties and	22794
municipal corporations issued for the acquisition, renovation,	22795
repair, or construction of rail service projects by such	22796
qualifying subdivisions and local or regional transportation	22797
authorities; and adopt rules and procedures for making those loans	22798
or purchasing those obligations;	22799

(7) Issue bonds and notes and refunding obligations of the	22800
state, payable as provided in this chapter unless the bonds are	22801
refunded by refunding bonds, for the purpose of borrowing money to	22802
implement any power granted by divisions (B)(5) and (6) of this	22803
section for one or more rail service projects or parts thereof;	22804

(8) Acquire by gift or purchase, hold, or dispose of real and	22805
personal property in the exercise of its powers and performance of	22806
its duties as set forth in this chapter;	22807

(9) Make and enter into all contracts and agreements and	22808
execute all instruments necessary or incidental to the performance	22809
of its duties and the execution of its powers and to employ	22810
natural persons to act on behalf of the commission, and to	22811
establish the terms and conditions of such employment;	22812

(10) Receive and accept from any federal agency or other	22813
person, subject to the approval of the governor, grants for or in	22814
aid of the construction, repair, renovation, operation,	22815
maintenance, or acquisition of rail service projects, and receive	22816
and accept aid or contributions from any source of money,	22817
property, labor, or other things of value, to be held, used, and	22818
applied only for the purposes for which the grants and	22819
contributions are made;	22820

(11) Purchase property coverage and liability insurance for	22821
any rail service project and for any offices of the commission,	22822
insurance protecting the commission and its officers and employees	22823
against liability, if any, or damage to property or injury to or	22824
death of persons arising from its operations, and any other	22825
insurance the commission may agree to provide under any resolution	22826
authorizing the issuance of bonds in accordance with sections	22827
4981.11 to 4981.26 of the Revised Code, or in any trust agreement	22828
securing the same;	22829

(12) Establish or increase reserves from moneys received or	22830
to be received by the commission to secure or pay the principal of	22831
and interest on bonds, notes, or other obligations issued by the	22832
commission pursuant to this chapter or other law. Moneys, funds,	22833
and accounts of the commission, however, are subject only to audit	22834
by the auditor of state and all moneys, funds, and accounts shall	22835
be held in custody or deposited as directed by resolution of the	22836
commission and unless otherwise provided by law all moneys of the	22837
commission not pledged to the holders of bonds of the commission	22838
shall be appropriated by the general assembly.	22839

(13) Receive and disburse the proceeds of general obligation	22840
or other bonds of the state or agencies thereof as may be allowed	22841
by law pursuant to any resolution or act of the general assembly;	22842

(14) To the extent permitted under its contracts with the	22843
holders of bonds or notes of the commission, consent to	22844
modification of the rate of interest, time and payment of	22845
installment of principal or interest, security, or any other term	22846
of a bond, contract, or agreement of any kind to which the	22847
commission is a party;	22848

(15) Make grants to counties or municipal corporations,	22849
qualifying subdivisions, local or regional transportation	22850
authorities, or other persons for one or more rail service	22851
projects ofor parts thereof;	22852

(16) Provide consultation services to any qualifying	22853
subdivision, local or regional transportation authority, or other	22854
person in connection with the acquisition, renovation, repair, or	22855
construction of any rail service project;	22856

(17) Establish and amend the criteria and qualifications for	22857
the making of any loan to or the purchasing of any bond from any	22858
qualifying subdivision, local or regional transportation	22859
authority, or other person and the terms not inconsistent with	22860
this chapter of any loan or bond purchase agreement with any	22861
qualifying subdivision, local or regional transportation	22862
authority, or other person;	22863

(18) Deposit money received from the repayment of loans and	22864
recoveries from the sale, lease, or other disposition of property	22865
acquired or constructed from amounts loaned by the commission	22866
pursuant to section 4981.13 of the Revised Code or division (B) of	22867
this section, in an account pledged to secure, and applied to the	22868
repayment, without the need for appropriation, of, obligations	22869
issued under section 166.08 of the Revised Code to pay the costs	22870
of property, facilities, or equipment that qualifies as rail	22871
service projects; enter into agreements with the treasurer of	22872
state or a corporate trustee for such obligations to provide for	22873
the deposit and pledge of such money as specified in the	22874
agreement, to permit the withdrawal of money by the treasurer of	22875
state or corporate trustee from the account as necessary for	22876
application to the payment of debt service on such obligations,	22877
and to permit the investment of those amounts, without regard to	22878
Chapter 131. or 135. of the Revised Code, pending their	22879
application to the payment of debt service; and enter into	22880
agreements with persons to provide for the repayment of any	22881
amounts paid from any pledged account in connection with	22882
obligations issued under section 166.08 of the Revised Code;	22883

(19) Do all acts necessary and proper to carry out the powers	22884
expressly granted to the commission in this chapter.	22885

(C) Any instrument by which real property is acquired	22886
pursuant to this section shall identify the agency of the state	22887
that has the use and benefit of the real property as specified in	22888
section 5301.012 of the Revised Code.	22889

Sec. 5101.143. (A) The state adoption assistance loan fund	22890
is hereby created in the state treasury. The fund shall consist	22891
of all money appropriated or transferred to it and all loan	22892
repayments or other money, including interest and penalties,	22893
derived from state adoption assistance loans. The department of	22894
job and family services shall administer the fund. Money in the	22895
fund shall be used to make state adoption assistance loans to	22896
prospective adoptive parents applying for a loan under section	22897
3107.018 of the Revised Code. All investment earnings of the fund	22898
shall be credited to the fund.	22899

(B) The director of job and family services shall adopt rules	22900
in accordance with Chapter 119. of the Revised Code as necessary	22901
to implement this section, including rules for creating a loan	22902
application form, procedures and standards for reviewing and	22903
granting or denying loan applications, conditions on the use of	22904
the loan, loan repayment terms, procedures for collection of loan	22905
arrearages, and any monetary penalties for loan arrearages or	22906
improper use of loan funds.	22907

Sec. 5101.26. As used in this section and in sections	22908
5101.27 to 5101.30 of the Revised Code:	22909

(A) "County agency" means a county department of job and	22910
family services or a public children services agency.	22911

(B) "Fugitive felon" means an individual who is fleeing to	22912
avoid prosecution, or custody or confinement after conviction,	22913
under the laws of the place from which the individual is fleeing,	22914
for a crime or an attempt to commit a crime that is a felony under	22915
the laws of the place from which the individual is fleeing or, in	22916
the case of New Jersey, a high misdemeanor, regardless of whether	22917
the individual has departed from the individual's usual place of	22918
residence.	22919

(C) "Information" means records as defined in section 149.011	22920
of the Revised Code, any other documents in any format, and data	22921
derived from records and documents that are generated, acquired,	22922
or maintained by the department of job and family services, a	22923
county agency, or an entity performing duties on behalf of the	22924
department or a county agency.	22925

(D) "Law enforcement agency" means the state highway patrol,	22926
an agency that employs peace officers as defined in section 109.71	22927
of the Revised Code, the adult parole authority, a county	22928
department of probation, a prosecuting attorney, the attorney	22929
general, similar agencies of other states, federal law enforcement	22930
agencies, and postal inspectors. "Law enforcement agency" includes	22931
the peace officers and other law enforcement officers employed by	22932
the agency.	22933

(E) "Medical assistance provided under a public assistance	22934
program" means medical assistance provided under the programs	22935
established under sections 5101.49, 5101.50 to 5101.503, 5101.51	22936
to 5101.5110, ~~and~~ 5101.52 to 5101.529, and 5101.5211 to 5101.5216,	22937
Chapters 5111. and 5115., or any other provision of the Revised	22938
Code.	22939

(F) "Public assistance" means financial assistance, medical	22940
assistance, or social services provided under a program	22941
administered by the department of job and family services or a	22942
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	22943
5108., 5111., or 5115. of the Revised Code or an executive order	22944
issued under section 107.17 of the Revised Code.	22945

(G) "Public assistance recipient" means an applicant for or	22946
recipient or former recipient of public assistance.	22947

Sec. 5101.5211. (A) As used in sections 5101.5211 to	22948
5101.5216 of the Revised Code:	22949

"Children's buy-in program" means the program established	22950
under sections 5101.5211 to 5101.5216 of the Revised Code.	22951

"Countable family income" has the meaning established in	22952
rules adopted under section 5101.5215 of the Revised Code.	22953

"Creditable coverage" has the same meaning as in 42 U.S.C.	22954
300gg(c)(1), except that it does not mean medical assistance	22955
available under the children's buy-in program or the program for	22956
medically handicapped children.	22957

"Family" has the meaning established in rules adopted under	22958
section 5101.5215 of the Revised Code.	22959

"Federal poverty guidelines" has the same meaning as in	22960
section 5101.46 of the Revised Code.	22961

"Program for medically handicapped children" means the	22962
program established under sections 3701.021 to 3701.0210 of the	22963
Revised Code.	22964

(B) The director of job and family services shall establish	22965
the children's buy-in program in accordance with sections	22966
5101.5211 to 5101.5216 of the Revised Code. The director shall	22967
submit to the United States secretary of health and human	22968
services an amendment to the state medicaid plan, an amendment to	22969
the state child health plan, one or more requests for a federal	22970
waiver, or such an amendment and waiver requests as necessary to	22971
seek federal matching funds for the children's buy-in program.	22972
The director shall not begin implementation of the program until	22973
after submitting the amendment, waiver request, or both. The	22974
director may begin implementation of the program before receiving	22975
approval of the amendment, waiver request, or both using state	22976
funds only. The director shall implement the program regardless	22977
of whether the amendment, waiver request, or both are denied. The	22978
program shall be funded with state funds only if the United	22979
States secretary denies federal matching funds for the program.	22980
If the United States secretary approves federal matching funds for	22981
the program and if permitted under the terms of the approval, the	22982
program shall be operated as part of the medicaid program, the	22983
children's health insurance program, or both.	22984

Sec. 5101.5212. Under the children's buy-in program and	22985
subject to section 5101.5213 of the Revised Code, an individual	22986
who does both of the following in accordance with rules adopted	22987
under section 5101.5215 of the Revised Code qualifies for	22988
medical assistance under the program, unless the director of job	22989
and family services has adopted rules under division (B) of	22990
section 5101.5215 of the Revised Code to limit the number of	22991
individuals who may participate in the program at one time and the	22992
program is serving the maximum number of individuals specified in	22993
the rules:	22994

(A) Applies for the children's buy-in program;

22995

(B) Provides satisfactory evidence of all of the following:

22996

(1) That the individual is under nineteen years of age;

22997

(2) That the individual's countable family income exceeds	22998
~~three~~two hundred fifty per cent of the federal poverty	22999
guidelines;	23000

(3) That the individual has not had creditable coverage for	23001
at least six months before enrolling in the children's buy-in	23002
program, unless the individual lost the only creditable coverage	23003
available to the individual because the individual exhausted a	23004
lifetime benefit limitation;	23005

(4) That one or more of the following apply to the	23006
individual:	23007

(a) The individual is unable to obtain creditable coverage	23008
due to a pre-existing condition of the individual;	23009

(b) The individual lost the only creditable coverage	23010
available to the individual because the individual has exhausted	23011
a lifetime benefit limitation;	23012

(c) The premium for the only creditable coverage available to	23013
the individual is greater than two hundred per cent of the premium	23014
applicable to the individual under the children's buy-in program;	23015

(d) The individual participates in the program for medically	23016
handicapped children.	23017

(5) That the individual meets the additional eligibility	23018
requirements for the children's buy-in program established in	23019
rules adopted under section 5101.5215 of the Revised Code.	23020

Sec. 5101.5213. (A) An individual participating in the	23021
children's buy-in program shall be charged a monthly premium	23022
established by rules adopted under section 5101.5215 of the	23023
Revised Code. The amount of the monthly premium shall not be less	23024
than the following:	23025

(1) In the case of an individual with countable family income	23026
exceeding ~~three~~two hundred fifty per cent but not exceeding	23027
four hundred per cent of the federal poverty guidelines, the	23028
following amount:	23029

(a) If no other member of the individual's family receives	23030
medical assistance under the program with the individual, one	23031
hundred dollars;	23032

(b) If one or more members of the individual's family receive	23033
medical assistance under the program with the individual, one	23034
hundred fifty dollars.	23035

(2) In the case of an individual with countable family income	23036
exceeding four hundred per cent but not exceeding five hundred	23037
per cent of the federal poverty guidelines, the following	23038
amount:	23039

(a) If no other member of the individual's family receives	23040
medical assistance under the program with the individual, one	23041
hundred twenty-five dollars;	23042

(b) If one or more members of the individual's family receive	23043
medical assistance under the program with the individual, one	23044
hundred seventy-five dollars.	23045

(3) In the case of an individual with countable family	23046
income exceeding five hundred per cent of the federal poverty	23047
guidelines, the full amount of the actuarially determined cost	23048
of the premium.	23049

(B) If the premium for the children's buy-in program is not	23050
paid for two consecutive months, the individual shall lose	23051
eligibility for the program. The individual may not resume	23052
participation in the program until the unpaid premiums that	23053
accrued before the individual lost eligibility are paid.	23054

Sec. 5101.5214. (A) An individual participating in the	23055
children's buy-in program ~~may~~shall be charged co-payments to	23056
~~the extent required~~established by rules~~, if any,~~ adopted under	23057
~~division (B) of~~ section 5101.5215 of the Revised Code.	23058

(B) Notwithstanding division (B) of section 5111.0112 of the	23059
Revised Code, if applicable, and to the extent permitted by	23060
federal law, a provider may refuse to provide a service to an	23061
individual if a co-payment ~~authorized~~required by this section is	23062
not paid.	23063

Sec. 5101.5215. (A) The director of job and family services	23064
shall adopt rules in accordance with Chapter 119. of the Revised	23065
Code as necessary to implement the children's buy-in program,	23066
including rules that do all of the following:	23067

(1) Establish the meaning of "countable family income" and	23068
"family";	23069

(2) For the purpose of section 5101.5212 of the Revised	23070
Code, establish additional eligibility requirements for the	23071
program;	23072

(3) For the purpose of section 5101.5213 of the Revised	23073
Code, establish monthly premiums for the children's buy-in	23074
program;	23075

(4) For the purpose of section 5101.5214 of the Revised Code,	23076
establish copayment requirements for the children's buy-in	23077
program.	23078

(B) The director may adopt rules in accordance with Chapter	23079
119. of the Revised Code to ~~establish co-payment requirements~~	23080
~~for~~limit the number of individuals ~~participating~~who may	23081
participate in the children's buy-in program at one time.	23082

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	23083
the Revised Code:	23084

(A) "Information" means all of the following:

23085

(1) An individual's name, address, date of birth, and social	23086
security number;	23087

(2) The group or plan number, or other identifier, assigned	23088
by a third party to a policy held by an individual or a plan in	23089
which the individual participates and the nature of the coverage;	23090

(3) Any other data the director of job and family services	23091
specifies in rules adopted under section 5101.591 of the Revised	23092
Code.	23093

(B) "Medical assistance" means medical items or services	23094
provided under any of the following:	23095

(1) Medicaid, as defined in section 5111.01 of the Revised	23096
Code;	23097

(2) The children's health insurance program part I, part II,	23098
and part III established under sections 5101.50 to 5101.529 of the	23099
Revised Code;	23100

(3) The disability medical assistance program established	23101
under Chapter 5115. of the Revised Code;	23102

(4) The children's buy-in program established under sections	23103
5101.5211 to 5101.5216 of the Revised Code.	23104

(C) "Medical support" means support specified as support for	23105
the purpose of medical care by order of a court or administrative	23106
agency.	23107

(D) "Public assistance" means medical assistance or	23108
assistance under the Ohio works first program established under	23109
Chapter 5107. of the Revised Code.	23110

(E)(1) Subject to division (E)(2) of this section, and except	23111
as provided in division (E)(3) of this section, "third party"	23112
means all of the following:	23113

(a) A person authorized to engage in the business of sickness	23114
and accident insurance under Title XXXIX of the Revised Code;	23115

(b) A person or governmental entity providing coverage for	23116
medical services or items to individuals on a self-insurance	23117
basis;	23118

(c) A health insuring corporation as defined in section	23119
1751.01 of the Revised Code;	23120

(d) A group health plan as defined in 29 U.S.C. 1167;

23121

(e) A service benefit plan as referenced in 42 U.S.C.	23122
1396a(a)(25);	23123

(f) A managed care organization;

23124

(g) A pharmacy benefit manager;

23125

(h) A third party administrator;

23126

(i) Any other person or governmental entity that is, by law,	23127
contract, or agreement, responsible for the payment or processing	23128
of a claim for a medical item or service for a public assistance	23129
recipient or participant.	23130

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	23131
person or governmental entity listed in division (E)(1) of this	23132
section is a third party even if the person or governmental entity	23133
limits or excludes payments for a medical item or service in the	23134
case of a public assistance recipient.	23135

(3) "Third party" does not include the program for medically	23136
handicapped children established under section 3701.023 of the	23137
Revised Code.	23138

Sec. 5101.572. (A) A third party shall cooperate with the	23139
department of job and family services in identifying individuals	23140
for the purpose of establishing third party liability pursuant to	23141
Title XIX of the Social Security Act, as amended.	23142

(B) In furtherance of the requirement in division (A) of this	23143
section and to allow the department to determine any period that	23144
the individual or the individual's spouse or dependent may have	23145
been covered by the third party and the nature of the coverage, a	23146
third party shall provide, as the department so chooses,	23147
information or access to information, or both, in the third	23148
party's electronic data system on the department's request and in	23149
accordance with division (C) of this section.	23150

(C)(1) If the department chooses to receive information	23151
directly, the third party shall provide the information under all	23152
of the following circumstances:	23153

(a) In a medium, format, and manner prescribed by the	23154
director of job and family services in rules adopted under section	23155
5101.591 of the Revised Code;	23156

(b) Free of charge;

23157

(c) Not later than the end of the thirtieth day after the	23158
department makes its request, unless a different time is agreed to	23159
by the director in writing.	23160

(2) If the department chooses to receive access to	23161
information, the third party shall provide access by a method	23162
prescribed by the director of job and family services in rules	23163
adopted under section 5101.591 of the Revised Code. In	23164
facilitating access, the department may enter into a trading	23165
partner agreement with the third party to permit the exchange of	23166
information via "ASC X 12N 270/271 Health Care Eligibility Benefit	23167
Inquiry and Response" transactions.	23168

(D) All of the following apply with respect to information	23169
provided by a third party to the department under this section:	23170

(1) The information is confidential and not a public record	23171
under section 149.43 of the Revised Code.	23172

(2) The release of information to the department is not to be	23173
considered a violation of any right of confidentiality or contract	23174
that the third party may have with covered persons including, but	23175
not limited to, contractees, beneficiaries, heirs, assignees, and	23176
subscribers.	23177

(3) The third party is immune from any liability that it may	23178
otherwise incur through its release of information to the	23179
department.	23180

The department of job and family services shall limit its use	23181
of information gained from third parties to purposes directly	23182
connected with the administration of the medicaid program and the	23183
child support program authorized by Title IV-D of the "Social	23184
Security Act."	23185

(E) No third party shall disclose to other parties or make	23186
use of any information regarding recipients of aid under Chapter	23187
5107. or 5111. of the Revised Code that it obtains from the	23188
department, except in the manner provided for by the director of	23189
job and family services in administrative rules.	23190

Sec. 5101.58. (A) The acceptance of public assistance gives	23191
an automatic right of recovery to the department of job and	23192
family services and a county department of job and family services	23193
against the liability of a third party for the cost of medical	23194
assistance paid on behalf of the public assistance recipient or	23195
participant. When an action or claim is brought against a third	23196
party by a public assistance recipient or participant, any	23197
payment, settlement or compromise of the action or claim, or any	23198
court award or judgment, is subject to the recovery right of the	23199
department of job and family services or county department of job	23200
and family services. Except in the case of a recipient or	23201
participant who receives medical assistance through a managed	23202
care organization, the department's or county department's claim	23203
shall not exceed the amount of medical assistance paid by a	23204
department on behalf of the recipient or participant. A payment,	23205
settlement, compromise, judgment, or award that excludes the	23206
cost of medical assistance paid for by a department shall not	23207
preclude a department from enforcing its rights under this	23208
section.	23209

(B) In the case of a recipient or participant who receives	23210
medical assistance through a managed care organization, the	23211
amount of the department's or county department's claim shall be	23212
the amount the managed care organization pays for medical	23213
assistance rendered to the recipient or participant, even if that	23214
amount is more than the amount a department pays to the managed	23215
care organization for the recipient's or participant's medical	23216
assistance.	23217

(C) A recipient or participant, and the recipient's or	23218
participant's attorney, if any, shall cooperate with the	23219
departments. In furtherance of this requirement, the recipient or	23220
participant, or the recipient's or participant's attorney, if	23221
any, shall, not later than thirty days after initiating informal	23222
recovery activity or filing a legal recovery action against a	23223
third party, provide written notice of the activity or action to	23224
the appropriate department or departments as follows:	23225

(1) To only the department of job and family services when	23226
medical assistance under medicaid or the children's buy-in program	23227
has been paid;	23228

(2) To the department of job and family services and the	23229
appropriate county department of job and family services when	23230
medical assistance under the disability medical assistance program	23231
has been paid.	23232

(D) The written notice that must be given under division (C)	23233
of this section shall disclose the identity and address of any	23234
third party against whom the recipient or participant has or may	23235
have a right of recovery.	23236

(E) No settlement, compromise, judgment, or award or any	23237
recovery in any action or claim by a recipient or participant	23238
where the departments have a right of recovery shall be made final	23239
without first giving the appropriate departments written notice as	23240
described in division (C) of this section and a reasonable	23241
opportunity to perfect their rights of recovery. If the	23242
departments are not given the appropriate written notice, the	23243
recipient or participant and, if there is one, the recipient's or	23244
participant's attorney, are liable to reimburse the departments	23245
for the recovery received to the extent of medical payments made	23246
by the departments.	23247

(F) The departments shall be permitted to enforce their	23248
recovery rights against the third party even though they accepted	23249
prior payments in discharge of their rights under this section if,	23250
at the time the departments received such payments, they were not	23251
aware that additional medical expenses had been incurred but had	23252
not yet been paid by the departments. The third party becomes	23253
liable to the department of job and family services or county	23254
department of job and family services as soon as the third party	23255
is notified in writing of the valid claims for recovery under this	23256
section.	23257

(G)(1) Subject to division (G)(2) of this section, the right	23258
of recovery of a department does not apply to that portion of any	23259
judgment, award, settlement, or compromise of a claim, to the	23260
extent of attorneys' fees, costs, or other expenses incurred by a	23261
recipient or participant in securing the judgment, award,	23262
settlement, or compromise, or to the extent of medical, surgical,	23263
and hospital expenses paid by such recipient or participant from	23264
the recipient's or participant's own resources.	23265

(2) Reasonable attorneys' fees, not to exceed one-third of	23266
the total judgment, award, settlement, or compromise, plus costs	23267
and other expenses incurred by the recipient or participant in	23268
securing the judgment, award, settlement, or compromise, shall	23269
first be deducted from the total judgment, award, settlement, or	23270
compromise. After fees, costs, and other expenses are deducted	23271
from the total judgment, award, settlement, or compromise, the	23272
department of job and family services or appropriate county	23273
department of job and family services shall receive no less than	23274
one-half of the remaining amount, or the actual amount of medical	23275
assistance paid, whichever is less.	23276

(H) A right of recovery created by this section may be	23277
enforced separately or jointly by the department of job and family	23278
services or the appropriate county department of job and family	23279
services. To enforce their recovery rights, the departments may do	23280
any of the following:	23281

(1) Intervene or join in any action or proceeding brought by	23282
the recipient or participant or on the recipient's or	23283
participant's behalf against any third party who may be liable for	23284
the cost of medical assistance paid;	23285

(2) Institute and pursue legal proceedings against any third	23286
party who may be liable for the cost of medical assistance paid;	23287

(3) Initiate legal proceedings in conjunction with any	23288
injured, diseased, or disabled recipient or participant or the	23289
recipient's or participant's attorney or representative.	23290

(I) A recipient or participant shall not assess attorney	23291
fees, costs, or other expenses against the department of job and	23292
family services or a county department of job and family services	23293
when the department or county department enforces its right of	23294
recovery created by this section.	23295

(J) The right of recovery given to the department under this	23296
section does not include rights to support from any other person	23297
assigned to the state under sections 5107.20 and 5115.07 of the	23298
Revised Code, but includes payments made by a third party under	23299
contract with a person having a duty to support.	23300

Sec. 5101.80. (A) As used in this section and in section	23301
5101.801 of the Revised Code:	23302

(1) "County family services agency" has the same meaning as	23303
in section 307.981 of the Revised Code.	23304

(2) "State agency" has the same meaning as in section 9.82 of	23305
the Revised Code.	23306

(3) "Title IV-A administrative agency" means both of the	23307
following:	23308

(a) A county family services agency or state agency	23309
administering a Title IV-A program under the supervision of the	23310
department of job and family services;	23311

(b) A government agency or private, not-for-profit entity	23312
administering a project funded in whole or in part with funds	23313
provided under the Title IV-A demonstration program created under	23314
section 5101.803 of the Revised Code.	23315

(4) "Title IV-A program" means all of the following that are	23316
funded in part with funds provided under the temporary assistance	23317
for needy families block grant established by Title IV-A of the	23318
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	23319
amended:	23320

(a) The Ohio works first program established under Chapter	23321
5107. of the Revised Code;	23322

(b) The prevention, retention, and contingency program	23323
established under Chapter 5108. of the Revised Code;	23324

(c) A program established by the general assembly or an	23325
executive order issued by the governor that is administered or	23326
supervised by the department of job and family services pursuant	23327
to section 5101.801 of the Revised Code;	23328

(d) The kinship permanency incentive program created under	23329
section 5101.802 of the Revised Code;	23330

(e) The Title IV-A demonstration program created under	23331
section 5101.803 of the Revised Code;	23332

(f) A component of a Title IV-A program identified under	23333
divisions (A)(4)(a) to (e) of this section that the Title IV-A	23334
state plan prepared under division (C)(1) of this section	23335
identifies as a component.	23336

(B) The department of job and family services shall act as	23337
the single state agency to administer and supervise the	23338
administration of Title IV-A programs. The Title IV-A state plan	23339
and amendments to the plan prepared under division (C) of this	23340
section are binding on Title IV-A administrative agencies. No	23341
Title IV-A administrative agency may establish, by rule or	23342
otherwise, a policy governing a Title IV-A program that is	23343
inconsistent with a Title IV-A program policy established, in rule	23344
or otherwise, by the director of job and family services.	23345

(C) The department of job and family services shall do all of	23346
the following:	23347

(1) Prepare and submit to the United States secretary of	23348
health and human services a Title IV-A state plan for Title IV-A	23349
programs;	23350

(2) Prepare and submit to the United States secretary of	23351
health and human services amendments to the Title IV-A state plan	23352
that the department determines necessary, including amendments	23353
necessary to implement Title IV-A programs identified in divisions	23354
(A)(4)(c) to (f) of this section;	23355

(3) Prescribe forms for applications, certificates, reports,	23356
records, and accounts of Title IV-A administrative agencies, and	23357
other matters related to Title IV-A programs;	23358

(4) Make such reports, in such form and containing such	23359
information as the department may find necessary to assure the	23360
correctness and verification of such reports, regarding Title IV-A	23361
programs;	23362

(5) Require reports and information from each Title IV-A	23363
administrative agency as may be necessary or advisable regarding a	23364
Title IV-A program;	23365

(6) Afford a fair hearing in accordance with section 5101.35	23366
of the Revised Code to any applicant for, or participant or former	23367
participant of, a Title IV-A program aggrieved by a decision	23368
regarding the program;	23369

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	23370
and 5108. of the Revised Code and sections 5101.801, 5101.802, and	23371
5101.803 of the Revised Code, any sums appropriated by the general	23372
assembly for the purpose of those chapters and sections and all	23373
sums paid to the state by the secretary of the treasury of the	23374
United States as authorized by Title IV-A of the "Social Security	23375
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended;	23376

(8) Conduct investigations and audits as are necessary	23377
regarding Title IV-A programs;	23378

(9) Enter into reciprocal agreements with other states	23379
relative to the provision of Ohio works first and prevention,	23380
retention, and contingency to residents and nonresidents;	23381

(10) Contract with a private entity to conduct an independent	23382
on-going evaluation of the Ohio works first program and the	23383
prevention, retention, and contingency program. The contract must	23384
require the private entity to do all of the following:	23385

(a) Examine issues of process, practice, impact, and	23386
outcomes;	23387

(b) Study former participants of Ohio works first who have	23388
not participated in Ohio works first for at least one year to	23389
determine whether they are employed, the type of employment in	23390
which they are engaged, the amount of compensation they are	23391
receiving, whether their employer provides health insurance,	23392
whether and how often they have received benefits or services	23393
under the prevention, retention, and contingency program, and	23394
whether they are successfully self sufficient;	23395

(c) Provide the department with reports at times the	23396
department specifies.	23397

(11) Not later than ~~January 1, 2001, and~~ the ~~first~~last day	23398
of each January and July ~~thereafter~~, prepare a report containing	23399
information on the following:	23400

(a) Individuals exhausting the time limits for participation	23401
in Ohio works first set forth in section 5107.18 of the Revised	23402
Code.	23403

(b) Individuals who have been exempted from the time limits	23404
set forth in section 5107.18 of the Revised Code and the reasons	23405
for the exemption.	23406

(D) The department shall provide copies of the reports it	23407
receives under division (C)(10) of this section and prepares under	23408
division (C)(11) of this section to the governor, the president	23409
and minority leader of the senate, and the speaker and minority	23410
leader of the house of representatives. The department shall	23411
provide copies of the reports to any private or government entity	23412
on request.	23413

(E) An authorized representative of the department or a	23414
county family services agency or state agency administering a	23415
Title IV-A program shall have access to all records and	23416
information bearing thereon for the purposes of investigations	23417
conducted pursuant to this section. An authorized representative	23418
of a government entity or private, not-for-profit entity	23419
administering a project funded in whole or in part with funds	23420
provided under the Title IV-A demonstration program shall have	23421
access to all records and information bearing on the project for	23422
the purpose of investigations conducted pursuant to this section.	23423

Sec. 5104.02. (A) The director of job and family services is	23424
responsible for the licensing of child day-care centers and type A	23425
family day-care homes. Each entity operating a head start program	23426
shall meet the criteria for, and be licensed as, a child day-care	23427
center. The director is responsible for the enforcement of this	23428
chapter and of rules promulgated pursuant to this chapter.	23429

No person, firm, organization, institution, or agency shall	23430
operate, establish, manage, conduct, or maintain a child day-care	23431
center or type A family day-care home without a license issued	23432
under section 5104.03 of the Revised Code. The current license	23433
shall be posted in a conspicuous place in the center or type A	23434
home that is accessible to parents, custodians, or guardians and	23435
employees of the center or type A home at all times when the	23436
center or type A home is in operation.	23437

(B) A person, firm, institution, organization, or agency	23438
operating any of the following programs is exempt from the	23439
requirements of this chapter:	23440

(1) A program of child care that operates for two or less	23441
consecutive weeks;	23442

(2) Child care in places of worship during religious	23443
activities during which children are cared for while at least one	23444
parent, guardian, or custodian of each child is participating in	23445
such activities and is readily available;	23446

(3) Religious activities which do not provide child care;

23447

(4) Supervised training, instruction, or activities of	23448
children in specific areas, including, but not limited to: art;	23449
drama; dance; music; gymnastics, swimming, or another athletic	23450
skill or sport; computers; or an educational subject conducted on	23451
an organized or periodic basis no more than one day a week and for	23452
no more than six hours duration;	23453

(5) Programs in which the director determines that at least	23454
one parent, custodian, or guardian of each child is on the	23455
premises of the facility offering child care and is readily	23456
accessible at all times, except that child care provided on the	23457
premises at which a parent, custodian, or guardian is employed	23458
more than two and one-half hours a day shall be licensed in	23459
accordance with division (A) of this section;	23460

(6)(a) Programs that provide child care funded and regulated	23461
or operated and regulated by state departments other than the	23462
department of job and family services or the state board of	23463
education when the director of job and family services has	23464
determined that the rules governing the program are equivalent to	23465
or exceed the rules promulgated pursuant to this chapter.	23466

Notwithstanding any exemption from regulation under this	23467
chapter, each state department shall submit to the director of job	23468
and family services a copy of the rules that govern programs that	23469
provide child care and are regulated or operated and regulated by	23470
the department. Annually, each state department shall submit to	23471
the director a report for each such program it regulates or	23472
operates and regulates that includes the following information:	23473

(i) The site location of the program;

23474

(ii) The maximum number of infants, toddlers, preschool	23475
children, or school children served by the program at one time;	23476

(iii) The number of adults providing child care for the	23477
number of infants, toddlers, preschool children, or school	23478
children;	23479

(iv) Any changes in the rules made subsequent to the time	23480
when the rules were initially submitted to the director.	23481

The director shall maintain a record of the child care	23482
information submitted by other state departments and shall provide	23483
this information upon request to the general assembly or the	23484
public.	23485

(b) Child care programs conducted by boards of education or	23486
by chartered nonpublic schools that are conducted in school	23487
buildings and that provide child care to school children only	23488
shall be exempt from meeting or exceeding rules promulgated	23489
pursuant to this chapter.	23490

(7) Any preschool program or school child program, except a	23491
head start program, that is subject to licensure by the department	23492
of education under sections 3301.52 to 3301.59 of the Revised	23493
Code.	23494

(8) Any program providing child care that meets all of the	23495
following requirements and, on October 20, 1987, was being	23496
operated by a nonpublic school that holds a charter issued by the	23497
state board of education for kindergarten only:	23498

(a) The nonpublic school has given the notice to the state	23499
board and the director of job and family services required by	23500
Section 4 of Substitute House Bill No. 253 of the 117th general	23501
assembly;	23502

(b) The nonpublic school continues to be chartered by the	23503
state board for kindergarten, or receives and continues to hold a	23504
charter from the state board for kindergarten through grade five;	23505

23506

(d) The program is operated in accordance with rules	23507
promulgated by the state board under sections 3301.52 to 3301.57	23508
of the Revised Code.	23509

(9) A youth development program operated outside of school	23510
hours by a community-based center to which all of the following	23511
apply:	23512

(a) The children enrolled in the program are under nineteen	23513
years of age and enrolled in or eligible to be enrolled in a grade	23514
of kindergarten or above.	23515

(b) The program provides informal child care and at least two	23516
of the following supervised activities: educational,	23517
recreational, culturally enriching, social, and personal	23518
development activities.	23519

(c) The ~~state board of education has approved the program's~~	23520
program is eligible for participation in the child and adult care	23521
food program as an outside-school-hours care center pursuant to	23522
standards established under section 3313.813 of the Revised Code.	23523

(d) The community-based center operating the program is	23524
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	23525
and (c)(3).	23526

Sec. 5104.041. (A) All type A and type B family day-care	23527
homes shall procure and maintain one of the following:	23528

(1) Liability insurance issued by an insurer authorized to do	23529
business in this state under Chapter 3905. of the Revised Code	23530
insuring the type A or type B family day-care home against	23531
liability arising out of, or in connection with, the operation of	23532
the family day-care home. Liability insurance procured under this	23533
division shall cover any cause for which the type A or type B	23534
family day-care home would be liable, in the amount of at least	23535
one hundred thousand dollars per occurrence and three hundred	23536
thousand dollars in the aggregate.	23537

(2) An affidavit signed by the parent, guardian, or custodian	23538
of each child receiving child care from the type A or type B	23539
family day-care home that states all of the following:	23540

(a) The family day-care home does not carry liability	23541
insurance described in division (A)(1) of this section;	23542

(b) If the licensee of a type A family day-care home or the	23543
provider of a type B family day-care home is not the owner of	23544
the real property where the family day-care home is located, the	23545
liability insurance, if any, of the owner of the real property	23546
may not provide for coverage of any liability arising out of, or	23547
in connection with, the operation of the family day-care home.	23548

(B) If the licensee of a type A family day-care home or the	23549
provider of a type B family day-care home is not the owner of	23550
the real property where the family day-care home is located and	23551
the family day-care home procures liability insurance described	23552
in division (A)(1) of this section, that licensee or provider	23553
shall name the owner of the real property as an additional	23554
insured party on the liability insurance policy if all of the	23555
following apply:	23556

(1) The owner of the real property requests the licensee or	23557
provider, in writing, to add the owner of the real property to	23558
the liability insurance policy as an additional insured party.	23559

(2) The addition of the owner of the real property does not	23560
result in cancellation or nonrenewal of the insurance policy	23561
procured by the type A or type B family day-care home.	23562

(3) The owner of the real property pays any additional	23563
premium assessed for coverage of the owner of the real property.	23564

(C) Proof of insurance or affidavit required under division	23565
(A) of this section shall be maintained at the type A or type B	23566
family day-care home and made available for review during	23567
inspection or investigation as required under this chapter.	23568

(D) The director of job and family services shall adopt rules	23569
for the enforcement of this section.	23570

Sec. 5111.0210. Until July 1, 2009, the director of job and	23571
family services shall not change the medicaid reimbursement rates	23572
that apply to providers of durable medical equipment from the	23573
rates that are in effect on the effective date of this section.	23574

On and after July 1, 2009, the director shall establish	23575
medicaid reimbursement rates that apply to providers of durable	23576
medical equipment by using a cost analysis methodology. The	23577
methodology shall include a statistically valid sample of all	23578
types of durable medical equipment providers in this state,	23579
including providers that have a large volume of sales, providers	23580
that have a small volume of sales, and providers that operate	23581
predominantly in rural, suburban, or metropolitan areas. The	23582
statistical mean that is derived by using the cost analysis	23583
methodology shall be used by the director to establish the	23584
medicaid reimbursement rates that apply to providers of durable	23585
medical equipment.	23586

Sec. 5111.032. (A) As used in this section:

23587

(1) "Criminal records check" has the same meaning as in	23588
section 109.572 of the Revised Code.	23589

(2) "Department" includes a designee of the department of job	23590
and family services.	23591

(3) "Owner" means a person who has an ownership interest in a	23592
provider in an amount designated by the department of job and	23593
family services in rules adopted under this section.	23594

(4) "Provider" means a person, institution, or entity that	23595
has a provider agreement with the department of job and family	23596
services pursuant to Title XIX of the "Social Security Act," 49	23597
State. 620 (1965), 42 U.S.C. 1396, as amended.	23598

(B)(1) Except as provided in division (B)(2) of this section,	23599
the department of job and family services may require that any	23600
provider, applicant to be a provider, employee or prospective	23601
employee of a provider, owner or prospective owner of a provider,	23602
officer or prospective officer of a provider, or board member or	23603
prospective board member of a provider submit to a criminal	23604
records check as a condition of obtaining a provider agreement,	23605
continuing to hold a provider agreement, being employed by a	23606
provider, having an ownership interest in a provider, or being an	23607
officer or board member of a provider. The department may	23608
designate the categories of persons who are subject to the	23609
criminal records check requirement. The department shall designate	23610
the times at which the criminal records checks must be conducted.	23611

(2) The section does not apply to providers, applicants to be	23612
providers, employees of a provider, or prospective employees of a	23613
provider who are subject to criminal records checks under section	23614
5111.033 or 5111.034 of the Revised Code.	23615

(C)(1) The department shall inform each provider or applicant	23616
to be a provider whether the provider or applicant is subject to a	23617
criminal records check requirement under division (B) of this	23618
section. For providers, the information shall be given at times	23619
designated in rules adopted under this section. For applicants to	23620
be providers, the information shall be given at the time of	23621
initial application. When the information is given, the department	23622
shall specify which of the provider's or applicant's employees or	23623
prospective employees, owners or prospective owners, officers or	23624
prospective officers, or board members or prospective board	23625
members are subject to the criminal records check requirement.	23626

(2) At times designated in rules adopted under this section,	23627
a provider that is subject to the criminal records check	23628
requirement shall inform each person specified by the department	23629
under division (C)(1) of this section that the person is required,	23630
as applicable, to submit to a criminal records check for final	23631
consideration for employment in a full-time, part-time, or	23632
temporary position; as a condition of continued employment; or as	23633
a condition of becoming or continuing to be an officer, board	23634
member or owner of a provider.	23635

(D)(1) If a provider or applicant to be a provider is subject	23636
to a criminal records check under this section, the department	23637
shall require the conduct of a criminal records check by the	23638
superintendent of the bureau of criminal identification and	23639
investigation. If a provider or applicant to be a provider for	23640
whom a criminal records check is required does not present proof	23641
of having been a resident of this state for the five-year period	23642
immediately prior to the date the criminal records check is	23643
requested or provide evidence that within that five-year period	23644
the superintendent has requested information about the individual	23645
from the federal bureau of investigation in a criminal records	23646
check, the department shall require the provider or applicant to	23647
request that the superintendent obtain information from the	23648
federal bureau of investigation as part of the criminal records	23649
check of the provider or applicant. Even if a provider or	23650
applicant for whom a criminal records check request is required	23651
presents proof of having been a resident of this state for the	23652
five-year period, the department may require that the provider or	23653
applicant request that the superintendent obtain information from	23654
the federal bureau of investigation and include it in the criminal	23655
records check of the provider or applicant.	23656

(2) A provider shall require the conduct of a criminal	23657
records check by the superintendent with respect to each of the	23658
persons specified by the department under division (C)(1) of this	23659
section. If the person for whom a criminal records check is	23660
required does not present proof of having been a resident of this	23661
state for the five-year period immediately prior to the date the	23662
criminal records check is requested or provide evidence that	23663
within that five-year period the superintendent of the bureau of	23664
criminal identification and investigation has requested	23665
information about the individual from the federal bureau of	23666
investigation in a criminal records check, the individual shall	23667
request that the superintendent obtain information from the	23668
federal bureau of investigation as part of the criminal records	23669
check of the individual. Even if an individual for whom a criminal	23670
records check request is required presents proof of having been a	23671
resident of this state for the five-year period, the department	23672
may require the provider to request that the superintendent obtain	23673
information from the federal bureau of investigation and include	23674
it in the criminal records check of the person.	23675

(E)(1) Criminal records checks required under this section	23676
for providers or applicants to be providers shall be obtained as	23677
follows:	23678

(a) The department shall provide each provider or applicant	23679
information about accessing and completing the form prescribed	23680
pursuant to division (C)(1) of section 109.572 of the Revised Code	23681
and the standard fingerprint impression sheet prescribed pursuant	23682
to division (C)(2) of that section.	23683

(b) The provider or applicant shall submit the required form	23684
and one complete set of fingerprint impressions directly to the	23685
superintendent for purposes of conducting the criminal records	23686
check using the applicable methods prescribed by division (C) of	23687
section 109.572 of the Revised Code. The applicant or provider	23688
shall pay all fees associated with obtaining the criminal records	23689
check.	23690

(c) The superintendent shall conduct the criminal records	23691
check in accordance with section 109.572 of the Revised Code. The	23692
provider or applicant shall instruct the superintendent to submit	23693
the report of the criminal records check directly to the director	23694
of job and family services.	23695

(2) Criminal records checks required under this section for	23696
persons specified by the department under division (C)(1) of this	23697
section shall be obtained as follows:	23698

(a) The provider shall give to each person subject to	23699
criminal records check requirement information about accessing and	23700
completing the form prescribed pursuant to division (C)(1) of	23701
section 109.572 of the Revised Code and the standard fingerprint	23702
impression sheet prescribed pursuant to division (C)(2) of that	23703
section.	23704

(b) The person shall submit the required form and one	23705
complete set of fingerprint impressions directly to the	23706
superintendent for purposes of conducting the criminal records	23707
check using the applicable methods prescribed by division (C) of	23708
section 109.572 of the Revised Code. The person shall pay all fees	23709
associated with obtaining the criminal records check.	23710

(c) The superintendent shall conduct the criminal records	23711
check in accordance with section 109.572 of the Revised Code. The	23712
person subject to the criminal records check shall instruct the	23713
superintendent to submit the report of the criminal records check	23714
directly to the provider. The department may require the provider	23715
to submit the report to the department.	23716

(F) If a provider or applicant to be a provider is given the	23717
information specified in division (E)(1)(a) of this section but	23718
fails to obtain a criminal records check, the department shall, as	23719
applicable, terminate the provider agreement or deny the	23720
application to be a provider.	23721

If a person is given the information specified in division	23722
(E)(2)(a) of this section but fails to obtain a criminal records	23723
check, the provider shall not, as applicable, permit the person to	23724
be an employee, owner, officer, or board member of the provider.	23725

(G) Except as provided in rules adopted under division (J) of	23726
this section, the department shall terminate the provider	23727
agreement of a provider or the department shall not issue a	23728
provider agreement to an applicant if the provider or applicant is	23729
subject to a criminal records check under this section and the	23730
provider or applicant has been convicted of, has pleaded guilty	23731
to, or has been found eligible for intervention in lieu of	23732
conviction for any of the following:	23733

(1) A violation of section 2903.01, 2903.02, 2903.03,	23734
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	23735
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	23736
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	23737
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	23738
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	23739
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	23740
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	23741
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	23742
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	23743
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	23744
3716.11 of the Revised Code, felonious sexual penetration in	23745
violation of former section 2907.12 of the Revised Code, a	23746
violation of section 2905.04 of the Revised Code as it existed	23747
prior to July 1, 1996, a violation of section 2919.23 of the	23748
Revised Code that would have been a violation of section 2905.04	23749
of the Revised Code as it existed prior to July 1, 1996, had the	23750
violation been committed prior to that date;	23751

(2) An existing or former law of this state, any other state,	23752
or the United States that is substantially equivalent to any of	23753
the offenses listed in division ~~(D)~~(G)(1) of this section.	23754

(H)(1)(a) Except as provided in rules adopted under division	23755
(J) of this section and subject to division (H)(2) of this	23756
section, no provider shall permit a person to be an employee,	23757
owner, officer, or board member of the provider if the person is	23758
subject to a criminal records check under this section and the	23759
person has been convicted of, has pleaded guilty to, or has been	23760
found eligible for intervention in lieu of conviction for any of	23761
the offenses specified in division (G)(1) or (2) of this section.	23762

(b) No provider shall employ a person who has been excluded	23763
from participating in the medicaid program, the medicare program	23764
operated pursuant to Title XVIII of the "Social Security Act," or	23765
any other federal health care program.	23766

(2)(a) A provider may employ conditionally a person for whom	23767
a criminal records check is required under this section prior to	23768
obtaining the results of a criminal records check regarding the	23769
person, but only if the person submits a request for a criminal	23770
records check not later than five business days after the	23771
individual begins conditional employment.	23772

(b) A provider that employs a person conditionally under	23773
authority of division (H)(2)(a) of this section shall terminate	23774
the person's employment if the results of the criminal records	23775
check request are not obtained within the period ending sixty days	23776
after the date the request is made. Regardless of when the results	23777
of the criminal records check are obtained, if the results	23778
indicate that the individual has been convicted of, has pleaded	23779
guilty to, or has been found eligible for intervention in lieu of	23780
conviction for any of the offenses specified in division (G)(1) or	23781
(2) of this section, the provider shall terminate the person's	23782
employment unless the provider chooses to employ the individual	23783
pursuant to division (J) of this section.	23784

(I) The report of a criminal records check conducted pursuant	23785
to this section is not a public record for the purposes of section	23786
149.43 of the Revised Code and shall not be made available to any	23787
person other than the following:	23788

(1) The person who is the subject of the criminal records	23789
check or the person's representative;	23790

(2) The director of job and family services and the staff of	23791
the department in the administration of the medicaid program;	23792

(3) A court, hearing officer, or other necessary individual	23793
involved in a case dealing with the denial or termination of a	23794
provider agreement;	23795

(4) A court, hearing officer, or other necessary individual	23796
involved in a case dealing with a person's denial of employment,	23797
termination of employment, or employment or unemployment benefits.	23798

(J) The department may adopt rules in accordance with Chapter	23799
119. of the Revised Code to implement this section. The rules may	23800
specify circumstances under which the department may continue a	23801
provider agreement or issue a provider agreement to an applicant	23802
when the provider or applicant has been convicted of, has pleaded	23803
guilty to, or has been found eligible for intervention in lieu of	23804
conviction for any of the offenses specified in division (G)(1) or	23805
(2) of this section. The rules may also specify circumstances	23806
under which a provider may permit a person to be an employee,	23807
owner, officer, or board member of the provider, when the person	23808
has been convicted of, has pleaded guilty to, or has been found	23809
eligible for intervention in lieu of conviction for any of the	23810
offenses specified in division (G)(1) or (2) of this section.	23811

Sec. 5111.084. There is hereby established the pharmacy and	23812
therapeutics committee of the department of job and family	23813
services. The committee shall consist of ~~nine~~ten members and	23814
shall be appointed by the director of job and family services.	23815
The membership of the committee shall include: ~~three~~	23816

(A) Three pharmacists licensed under Chapter 4729. of the	23817
Revised Code; ~~two~~	23818

(B) Two doctors of medicine and two doctors of osteopathy	23819
~~licensed~~who hold certificates issued under Chapter 4731. of the	23820
Revised Code; a	23821

(C) A registered nurse licensed under Chapter 4723. of the	23822
Revised Code; ~~and a~~	23823

(D) A pharmacologist who has a doctoral degree;

23824

(E) A psychiatrist who holds a certificate issued under	23825
Chapter 4731. of the Revised Code and specializes in psychiatry.	23826
~~At least one of the members who is a doctor of medicine or doctor~~	23827
~~of osteopathy shall be a psychiatrist. The~~	23828

The committee shall elect one of its members as chairperson.

23829

Sec. 5111.091. ~~Every three months~~Not later than the first	23830
day of each calendar quarter, the director of job and family	23831
services shall submit a report to the president and minority	23832
leader of the senate ~~and~~, speaker and minority leader of the house	23833
of representatives, and the chairpersons of the committees of the	23834
senate and house of representatives that hear bills making	23835
biennial appropriations on the establishment and implementation of	23836
programs designed to control the increase of the cost of the	23837
medicaid program, increase the efficiency of the medicaid program,	23838
and promote better health outcomes.	23839

The report shall include information regarding all of the	23840
following:	23841

(A) Provider network management;

23842

(B) Electronic claims submission and payment systems;

23843

(C) Limited provider contracts and payments based on	23844
performance;	23845

(D) Efforts to enforce third party liability;

23846

(E) Implementation of the medicaid information technology	23847
system;	23848

(F) Expansion of the medicaid data warehouse and decision	23849
support system;	23850

(G) Development of infrastructure policies for electronic	23851
health records and e-prescribing.	23852

Sec. 5111.31. (A) Every provider agreement with the provider	23853
of a nursing facility or intermediate care facility for the	23854
mentally retarded shall:	23855

(1) Prohibit the provider from failing or refusing to retain	23856
as a patient any person because the person is, becomes, or may, as	23857
a patient in the facility, become a medicaid recipient. For the	23858
purposes of this division, a medicaid recipient who is a patient	23859
in a facility shall be considered a patient in the facility during	23860
any hospital stays totaling less than twenty-five days during any	23861
twelve-month period. Recipients who have been identified by the	23862
department of job and family services or its designee as requiring	23863
the level of care of an intermediate care facility for the	23864
mentally retarded shall not be subject to a maximum period of	23865
absences during which they are considered patients if prior	23866
authorization of the department for visits with relatives and	23867
friends and participation in therapeutic programs is obtained	23868
under rules adopted under section 5111.02 of the Revised Code.	23869

(2) Except as provided by division (B)(1) of this section,	23870
include any part of the facility that meets standards for	23871
certification of compliance with federal and state laws and rules	23872
for participation in the medicaid program.	23873

(3) Prohibit the provider from discriminating against any	23874
patient on the basis of race, color, sex, creed, or national	23875
origin.	23876

(4) Except as otherwise prohibited under section 5111.55 of	23877
the Revised Code, prohibit the provider from failing or refusing	23878
to accept a patient because the patient is, becomes, or may, as a	23879
patient in the facility, become a medicaid recipient if less than	23880
eighty per cent of the patients in the facility are medicaid	23881
recipients.	23882

(B)(1) Except as provided by division (B)(2) of this section,	23883
the following are not required to be included in a provider	23884
agreement unless otherwise required by federal law:	23885

(a) Beds added during the period beginning July 1, 1987, and	23886
ending July 1, 1993, to a nursing home licensed under Chapter	23887
3721. of the Revised Code;	23888

(b) Beds in an intermediate care facility for the mentally	23889
retarded that are designated for respite care under a medicaid	23890
waiver component operated pursuant to a waiver sought under	23891
section 5111.87 of the Revised Code;	23892

~~(c) Beds that are converted to providing home and~~	23893
~~community-based services under the ICF/MR conversion pilot program~~	23894
~~authorized by a waiver sought under division (B)(1) of section~~	23895
~~5111.88 of the Revised Code~~.	23896

(2) If a provider chooses to include a bed specified in	23897
division (B)(1)(a) of this section in a provider agreement, the	23898
bed may not be removed from the provider agreement unless the	23899
provider withdraws the facility in which the bed is located from	23900
the medicaid program.	23901

(C) Nothing in this section shall bar a provider that is a	23902
religious organization operating a religious or denominational	23903
nursing facility or intermediate care facility for the mentally	23904
retarded from giving preference to persons of the same religion or	23905
denomination. Nothing in this section shall bar any provider from	23906
giving preference to persons with whom the provider has	23907
contracted to provide continuing care.	23908

(D) Nothing in this section shall bar the provider of a	23909
county home organized under Chapter 5155. of the Revised Code from	23910
admitting residents exclusively from the county in which the	23911
county home is located.	23912

(E) No provider of a nursing facility or intermediate care	23913
facility for the mentally retarded for which a provider agreement	23914
is in effect shall violate the provider contract obligations	23915
imposed under this section.	23916

(F) Nothing in divisions (A) and (C) of this section shall	23917
bar a provider from retaining patients who have resided in the	23918
provider's facility for not less than one year as private pay	23919
patients and who subsequently become medicaid recipients, but	23920
refusing to accept as a patient any person who is or may, as a	23921
patient in the facility, become a medicaid recipient, if all of	23922
the following apply:	23923

(1) The provider does not refuse to retain any patient who	23924
has resided in the provider's facility for not less than one year	23925
as a private pay patient because the patient becomes a medicaid	23926
recipient, except as necessary to comply with division (F)(2) of	23927
this section;	23928

(2) The number of medicaid recipients retained under this	23929
division does not at any time exceed ten per cent of all the	23930
patients in the facility;	23931

(3) On July 1, 1980, all the patients in the facility were	23932
private pay patients.	23933

Sec. 5111.71. (A) As used in sections 5111.71 to 5111.715 of	23934
the Revised Code, "qualified medicaid school provider" means the	23935
board of education of a city, local, or exempted village school	23936
district, the governing authority of a community school	23937
established under Chapter 3314. of the Revised Code, the state	23938
school for the deaf, and the state school for the blind to which	23939
both of the following apply:	23940

(1) It holds a valid medicaid provider agreement.

23941

(2) It meets all other conditions for participation in the	23942
medicaid school component of the medicaid program established in	23943
rules adopted under section 5111.715 of the Revised Code.	23944

(B) The director of job and family services shall submit a	23945
state medicaid plan amendment to the United States secretary of	23946
health and human services for the purpose of creating, in	23947
accordance with sections 5111.71 to 5111.715 of the Revised Code,	23948
the medicaid school component of the medicaid program. The	23949
director shall create the medicaid school component on receipt of	23950
the United States secretary's approval of the amendment.	23951

Sec. 5111.711. A qualified medicaid school provider	23952
participating in the medicaid school component of the medicaid	23953
program may submit a claim to the department of job and family	23954
services for federal financial participation for providing, in	23955
schools, services covered by the medicaid school component to	23956
medicaid recipients who are eligible for the services. No	23957
qualified medicaid school provider may submit such a claim before	23958
the provider incurs the cost of providing the service.	23959

The claim shall include certification of the qualified	23960
medicaid school provider's expenditures for the service. The	23961
certification shall show that the money the qualified medicaid	23962
school provider used for the expenditures was nonfederal money the	23963
provider may legally use for providing the service and that the	23964
amount of the expenditures was sufficient to pay the full cost of	23965
the service.	23966

Except as otherwise provided in sections 5111.71 to 5111.715	23967
of the Revised Code and rules adopted under sections 5111.713 and	23968
5111.715 of the Revised Code, a qualified medicaid school provider	23969
is subject to all conditions of participation in the medicaid	23970
program that generally apply to providers of goods and services	23971
under the medicaid program, including conditions regarding audits	23972
and recovery of overpayments.	23973

Sec. 5111.712. The department of job and family services	23974
shall seek federal financial participation for each claim a	23975
qualified medicaid school provider properly submits to the	23976
department under section 5111.711 of the Revised Code. The	23977
department shall disburse the federal financial participation the	23978
department receives from the federal government for such a claim	23979
to the qualified medicaid school provider that submitted the	23980
claim. The department may not pay the qualified medicaid school	23981
provider the nonfederal share of the cost of the services for	23982
which the claim was submitted.	23983

Sec. 5111.713. The department of job and family services	23984
shall enter into an interagency agreement with the department of	23985
education under section 5111.91 of the Revised Code that provides	23986
for the department of education to administer the medicaid school	23987
component of the medicaid program other than the aspects of the	23988
component that sections 5111.71 to 5111.715 of the Revised Code	23989
require the department of job and family services to administer.	23990
The interagency agreement may include a provision that provides	23991
for the department of education to pay to the department of job	23992
and family services the nonfederal share of a portion of the	23993
administrative expenses the department of job and family services	23994
incurs in administering the aspects of the component that the	23995
department of job and family services administers.	23996

The department of education shall establish, in rules adopted	23997
under Chapter 119. of the Revised Code, a process by which	23998
qualified medicaid school providers participating in the medicaid	23999
school component pay to the department of education the nonfederal	24000
share of the department's expenses incurred in administering the	24001
component.	24002

Sec. 5111.714. (A) There is hereby created in the state	24003
treasury the medicaid school program administrative fund.	24004

(B) Both of the following shall be deposited into the	24005
medicaid school program administrative fund:	24006

(1) The federal funds the department of education receives	24007
for the expenses the department incurs in administering the	24008
medicaid school component of the medicaid program;	24009

(2) The money the department collects from qualified medicaid	24010
school providers in the process established in rules adopted	24011
under section 5111.713 of the Revised Code.	24012

(C) No funds shall be deposited into the medicaid school	24013
program administrative fund in violation of federal statutes or	24014
regulations.	24015

(D) The department of education shall use money in the	24016
medicaid school program administrative fund for both of the	24017
following purposes:	24018

(1) Paying for the expenses the department incurs in	24019
administering the medicaid school component of the medicaid	24020
program;	24021

(2) Paying a qualified medicaid school provider a refund for	24022
any overpayment the provider makes to the department under the	24023
process established in rules adopted under section 5111.713 of the	24024
Revised Code if the process results in an overpayment.	24025

Sec. 5111.715. The director of job and family services shall	24026
adopt rules under Chapter 119. of the Revised Code as necessary to	24027
implement the medicaid school component of the medicaid program,	24028
including rules that establish or specify all of the following:	24029

(A) Conditions a board of education of a city, local, or	24030
exempted school district, governing authority of a community	24031
school established under Chapter 3314. of the Revised Code, the	24032
state school for the deaf, and the state school for the blind must	24033
meet to participate in the component;	24034

(B) Services the component covers;

24035

(C) Reimbursement rates for the services the component	24036
covers.	24037

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	24038
of the Revised Code:	24039

"Home and community-based services" has the same meaning as	24040
in section 5123.01 of the Revised Code.	24041

"ICF/MR services" means intermediate care facility for the	24042
mentally retarded services covered by the medicaid program that an	24043
intermediate care facility for the mentally retarded provides to a	24044
resident of the facility who is a medicaid recipient eligible for	24045
medicaid-covered intermediate care facility for the mentally	24046
retarded services.	24047

"Intermediate care facility for the mentally retarded" means	24048
an intermediate care facility for the mentally retarded that is	24049
certified as in compliance with applicable standards for the	24050
medicaid program by the director of health in accordance with	24051
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	24052
U.S.C. 1396, as amended, and licensed as a residential facility	24053
under section 5123.19 of the Revised Code.	24054

"Residential facility" has the same meaning as in section	24055
5123.19 of the Revised Code.	24056

(B) For the purpose of increasing the number of slots	24057
available for home and community-based services and subject to	24058
sections 5111.877 and 5111.878 of the Revised Code, the operator	24059
of an intermediate care facility for the mentally retarded may	24060
convert all of the beds in the facility from providing ICF/MR	24061
services to providing home and community-based services if all	24062
of the following requirements are met:	24063

(1) The operator provides the directors of health, job and	24064
family services, and mental retardation and developmental	24065
disabilities at least ninety days' notice of the operator's intent	24066
to relinquish the facility's certification as an intermediate care	24067
facility for the mentally retarded and to begin providing home and	24068
community-based services.	24069

(2) The operator complies with the requirements of sections	24070
5111.65 to 5111.688 of the Revised Code regarding a voluntary	24071
termination as defined in section 5111.65 of the Revised Code if	24072
those requirements are applicable.	24073

(3) The operator notifies each of the facility's residents	24074
that the facility is to cease providing ICF/MR services and inform	24075
each resident that the resident may do either of the following:	24076

(a) Continue to receive ICF/MR services by transferring to	24077
another facility that is an intermediate care facility for the	24078
mentally retarded willing and able to accept the resident if the	24079
resident continues to qualify for ICF/MR services;	24080

(b) Begin to receive home and community-based services	24081
instead of ICF/MR services from any provider of home and	24082
community-based services that is willing and able to provide the	24083
services to the resident if the resident is eligible for the	24084
services and a slot for the services is available to the resident.	24085

(4) The operator meets the requirements for providing home	24086
and community-based services, including the following:	24087

(a) Such requirements applicable to a residential facility if	24088
the operator maintains the facility's license as a residential	24089
facility;	24090

(b) Such requirements applicable to a facility that is not	24091
licensed as a residential facility if the operator surrenders the	24092
facility's residential facility license under section 5123.19 of	24093
the Revised Code.	24094

(5) The director of mental retardation and developmental	24095
disabilities approves the conversion.	24096

(C) The notice to the director of mental retardation and	24097
developmental disabilities under division (B)(1) of this section	24098
shall specify whether the operator wishes to surrender the	24099
facility's license as a residential facility under section 5123.19	24100
of the Revised Code.	24101

(D) If the director of mental retardation and developmental	24102
disabilities approves a conversion under division (B) of this	24103
section, the director of health shall terminate the certification	24104
of the intermediate care facility for the mentally retarded to be	24105
converted. The director of health shall notify the director of	24106
job and family services of the termination. On receipt of the	24107
director of health's notice, the director of job and family	24108
services shall terminate the operator's medicaid provider	24109
agreement that authorizes the operator to provide ICF/MR services	24110
at the facility. The operator is not entitled to notice or a	24111
hearing under Chapter 119. of the Revised Code before the	24112
director of job and family services terminates the medicaid	24113
provider agreement.	24114

Sec. 5111.875. (A) For the purpose of increasing the number	24115
of slots available for home and community-based services and	24116
subject to sections 5111.877 and 5111.878 of the Revised Code, a	24117
person who acquires, through a request for proposals issued by	24118
the director of mental retardation and developmental	24119
disabilities, a residential facility that is an intermediate care	24120
facility for the mentally retarded and for which the license as a	24121
residential facility was previously surrendered or revoked may	24122
convert some or all of the facility's beds from providing ICF/MR	24123
services to providing home and community-based services if all	24124
of the following requirements are met:	24125

(1) The person provides the directors of health, job and	24126
family services, and mental retardation and developmental	24127
disabilities at least ninety days' notice of the person's intent	24128
to make the conversion.	24129

(2) The person complies with the requirements of sections	24130
5111.65 to 5111.688 of the Revised Code regarding a voluntary	24131
termination as defined in section 5111.65 of the Revised Code if	24132
those requirements are applicable.	24133

(3) If the person intends to convert all of the facility's	24134
beds, the person notifies each of the facility's residents that	24135
the facility is to cease providing ICF/MR services and informs	24136
each resident that the resident may do either of the following:	24137

(a) Continue to receive ICF/MR services by transferring to	24138
another facility that is an intermediate care facility for the	24139
mentally retarded willing and able to accept the resident if the	24140
resident continues to qualify for ICF/MR services;	24141

(b) Begin to receive home and community-based services	24142
instead of ICF/MR services from any provider of home and	24143
community-based services that is willing and able to provide the	24144
services to the resident if the resident is eligible for the	24145
services and a slot for the services is available to the resident.	24146

(4) If the person intends to convert some but not all of the	24147
facility's beds, the person notifies each of the facility's	24148
residents that the facility is to convert some of its beds from	24149
providing ICF/MR services to providing home and community-based	24150
services and inform each resident that the resident may do either	24151
of the following:	24152

(a) Continue to receive ICF/MR services from any provider of	24153
ICF/MR services that is willing and able to provide the services	24154
to the resident if the resident continues to qualify for ICF/MR	24155
services;	24156

(b) Begin to receive home and community-based services	24157
instead of ICF/MR services from any provider of home and	24158
community-based services that is willing and able to provide the	24159
services to the resident if the resident is eligible for the	24160
services and a slot for the services is available to the resident.	24161

(5) The person meets the requirements for providing home and	24162
community-based services at a residential facility.	24163

(B) The notice provided to the directors under division	24164
(A)(1) of this section shall specify whether some or all of the	24165
facility's beds are to be converted. If some but not all of the	24166
beds are to be converted, the notice shall specify how many of	24167
the facility's beds are to be converted and how many of the beds	24168
are to continue to provide ICF/MR services.	24169

(C) On receipt of a notice under division (A)(1) of this	24170
section, the director of health shall do the following:	24171

(1) Terminate the certification of the intermediate care	24172
facility for the mentally retarded if the notice specifies that	24173
all of the facility's beds are to be converted;	24174

(2) Reduce the facility's certified capacity by the number of	24175
beds being converted if the notice specifies that some but not all	24176
of the beds are to be converted.	24177

(D) The director of health shall notify the director of job	24178
and family services of the termination or reduction under division	24179
(C) of this section. On receipt of the director of health's	24180
notice, the director of job and family services shall do the	24181
following:	24182

(1) Terminate the person's medicaid provider agreement that	24183
authorizes the person to provide ICF/MR services at the facility	24184
if the facility's certification was terminated;	24185

(2) Amend the person's medicaid provider agreement to reflect	24186
the facility's reduced certified capacity if the facility's	24187
certified capacity is reduced.	24188

The person is not entitled to notice or a hearing under	24189
Chapter 119. of the Revised Code before the director of job and	24190
family services terminates or amends the medicaid provider	24191
agreement.	24192

Sec. 5111.876. Subject to section 5111.877 of the Revised	24193
Code, the director of mental retardation and developmental	24194
disabilities may request that the director of job and family	24195
services seek the approval of the United States secretary of	24196
health and human services to increase the number of slots	24197
available for home and community-based services by a number not	24198
exceeding the number of beds that were part of the licensed	24199
capacity of a residential facility that had its license revoked or	24200
surrendered under section 5123.19 of the Revised Code if the	24201
residential facility was an intermediate care facility for the	24202
mentally retarded at the time of the license revocation or	24203
surrender. The revocation or surrender may have occurred before,	24204
or may occur on or after, the effective date of this section. The	24205
request may include beds the director removed from such a	24206
residential facility's licensed capacity before transferring	24207
ownership or operation of the residential facility pursuant to a	24208
request for proposals.	24209

Sec. 5111.877. The director of job and family services may	24210
seek approval from the United States secretary of health and human	24211
services for not more than a total of one hundred slots for home	24212
and community-based services for the purposes of sections	24213
5111.874, 5111.875, and 5111.876 of the Revised Code.	24214

Sec. 5111.878. Not more than a total of one hundred beds may	24215
be converted from providing ICF/MR services to providing home and	24216
community-based services under sections 5111.874 and 5111.875 of	24217
the Revised Code.	24218

Sec. 5111.879. No person or government entity may reconvert	24219
a bed to be used for ICF/MR services if the bed was converted to	24220
use for home and community-based services under section 5111.874	24221
or 5111.875 of the Revised Code. This prohibition applies	24222
regardless of either of the following:	24223

(A) The bed is part of the licensed capacity of a residential	24224
facility.	24225

(B) The bed has been sold, leased, or otherwise transferred	24226
to another person or government entity.	24227

Sec. 5111.8710. The directors of job and family services and	24228
mental retardation and developmental disabilities may adopt rules	24229
in accordance with Chapter 119. of the Revised Code as necessary	24230
to implement sections 5111.874 to 5111.8710 of the Revised Code.	24231

Sec. 5111.94. (A) As used in this section, "vendor offset"	24232
means a reduction of a medicaid payment to a medicaid provider to	24233
correct a previous, incorrect medicaid payment to that provider.	24234

(B) There is hereby created in the state treasury the health	24235
care services administration fund. Except as provided in division	24236
(C) of this section, all the following shall be deposited into the	24237
fund:	24238

(1) Amounts deposited into the fund pursuant to sections	24239
5111.92 and 5111.93 of the Revised Code;	24240

(2) The amount of the state share of all money the department	24241
of job and family services, in fiscal year 2003 and each fiscal	24242
year thereafter, recovers pursuant to a tort action under the	24243
department's right of recovery under section 5101.58 of the	24244
Revised Code that exceeds the state share of all money the	24245
department, in fiscal year 2002, recovers pursuant to a tort	24246
action under that right of recovery;	24247

(3) Subject to division (D) of this section, the amount of	24248
the state share of all money the department of job and family	24249
services, in fiscal year 2003 and each fiscal year thereafter,	24250
recovers through audits of medicaid providers that exceeds the	24251
state share of all money the department, in fiscal year 2002,	24252
recovers through such audits;	24253

(4) Amounts from assessments on hospitals under section	24254
5112.06 of the Revised Code and intergovernmental transfers by	24255
governmental hospitals under section 5112.07 of the Revised Code	24256
that are deposited into the fund in accordance with the law;	24257

(5) Amounts that the department of education pays to the	24258
department of job and family services, if any, pursuant to an	24259
interagency agreement entered into under section 5111.713 of the	24260
Revised Code.	24261

(C) No funds shall be deposited into the health care services	24262
administration fund in violation of federal statutes or	24263
regulations.	24264

(D) In determining under division (B)(3) of this section the	24265
amount of money the department, in a fiscal year, recovers through	24266
audits of medicaid providers, the amount recovered in the form of	24267
vendor offset shall be excluded.	24268

(E) The director of job and family services shall use funds	24269
available in the health care services administration fund to pay	24270
for costs associated with the administration of the medicaid	24271
program.	24272

Sec. 5111.941. (A) The medicaid revenue and collections fund	24273
is hereby created in the state treasury. Except as otherwise	24274
provided by statute or as authorized by the controlling board, ~~the~~	24275
~~non-federal~~both of the following shall be credited to the fund:	24276

(1) The nonfederal share of all medicaid-related revenues,	24277
collections, and recoveries ~~shall be credited to the fund~~;	24278

(2) The monthly premiums charged under the children's buy-in	24279
program pursuant to section 5101.5213 of the Revised Code. ~~The~~	24280

(B) The department of job and family services shall use money	24281
credited to the medicaid revenue and collections fund to pay for	24282
medicaid services and contracts and the children's buy-in program	24283
established under sections 5101.5211 to 5101.5216 of the Revised	24284
Code.	24285

Sec. 5112.31. The department of job and family services	24286
shall do all of the following:	24287

(A) For the ~~purpose of providing home and community-based~~	24288
~~services for mentally retarded and developmentally disabled~~	24289
~~persons~~purposes specified in sections 5112.37 and 5112.371 of the	24290
Revised Code, annually assess each intermediate care facility for	24291
the mentally retarded a franchise permit fee equal to ~~nine~~eleven	24292
dollars and ~~sixty-three~~ninety-eight cents multiplied~~, except as~~	24293
~~adjusted under section 5112.311 of the Revised Code,~~ by the	24294
product of the following:	24295

(1) The number of beds certified under Title XIX of the	24296
"Social Security Act" on the first day of May of the calendar year	24297
in which the assessment is determined pursuant to division (A) of	24298
section 5112.33 of the Revised Code;	24299

(2) The number of days in the fiscal year beginning on the	24300
first day of July of the same calendar year.	24301

(B) Beginning July 1, ~~2007~~2009, and the first day of each	24302
July thereafter, adjust fees determined under division (A) of	24303
this section in accordance with the composite inflation factor	24304
established in rules adopted under section 5112.39 of the Revised	24305
Code.	24306

(C) If the United States secretary of health and human	24307
services determines that the franchise permit fee established by	24308
sections 5112.30 to 5112.39 of the Revised Code would be an	24309
impermissible health care-related tax under section 1903(w) of the	24310
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	24311
necessary actions to cease implementation of those sections in	24312
accordance with rules adopted under section 5112.39 of the Revised	24313
Code.	24314

Sec. 5112.37. ~~All~~There is hereby created in the state	24315
treasury the home and community-based services for the mentally	24316
retarded and developmentally disabled fund. Ninety-four and	24317
twenty-eight hundredths per cent of all installment payments and	24318
penalties paid by an intermediate care facility for the mentally	24319
retarded under sections 5112.33 and 5112.34 of the Revised Code	24320
shall be deposited into the ~~"home and community-based services~~	24321
~~for the mentally retarded and developmentally disabled~~ fund,"	24322
~~which is hereby created in the state treasury~~. The department of	24323
job and family services shall distribute the money in the fund in	24324
accordance with rules adopted under section 5112.39 of the Revised	24325
Code. The departments of job and family services and mental	24326
retardation and developmental disabilities shall use the money for	24327
the ~~medical assistance~~medicaid program established under Chapter	24328
5111. of the Revised Code and home and community-based services to	24329
mentally retarded and developmentally disabled persons.	24330

Sec. 5112.371. There is hereby created in the state treasury	24331
the children with intensive behavioral needs programs fund. Five	24332
and seventy-two hundredths per cent of all installment payments	24333
and penalties paid by an intermediate care facility for the	24334
mentally retarded under sections 5112.33 and 5112.34 of the	24335
Revised Code shall be deposited in the fund. The money in the fund	24336
shall be used for the programs the director of mental retardation	24337
and developmental disabilities establishes under section 5123.0417	24338
of the Revised Code.	24339

Sec. 5123.0412. (A) The department of mental retardation and	24340
developmental disabilities shall charge each county board of	24341
mental retardation and developmental disabilities an annual fee	24342
equal to one and one-half per cent of the total value of all	24343
medicaid paid claims for ~~medicaid case management services and~~	24344
home and community-based services provided during the year to an	24345
individual eligible for services from the county board. No county	24346
board shall pass the cost of a fee charged to the county board	24347
under this section on to another provider of these services.	24348

(B) The fees collected under this section shall be deposited	24349
into the ODMR/DD administration and oversight fund and the ODJFS	24350
administration and oversight fund, both of which are hereby	24351
created in the state treasury. The portion of the fees to be	24352
deposited into the ODMR/DD administration and oversight fund and	24353
the portion of the fees to be deposited into the ODJFS	24354
administration and oversight fund shall be the portion specified	24355
in an interagency agreement entered into under division (C) of	24356
this section. The department of mental retardation and	24357
developmental disabilities shall use the money in the ODMR/DD	24358
administration and oversight fund and the department of job and	24359
family services shall use the money in the ODJFS administration	24360
and oversight fund for both of the following purposes:	24361

(1) The administrative and oversight costs of medicaid case	24362
management services and home and community-based services. The	24363
administrative and oversight costs shall include costs for staff,	24364
systems, and other resources the departments need and dedicate	24365
solely to the following duties associated with the services:	24366

(a) Eligibility determinations;

24367

(b) Training;

24368

24369

(d) Claims processing;

24370

(e) Quality assurance oversight;

24371

(f) Other duties the departments identify.

24372

(2) Providing technical support to county boards' local	24373
administrative authority under section 5126.055 of the Revised	24374
Code for the services.	24375

(C) The departments of mental retardation and developmental	24376
disabilities and job and family services shall enter into an	24377
interagency agreement to do both of the following:	24378

(1) Specify which portion of the fees collected under this	24379
section is to be deposited into the ODMR/DD administration and	24380
oversight fund and which portion is to be deposited into the ODJFS	24381
administration and oversight fund;	24382

(2) Provide for the departments to coordinate the staff whose	24383
costs are paid for with money in the ODMR/DD administration and	24384
oversight fund and the ODJFS administration and oversight fund.	24385

(D) The departments shall submit an annual report to the	24386
director of budget and management certifying how the departments	24387
spent the money in the ODMR/DD administration and oversight fund	24388
and the ODJFS administration and oversight fund for the purposes	24389
specified in division (B) of this section.	24390

Sec. 5123.0417. (A) Using funds available under section	24391
5112.371 of the Revised Code, the director of mental retardation	24392
and developmental disabilities shall establish one or more	24393
programs for individuals under twenty-one years of age who have	24394
intensive behavioral needs, including such individuals with a	24395
primary diagnosis of autism spectrum disorder. The programs may	24396
include one or more medicaid waiver components that the director	24397
administers pursuant to section 5111.871 of the Revised Code. The	24398
programs may do one or more of the following:	24399

(1) Establish models that incorporate elements common to	24400
effective intervention programs and evidence-based practices in	24401
services for children with intensive behavioral needs;	24402

(2) Design a template for individualized education plans and	24403
individual service plans that provide consistent intervention	24404
programs and evidence-based practices for the care and treatment	24405
of children with intensive behavioral needs;	24406

(3) Disseminate best practice guidelines for use by families	24407
of children with intensive behavioral needs and professionals	24408
working with such families;	24409

(4) Develop a transition planning model for effectively	24410
mainstreaming school-age children with intensive behavioral needs	24411
to their public school district;	24412

(5) Contribute to the field of early and effective	24413
identification and intervention programs for children with	24414
intensive behavioral needs by providing financial support for	24415
scholarly research and publication of clinical findings.	24416

(B) The director of mental retardation and developmental	24417
disabilities shall collaborate with the director of job and family	24418
services and consult with the executive director of the Ohio	24419
center for autism and low incidence and university-based programs	24420
that specialize in services for individuals with developmental	24421
disabilities when establishing programs under this section.	24422

Sec. 5123.196. (A) Except as provided in division ~~(F)~~(E) of	24423
this section, the director of mental retardation and	24424
developmental disabilities shall not issue a license under	24425
section 5123.19 of the Revised Code on or after July 1, 2003, if	24426
issuance will result in there being more beds in all residential	24427
facilities licensed under that section than is permitted under	24428
division (B) of this section.	24429

(B) ~~Except as provided in division (D) of this section, the~~	24430
The maximum number of beds for the purpose of division (A) of	24431
this section shall not exceed ten thousand eight hundred	24432
thirty-eight minus, except as provided in division (C) of this	24433
section, both of the following:	24434

(1) The number of such beds that cease to be residential	24435
facility beds on or after July 1, 2003, because a residential	24436
facility license is revoked, terminated, or not renewed for any	24437
reason or is surrendered in accordance with section 5123.19 of the	24438
Revised Code ~~and after the issuance of an adjudication order~~	24439
~~pursuant to Chapter 119. of the Revised Code~~;	24440

(2) The number of such beds for which a licensee voluntarily	24441
converts to use for supported living on or after July 1, 2003.	24442

(C) The director is not required to reduce the maximum number	24443
of beds pursuant to division (B) of this section by a bed that	24444
ceases to be a residential facility bed if the director determines	24445
that the bed is needed to provide services to an individual with	24446
mental retardation or a developmental disability who resided in	24447
the residential facility in which the bed was located ~~unless the~~	24448
~~reason the bed ceases to be a residential facility bed is because~~	24449
~~it is converted to providing home and community-based services~~	24450
~~under the ICF/MR conversion pilot program that is authorized by a~~	24451
~~waiver sought under division (B)(1) of section 5111.88 of the~~	24452
~~Revised Code~~.	24453

(D) ~~The director shall increase the number of beds determined~~	24454
~~under division (B) of this section if necessary to enable the~~	24455
~~operator of a residential facility to do either of the following:~~	24456

~~(1) Obtain a residential facility license as required by~~	24457
~~section 5111.8814 of the Revised Code;~~	24458

~~(2) Reconvert beds to providing ICF/MR services under section~~	24459
~~5111.8811 of the Revised Code.~~	24460

~~(E)~~ The director shall maintain an up-to-date written record	24461
of the maximum number of residential facility beds provided for by	24462
division (B) of this section.	24463

~~(F)~~(E) The director may issue an interim license under	24464
division (S) of section 5123.19 of the Revised Code and issue,	24465
pursuant to rules adopted under division (H)(11) of that	24466
section, a waiver allowing a residential facility to admit more	24467
residents than the facility is licensed to admit regardless of	24468
whether the interim license or waiver will result in there being	24469
more beds in all residential facilities licensed under that	24470
section than is permitted under division (B) of this section.	24471

Sec. 5123.36. (A) To the extent funds are available and on	24472
application by a county board of mental retardation and	24473
developmental disabilities or private nonprofit agency	24474
incorporated to provide mental retardation or developmental	24475
disability services, the director of mental retardation and	24476
developmental disabilities may enter into an agreement with the	24477
county board or agency to assist the county board or agency with a	24478
mental retardation or developmental disability construction	24479
project. Except as provided by division (B) of this section, the	24480
director may provide up to ninety per cent of the total project	24481
cost where circumstances warrant. The director may, where	24482
circumstances warrant, use existing facilities or other in-kind	24483
match for the local share of the communities' share of the cost.	24484

(B) Upon the recommendation of the director, for projects of	24485
the highest priority of the department of mental retardation and	24486
developmental disabilities, the controlling board may authorize	24487
the director to provide more than ninety per cent of the total	24488
cost of a project under this section.	24489

(C) A county board is eligible for funds under this section	24490
for a project bid on or after January 1, 1992, under either	24491
section 153.07 or 307.86 of the Revised Code, as long as all other	24492
applicable requirements were followed.	24493

(D) A private nonprofit agency that receives funds pursuant	24494
to this section for the construction of a single-family home,	24495
including, where appropriate, the acquisition and installation of	24496
a single-family home fabricated in an off-site facility, is not	24497
subject to the requirements of Chapter 153. of the Revised Code	24498
with respect to the construction project, notwithstanding any	24499
provision of that chapter to the contrary.	24500

(E) The director may not assist a project under this section	24501
unless the controlling board or director of budget and management	24502
also approves the project pursuant to section 126.14 of the	24503
Revised Code.	24504

Sec. 5501.09. (A) There is hereby created within the	24505
division of multi-modal planning and programs the office of	24506
maritime transportation. The director of transportation shall	24507
assign to the office such duties, powers, and functions relating	24508
to state maritime transportation issues and activities as the	24509
director determines.	24510

(B) In addition to those duties, powers, and functions the	24511
director assigns to it, the office of maritime transportation	24512
shall exercise and perform such other duties, powers, and	24513
functions as are assigned to it by law.	24514

Sec. 5502.68. (A) There is hereby created in the state	24515
treasury the drug law enforcement fund. Three dollars and fifty	24516
cents out of each ten-dollar court cost imposed pursuant to	24517
section 2949.094 of the Revised Code shall be credited to the	24518
fund. Money in the fund shall be in an interest-bearing account,	24519
and all interest earned shall be credited to the fund. Money in	24520
the fund shall be used only in accordance with this section to	24521
award grants to counties, municipal corporations, townships,	24522
township police districts, and joint township police districts to	24523
defray the expenses that a drug task force organized in the	24524
county, or in the county in which the municipal corporation,	24525
township, or district is located, incurs in performing its	24526
functions related to the enforcement of the state's drug laws and	24527
other state laws related to illegal drug activity.	24528

The division of criminal justice services shall administer	24529
all money deposited into the drug law enforcement fund and, by	24530
rule adopted under Chapter 119. of the Revised Code, shall	24531
establish procedures for a county, municipal corporation,	24532
township, township police district, or joint township police	24533
district to apply for money from the fund to defray the expenses	24534
that a drug task force organized in the county, or in the county	24535
in which the municipal corporation, township, or district is	24536
located, incurs in performing its functions related to the	24537
enforcement of the state's drug laws and other state laws related	24538
to illegal drug activity, procedures and criteria for determining	24539
eligibility of applicants to be provided money from the fund, and	24540
procedures and criteria for determining the amount of money to be	24541
provided out of the fund to eligible applicants.	24542

(B) The procedures and criteria established under division	24543
(A) of this section for applying for money from the fund shall	24544
include, but shall not be limited to, a provision requiring a	24545
county, municipal corporation, township, township police district,	24546
or joint township police district that applies for money from the	24547
fund to specify in its application the amount of money desired	24548
from the fund, provided that the cumulative amount requested in	24549
all applications submitted for any single drug task force may not	24550
exceed more than two hundred fifty thousand dollars in any	24551
calendar year for that task force.	24552

(C) The procedures and criteria established under division	24553
(A) of this section for determining eligibility of applicants to	24554
be provided money from the fund and for determining the amount of	24555
money to be provided out of the fund to eligible applicants shall	24556
include, but not be limited to, all of the following:	24557

(1) Provisions requiring that, in order to be eligible to be	24558
provided money from the fund, a drug task force that applies for	24559
money from the fund must provide evidence that the drug task force	24560
will receive a local funding match of at least twenty-five per	24561
cent of the task force's projected operating costs in the period	24562
of time covered by the grant;	24563

(2) Provisions requiring that money from the fund be	24564
allocated and provided to drug task forces that apply for money	24565
from the fund in accordance with the following priorities:	24566

(a) Drug task forces that apply, that are in existence on the	24567
date of the application, and that are determined to be eligible	24568
applicants, and to which either of the following applies shall be	24569
given first priority to be provided money from the fund:	24570

(i) Drug task forces that received funding through the	24571
division of criminal justice services in calendar year 2007;	24572

(ii) Drug task forces in a county that has a population that	24573
exceeds seven hundred fifty thousand.	24574

(b) If any moneys remain in the fund after all drug task	24575
forces that apply, that are in existence on the date of the	24576
application, that are determined to be eligible applicants, and	24577
that satisfy the criteria set forth in division (C)(2)(a)(i) or	24578
(ii) of this section are provided money from the fund as	24579
described in division (C)(2)(a) of this section, the following	24580
categories of drug task forces that apply and that are determined	24581
to be eligible applicants shall be given priority to be provided	24582
money from the fund in the order in which they apply for money	24583
from the fund:	24584

(i) Drug task forces that are not in existence on the date of	24585
the application;	24586

(ii) Drug task forces that are in existence on the date of	24587
the application but that do not satisfy the criteria set forth in	24588
division (C)(2)(a)(i) or (ii) of this section.	24589

(D) The procedures and criteria established under division	24590
(A) of this section for determining the amount of money to be	24591
provided out of the fund to eligible applicants shall include, but	24592
shall not be limited to, a provision specifying that the	24593
cumulative amount provided to any single drug task force may not	24594
exceed more than two hundred fifty thousand dollars in any	24595
calendar year.	24596

(E) As used in this section "drug task force" means a drug	24597
task force organized in any county by the sheriff of the county,	24598
the prosecuting attorney of the county, the chief of police of	24599
the organized police department of any municipal corporation or	24600
township in the county, and the chief of police of the police	24601
force of any township police district or joint township police	24602
district in the county to perform functions related to the	24603
enforcement of state drug laws and other state laws related to	24604
illegal drug activity.	24605

Sec. 5513.01. (A) All purchases of machinery, materials,	24606
supplies, or other articles that the director of transportation	24607
makes shall be in the manner provided in this section. In all	24608
cases except those in which the director provides written	24609
authorization for purchases by district deputy directors of	24610
transportation, all such purchases shall be made at the central	24611
office of the department of transportation in Columbus. Before	24612
making any purchase at that office, the director, as provided in	24613
this section, shall give notice to bidders of the director's	24614
intention to purchase. Where the expenditure does not exceed the	24615
amount applicable to the purchase of supplies specified in	24616
division (B) of section 125.05 of the Revised Code, as adjusted	24617
pursuant to division (D) of that section, the director shall give	24618
such notice as the director considers proper, or the director may	24619
make the purchase without notice. Where the expenditure exceeds	24620
the amount applicable to the purchase of supplies specified in	24621
division (B) of section 125.05 of the Revised Code, as adjusted	24622
pursuant to division (D) of that section, the director shall give	24623
notice by posting for not less than ten days a written, typed, or	24624
printed invitation to bidders on a bulletin board, which shall be	24625
located in a place in the offices assigned to the department and	24626
open to the public during business hours. Producers or	24627
distributors of any product may notify the director, in writing,	24628
of the class of articles for the furnishing of which they desire	24629
to bid and their post-office addresses, in which case copies of	24630
all invitations to bidders relating to the purchase of such	24631
articles shall be mailed to such persons by the director by	24632
regular first class mail at least ten days prior to the time fixed	24633
for taking bids. The director also may mail copies of all	24634
invitations to bidders to news agencies or other agencies or	24635
organizations distributing information of this character. Requests	24636
for invitations shall not be valid nor require action by the	24637
director unless renewed, either annually or after such shorter	24638
period as the director may prescribe by a general rule. The	24639
invitation to bidders shall contain a brief statement of the	24640
general character of the article that it is intended to purchase,	24641
the approximate quantity desired, and a statement of the time and	24642
place where bids will be received, and may relate to and describe	24643
as many different articles as the director thinks proper, it being	24644
the intent and purpose of this section to authorize the inclusion	24645
in a single invitation of as many different articles as the	24646
director desires to invite bids upon at any given time.	24647
Invitations issued during each calendar year shall be given	24648
consecutive numbers, and the number assigned to each invitation	24649
shall appear on all copies thereof. In all cases where notice is	24650
required by this section, sealed bids shall be taken, on forms	24651
prescribed and furnished by the director, and modification of bids	24652
after they have been opened shall not be permitted.	24653

(B) The director may permit the Ohio turnpike commission, any	24654
political subdivision, and any state university or college to	24655
participate in contracts into which the director has entered for	24656
the purchase of machinery, materials, supplies, or other articles.	24657
~~Any~~The turnpike commission and any political subdivision or state	24658
university or college desiring to participate in such purchase	24659
contracts shall file with the director a certified copy of the	24660
bylaws or rules of the turnpike commission or the ordinance or	24661
resolution of ~~its~~the legislative authority, board of trustees, or	24662
other governing board requesting authorization to participate in	24663
such contracts and agreeing to be bound by such terms and	24664
conditions as the director prescribes. Purchases made by the	24665
turnpike commission, political subdivisions, or state universities	24666
or colleges under this division are exempt from any competitive	24667
bidding required by law for the purchase of machinery, materials,	24668
supplies, or other articles.	24669

24670

(1) "Political subdivision" means any county, township,	24671
municipal corporation, conservancy district, township park	24672
district, park district created under Chapter 1545. of the Revised	24673
Code, port authority, regional transit authority, regional airport	24674
authority, regional water and sewer district, or county transit	24675
board.	24676

(2) "State university or college" has the same meaning as in	24677
division (A)(1) of section 3345.32 of the Revised Code.	24678

(3) "Ohio turnpike commission" means the commission created	24679
by section 5537.02 of the Revised Code.	24680

Sec. 5525.01. Before entering into a contract the director	24681
of transportation shall advertise for bids for two consecutive	24682
weeks in one newspaper of general circulation published in the	24683
county in which the improvement or part thereof is located, but if	24684
there is no such newspaper then in one newspaper having general	24685
circulation in an adjacent county. The director may advertise for	24686
bids in such other publications as the director considers	24687
advisable. Such notices shall state that plans and specifications	24688
for the improvement are on file in the office of the director and	24689
the district deputy director of the district in which the	24690
improvement or part thereof is located and the time within which	24691
bids therefor will be received.	24692

Each bidder shall be required to file with the bidder's bid a	24693
bid guaranty in the form of a certified check or, a cashier's	24694
check, or an electronic funds transfer to the treasurer of state	24695
that is evidenced by a receipt or by a certification to the	24696
director of transportation in a form prescribed by the director	24697
that an electronic funds transfer has been made to the treasurer	24698
of state, for an amount equal to five per cent of the bidder's	24699
bid, but in no event more than fifty thousand dollars, or a bid	24700
bond for ten per cent of the bidder's bid, payable to the	24701
director, which check, transferred sum, or bond shall be forthwith	24702
returned to the bidder in case the contract is awarded to another	24703
bidder, or, in case of a successful bidder, when the bidder has	24704
entered into a contract and furnished the bonds required by	24705
section 5525.16 of the Revised Code. In the event the contract is	24706
awarded to a bidder, and the bidder fails or refuses to furnish	24707
the bonds as required by section 5525.16 of the Revised Code, the	24708
check, transferred sum, or bid bond filed with the bidder's bid	24709
shall be forfeited as liquidated damages. No bidder shall be	24710
required either to file a signed contract with the bidder's bid,	24711
to enter into a contract, or to furnish the contract performance	24712
bond and the payment bond required by that section until the bids	24713
have been opened and the bidder has been notified by the director	24714
that the bidder is awarded the contract.	24715

The director shall permit a bidder to withdraw the bidder's	24716
bid from consideration, without forfeiture of the ~~certified~~ check,	24717
transferred sum, or bid bond filed with the bid, providing a	24718
written request together with a sworn statement of the grounds for	24719
such withdrawal is delivered within forty-eight hours after the	24720
time established for the receipt of bids, and if the price bid was	24721
substantially lower than the other bids, providing the bid was	24722
submitted in good faith, and the reason for the price bid being	24723
substantially lower was a clerical mistake evident on the face of	24724
the bid, as opposed to a judgment mistake, and was actually due to	24725
an unintentional and substantial arithmetic error or an	24726
unintentional omission of a substantial quantity of work, labor,	24727
or material made directly in the compilation of the bid. In the	24728
event the director decides the conditions for withdrawal have not	24729
been met, the director may award the contract to such bidder. If	24730
such bidder does not then enter into a contract and furnish the	24731
contract bond as required by law, the director may declare	24732
forfeited the ~~certified~~ check, transferred sum, or bid bond as	24733
liquidated damages and award the contract to the next higher	24734
bidder or reject the remaining bids and readvertise the project	24735
for bids. Such bidder may, within thirty days, appeal the decision	24736
of the director to the court of common pleas of Franklin county	24737
and the court may affirm or reverse the decision of the director	24738
and may order the director to refund the amount of the forfeiture.	24739
At the hearing before the common pleas court evidence may be	24740
introduced for and against the decision of the director. The	24741
decision of the common pleas court may be appealed as in other	24742
cases.	24743

There is hereby created the ODOT letting fund, which shall be	24744
in the custody of the treasurer of state but shall not be part of	24745
the state treasury. All certified checks and cashiers' checks	24746
received with bidders' bids, and all sums transferred to the	24747
treasurer of state by electronic funds transfer in connection with	24748
bidders' bids, under this section shall be credited to the fund.	24749
All such bid guaranties shall be held in the fund until a	24750
determination is made as to the final disposition of the money. If	24751
the department determines that any such bid guaranty is no longer	24752
required to be held, the amount of the bid guaranty shall be	24753
returned to the appropriate bidder. If the department determines	24754
that a bid guaranty under this section shall be forfeited, the	24755
amount of the bid guaranty shall be transferred or, in the case of	24756
money paid on a forfeited bond, deposited into the state treasury,	24757
to the credit of the highway operating fund. Any investment	24758
earnings of the ODOT letting fund shall be distributed as the	24759
treasurer of state considers appropriate.	24760

The director shall require all bidders to furnish the	24761
director, upon such forms as the director may prescribe, detailed	24762
information with respect to all pending work of the bidder,	24763
whether with the department of transportation or otherwise,	24764
together with such other information as the director considers	24765
necessary.	24766

In the event a bidder fails to submit anything required to be	24767
submitted with the bid and then fails or refuses to so submit such	24768
at the request of the director, the failure or refusal constitutes	24769
grounds for the director, in the director's discretion, to declare	24770
as forfeited the bid guaranty submitted with the bid.	24771

The director may reject any or all bids. Except in regard to	24772
contracts for environmental remediation and specialty work for	24773
which there are no classes of work set out in the rules adopted by	24774
the director, if the director awards the contract, the director	24775
shall award it to the lowest competent and responsible bidder as	24776
defined by rules adopted by the director under section 5525.05 of	24777
the Revised Code, who is qualified to bid under sections 5525.02	24778
to 5525.09 of the Revised Code. In regard to contracts for	24779
environmental remediation and specialty work for which there are	24780
no classes of work set out in the rules adopted by the director,	24781
the director shall competitively bid the projects in accordance	24782
with this chapter and shall award the contracts to the lowest and	24783
best bidder.	24784

The award for all projects competitively let by the director	24785
under this section shall be made within ten days after the date on	24786
which the bids are opened, and the successful bidder shall enter	24787
into a contract and furnish a contract performance bond and a	24788
payment bond, as provided for in section 5525.16 of the Revised	24789
Code, within ten days after the bidder is notified that the bidder	24790
has been awarded the contract.	24791

The director may insert in any contract awarded under this	24792
chapter a clause providing for value engineering change proposals,	24793
under which a contractor who has been awarded a contract may	24794
propose a change in the plans and specifications of the project	24795
that saves the department time or money on the project without	24796
impairing any of the essential functions and characteristics of	24797
the project such as service life, reliability, economy of	24798
operation, ease of maintenance, safety, and necessary standardized	24799
features. If the director adopts the value engineering proposal,	24800
the savings from the proposal shall be divided between the	24801
department and the contractor according to guidelines established	24802
by the director, provided that the contractor shall receive at	24803
least fifty per cent of the savings from the proposal. The	24804
adoption of a value engineering proposal does not invalidate the	24805
award of the contract or require the director to rebid the	24806
project.	24807

Sec. 5533.94. In addition to the designation in section	24808
5533.35 of the Revised Code, the road known as interstate highway	24809
number ninety, located within the municipal corporation of	24810
Willoughby Hills in Lake county only, shall be known as the "Cpl.	24811
Joshua Harmon Memorial Highway."	24812

The director of transportation may erect suitable markers	24813
along the highway indicating its name.	24814

Sec. 5703.19. (A) To carry out the purposes of the laws that	24815
the tax commissioner is required to administer, the commissioner	24816
or any person employed by the commissioner for that purpose, upon	24817
demand, may inspect books, accounts, records, and memoranda of any	24818
person or public utility subject to those laws, and may examine	24819
under oath any officer, agent, or employee of that person or	24820
public utility. Any person other than the commissioner who makes a	24821
demand pursuant to this section shall produce the person's	24822
authority to make the inspection.	24823

(B) If a person or public utility receives at least ten days'	24824
written notice of a demand made under division (A) of this section	24825
and refuses to comply with that demand, a penalty of five hundred	24826
dollars shall be imposed upon the person or public utility for	24827
each day the person or public utility refuses to comply with the	24828
demand. Penalties imposed under this division may be assessed and	24829
collected in the same manner as assessments made under Chapter	24830
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	24831
5747., 5749., or ~~5753.~~5751., or sections 3734.90 to 3734.9014, of	24832
the Revised Code.	24833

Sec. 5703.21. (A) Except as provided in divisions (B) and	24834
(C) of this section, no agent of the department of taxation,	24835
except in the agent's report to the department or when called on	24836
to testify in any court or proceeding, shall divulge any	24837
information acquired by the agent as to the transactions,	24838
property, or business of any person while acting or claiming to	24839
act under orders of the department. Whoever violates this	24840
provision shall thereafter be disqualified from acting as an	24841
officer or employee or in any other capacity under appointment or	24842
employment of the department.	24843

(B)(1) For purposes of an audit pursuant to section 117.15 of	24844
the Revised Code, or an audit of the department pursuant to	24845
Chapter 117. of the Revised Code, or an audit, pursuant to that	24846
chapter, the objective of which is to express an opinion on a	24847
financial report or statement prepared or issued pursuant to	24848
division (A)(7) or (9) of section 126.21 of the Revised Code, the	24849
officers and employees of the auditor of state charged with	24850
conducting the audit shall have access to and the right to examine	24851
any state tax returns and state tax return information in the	24852
possession of the department to the extent that the access and	24853
examination are necessary for purposes of the audit. Any	24854
information acquired as the result of that access and examination	24855
shall not be divulged for any purpose other than as required for	24856
the audit or unless the officers and employees are required to	24857
testify in a court or proceeding under compulsion of legal	24858
process. Whoever violates this provision shall thereafter be	24859
disqualified from acting as an officer or employee or in any other	24860
capacity under appointment or employment of the auditor of state.	24861

(2) For purposes of an internal audit pursuant to section	24862
126.45 of the Revised Code, the officers and employees of the	24863
office of internal auditing in the office of budget and management	24864
charged with conducting the internal audit shall have access to	24865
and the right to examine any state tax returns and state tax	24866
return information in the possession of the department to the	24867
extent that the access and examination are necessary for purposes	24868
of the internal audit. Any information acquired as the result of	24869
that access and examination shall not be divulged for any purpose	24870
other than as required for the internal audit or unless the	24871
officers and employees are required to testify in a court or	24872
proceeding under compulsion of legal process. Whoever violates	24873
this provision shall thereafter be disqualified from acting as an	24874
officer or employee or in any other capacity under appointment or	24875
employment of the office of internal auditing.	24876

(3) As provided by section 6103(d)(2) of the Internal Revenue	24877
Code, any federal tax returns or federal tax information that the	24878
department has acquired from the internal revenue service, through	24879
federal and state statutory authority, may be disclosed to the	24880
auditor of state or the office of internal auditing solely for	24881
purposes of an audit of the department.	24882

(C) Division (A) of this section does not prohibit any of the	24883
following:	24884

(1) Divulging information contained in applications,	24885
complaints, and related documents filed with the department under	24886
section 5715.27 of the Revised Code or in applications filed with	24887
the department under section 5715.39 of the Revised Code;	24888

(2) Providing information to the office of child support	24889
within the department of job and family services pursuant to	24890
section 3125.43 of the Revised Code;	24891

(3) Disclosing to the board of motor vehicle collision repair	24892
registration any information in the possession of the department	24893
that is necessary for the board to verify the existence of an	24894
applicant's valid vendor's license and current state tax	24895
identification number under section 4775.07 of the Revised Code;	24896

(4) Providing information to the administrator of workers'	24897
compensation pursuant to sections 4123.271 and 4123.591 of the	24898
Revised Code;	24899

(5) Providing to the attorney general information the	24900
department obtains under division (J) of section 1346.01 of the	24901
Revised Code;	24902

(6) Permitting properly authorized officers, employees, or	24903
agents of a municipal corporation from inspecting reports or	24904
information pursuant to rules adopted under section 5745.16 of the	24905
Revised Code;	24906

(7) Providing information regarding the name, account number,	24907
or business address of a holder of a vendor's license issued	24908
pursuant to section 5739.17 of the Revised Code, a holder of a	24909
direct payment permit issued pursuant to section 5739.031 of the	24910
Revised Code, or a seller having a use tax account maintained	24911
pursuant to section 5741.17 of the Revised Code, or information	24912
regarding the active or inactive status of a vendor's license,	24913
direct payment permit, or seller's use tax account;	24914

(8) Releasing invoices or invoice information furnished under	24915
section 4301.433 of the Revised Code pursuant to that section;	24916

(9) Providing to a county auditor notices or documents	24917
concerning or affecting the taxable value of property in the	24918
county auditor's county. Unless authorized by law to disclose	24919
documents so provided, the county auditor shall not disclose such	24920
documents;	24921

(10) Providing to a county auditor sales or use tax return or	24922
audit information under section 333.06 of the Revised Code;	24923

(11) Disclosing to the department of natural resources	24924
information in the possession of the department that is necessary	24925
to verify the taxpayer's compliance with division (A)(1), (8), or	24926
(9) of section 5749.02 of the Revised Code.	24927

Sec. 5703.57. (A) As used in this section, "Ohio business	24928
gateway" has the same meaning as in section 718.051 of the Revised	24929
Code.	24930

(B) There is hereby created the Ohio business gateway	24931
steering committee to direct the continuing development of the	24932
Ohio business gateway and to oversee its operations. The committee	24933
shall provide general oversight regarding operation of the Ohio	24934
business gateway and shall recommend to the department of	24935
administrative services enhancements that will improve the Ohio	24936
business gateway. The committee shall consider all banking,	24937
technological, administrative, and other issues associated with	24938
the Ohio business gateway and shall make recommendations regarding	24939
the type of reporting forms or other tax documents to be filed	24940
through the Ohio business gateway.	24941

24942

(1) The following members, appointed by the governor with the	24943
advice and consent of the senate:	24944

(a) Not more than two representatives of the business	24945
community;	24946

(b) Not more than three representatives of municipal tax	24947
administrators; and	24948

24949

(2) The following ex officio members:

24950

(a) The director or other highest officer of each state	24951
agency that has tax reporting forms or other tax documents filed	24952
with it through the Ohio business gateway or the director's	24953
designee;	24954

(b) The secretary of state or the secretary of state's	24955
designee;	24956

(c) The treasurer of state or the treasurer of state's	24957
designee;	24958

(d) The director of budget and management or the director's	24959
designee;	24960

(e) The ~~director of the office of information technology~~	24961
state chief information officer or the ~~director's~~officer's	24962
designee; ~~and~~	24963

(f) The tax commissioner or the tax commissioner's designee;	24964
and	24965

(g) The director of development or the director's designee.

24966

An appointed member shall serve until the member resigns or	24967
is removed by the governor. Vacancies shall be filled in the same	24968
manner as original appointments.	24969

(D) A vacancy on the committee does not impair the right of	24970
the other members to exercise all the functions of the committee.	24971
The presence of a majority of the members of the committee	24972
constitutes a quorum for the conduct of business of the committee.	24973
The concurrence of at least a majority of the members of the	24974
committee is necessary for any action to be taken by the	24975
committee. On request, each member of the committee shall be	24976
reimbursed for the actual and necessary expenses incurred in the	24977
discharge of the member's duties.	24978

(E) The committee is a part of the department of taxation for	24979
administrative purposes.	24980

(F) Each year, the governor shall select a member of the	24981
committee to serve as chairperson. The chairperson shall appoint	24982
an official or employee of the department of taxation to act as	24983
the committee's secretary. The secretary shall keep minutes of the	24984
committee's meetings and a journal of all meetings, proceedings,	24985
findings, and determinations of the committee.	24986

(G) The committee shall hire professional, technical, and	24987
clerical staff needed to support its activities.	24988

(H) The committee shall meet as often as necessary to perform	24989
its duties.	24990

Sec. 5703.82. (A) Not later than April 1, 2009, the	24991
department of taxation shall acquire the necessary hardware,	24992
software, and services to establish and implement a tax discovery	24993
data system to increase the efficiency of tax collections in the	24994
state. The system must be fully integrated and pre-staged for	24995
the purposes of assisting in revenue analysis, discovering	24996
noncompliant taxpayers, and collecting taxes from those	24997
taxpayers. The system shall consolidate tax data from various	24998
mainframe systems and operate as a single tax discovery data	24999
system. The department shall contract, pursuant to a competitive	25000
bidding process, for the necessary hardware, software, and	25001
services to implement the tax discovery data system.	25002

(B) There is hereby created in the state treasury the	25003
discovery project fund. All money to the credit of the fund shall	25004
be used to pay the costs of implementing and operating the tax	25005
discovery data system and to defray the costs incurred by the	25006
department of taxation in administering the system.	25007

(C) Beginning July 1, 2009, on or before the first day of	25008
January, April, July, and October of each calendar year, the tax	25009
commissioner shall determine and certify to the director of budget	25010
and management the amount needed to pay the costs of operating the	25011
tax discovery data system in the previous calendar quarter and the	25012
costs incurred in the previous calendar quarter by the department	25013
of taxation in administering the system. The director shall	25014
provide for payment from the general revenue fund to the discovery	25015
project fund of the amount so certified.	25016

Sec. 5705.194. The board of education of any city, local,	25017
exempted village, cooperative education, or joint vocational	25018
school district at any time may declare by resolution that the	25019
revenue that will be raised by all tax levies which the district	25020
is authorized to impose, when combined with state and federal	25021
revenues, will be insufficient to provide for the emergency	25022
requirements of the school district or to avoid an operating	25023
deficit, and that it is therefore necessary to levy an additional	25024
tax in excess of the ten-mill limitation. The resolution shall be	25025
confined to a single purpose and shall specify that purpose. If	25026
the levy is proposed to renew all or a portion of the proceeds	25027
derived from one or more existing levies imposed pursuant to this	25028
section, it shall be called a renewal levy and shall be so	25029
designated on the ballot. If two or more existing levies are to be	25030
included in a single renewal levy but are not scheduled to expire	25031
in the same year, the resolution shall specify that the existing	25032
levies to be renewed shall not be levied after the year preceding	25033
the year in which the renewal levy is first imposed.	25034
Notwithstanding the original purpose of any one or more existing	25035
levies that are to be in any single renewal levy, the purpose of	25036
the renewal levy may be either to avoid an operating deficit or to	25037
provide for the emergency requirements of the school district. The	25038
resolution shall further specify the amount of money it is	25039
necessary to raise for the specified purpose for each calendar	25040
year the millage is to be imposed; if a renewal levy, whether the	25041
levy is to renew all, or a portion of, the proceeds derived from	25042
one or more existing levies; and the number of years in which the	25043
millage is to be in effect, which may include a levy upon the	25044
current year's tax list. The number of years may be any number	25045
not exceeding ~~five~~ten.	25046

The question shall be submitted at a special election on a	25047
date specified in the resolution. The date shall not be earlier	25048
than eighty days after the adoption and certification of the	25049
resolution to the county auditor and shall be consistent with the	25050
requirements of section 3501.01 of the Revised Code. A resolution	25051
for a renewal levy shall not be placed on the ballot unless the	25052
question is submitted on a date on which a special election may be	25053
held under division (D) of section 3501.01 of the Revised Code,	25054
except for the first Tuesday after the first Monday in February	25055
and August, during the last year the levy to be renewed may be	25056
extended on the real and public utility property tax list and	25057
duplicate, or at any election held in the ensuing year, except	25058
that if the resolution proposes renewing two or more existing	25059
levies, the question shall be submitted on the date of the general	25060
or primary election held during the last year at least one of the	25061
levies to be renewed may be extended on that list and duplicate,	25062
or at any election held during the ensuing year. For purposes of	25063
this section, a levy shall be considered to be an "existing levy"	25064
through the year following the last year it can be placed on the	25065
real and public utility property tax list and duplicate.	25066

The submission of questions to the electors under this	25067
section is subject to the limitation on the number of election	25068
dates established by section 5705.214 of the Revised Code.	25069

The resolution shall go into immediate effect upon its	25070
passage, and no publication of the resolution shall be necessary	25071
other than that provided for in the notice of election. A copy of	25072
the resolution shall immediately after its passing be certified to	25073
the county auditor of the proper county. Section 5705.195 of the	25074
Revised Code shall govern the arrangements for the submission of	25075
questions to the electors under this section and other matters	25076
concerning the election. Publication of notice of the election	25077
shall be made in one or more newspapers of general circulation in	25078
the county once a week for two consecutive weeks prior to the	25079
election, and, if the board of elections operates and maintains a	25080
web site, the board of elections shall post notice of the election	25081
on its web site for thirty days prior to the election. If a	25082
majority of the electors voting on the question submitted in an	25083
election vote in favor of the levy, the board of education of the	25084
school district may make the additional levy necessary to raise	25085
the amount specified in the resolution for the purpose stated in	25086
the resolution. The tax levy shall be included in the next tax	25087
budget that is certified to the county budget commission.	25088

After the approval of the levy and prior to the time when the	25089
first tax collection from the levy can be made, the board of	25090
education may anticipate a fraction of the proceeds of the levy	25091
and issue anticipation notes in an amount not exceeding the total	25092
estimated proceeds of the levy to be collected during the first	25093
year of the levy.	25094

The notes shall be issued as provided in section 133.24 of	25095
the Revised Code, shall have principal payments during each year	25096
after the year of their issuance over a period not to exceed five	25097
years, and may have principal payment in the year of their	25098
issuance.	25099

Sec. 5705.199. (A) At any time the board of education of a	25100
city, local, exempted village, cooperative education, or joint	25101
vocational school district, by a vote of two-thirds of all its	25102
members, may declare by resolution that the revenue that will be	25103
raised by all tax levies that the district is authorized to	25104
impose, when combined with state and federal revenues, will be	25105
insufficient to provide for the necessary requirements of the	25106
school district, and that it is therefore necessary to levy a tax	25107
in excess of the ten-mill limitation for the purpose of providing	25108
for the necessary requirements of the school district. Such a	25109
levy shall be proposed as a substitute for all or a portion of one	25110
or more existing levies imposed under sections 5705.194 to	25111
5705.197 of the Revised Code or under this section, by levying a	25112
tax as follows:	25113

(1) In the initial year the levy is in effect, the levy shall	25114
be in a specified amount of money equal to the aggregate annual	25115
dollar amount of proceeds derived from the levy or levies, or	25116
portion thereof, being substituted.	25117

(2) In each subsequent year the levy is in effect, the levy	25118
shall be in a specified amount of money equal to the sum of the	25119
following:	25120

(a) The dollar amount of the proceeds derived from the levy	25121
in the prior year; and	25122

(b) The dollar amount equal to the product of the total	25123
taxable value of all taxable real property in the school district	25124
in the then-current year, excluding carryover property as defined	25125
in section 319.301 of the Revised Code, multiplied by the annual	25126
levy, expressed in mills for each one dollar of valuation, that	25127
was required to produce the annual dollar amount of the levy under	25128
this section in the prior year; provided, that the amount under	25129
division (A)(2)(b) of this section shall not be less than zero.	25130

(B) The resolution proposing the substitute levy shall	25131
specify the annual dollar amount the levy is to produce in its	25132
initial year; the first calendar year in which the levy will be	25133
due; and the term of the levy expressed in years, which may be	25134
any number not exceeding ten, or for a continuing period of	25135
time. The resolution shall specify the date of holding the	25136
election, which shall not be earlier than seventy-five days	25137
after certification of the resolution to the board of elections,	25138
and which shall be consistent with the requirements of section	25139
3501.01 of the Revised Code. If two or more existing levies are	25140
to be included in a single substitute levy, but are not	25141
scheduled to expire in the same year, the resolution shall	25142
specify that the existing levies to be substituted shall not be	25143
levied after the year preceding the year in which the substitute	25144
levy is first imposed.	25145

The resolution shall go into immediate effect upon its	25146
passage, and no publication of the resolution shall be necessary	25147
other than that provided for in the notice of election. A copy of	25148
the resolution shall immediately after its passage be certified to	25149
the county auditor in the manner provided by section 5705.195 of	25150
the Revised Code, and sections 5705.194 and 5705.196 of the	25151
Revised Code shall govern the arrangements for the submission of	25152
the question and other matters concerning the notice of election	25153
and the election, except as may be provided otherwise in this	25154
section.	25155

(C) The form of the ballot to be used at the election on the	25156
question of a levy under this section shall be as follows:	25157

"Shall a tax levy substituting for an existing levy be	25158
imposed by the .......... (here insert name of school district)	25159
for the purpose of providing for the necessary requirements of	25160
the school district in the initial sum of .......... (here insert	25161
the annual dollar amount the levy is to produce in its initial	25162
year), and a levy of taxes be made outside of the ten-mill	25163
limitation estimated by the county auditor to require ..........	25164
(here insert number of mills) mills for each one dollar of	25165
valuation, which amounts to .......... (here insert rate	25166
expressed in dollars and cents) for each one hundred dollars of	25167
valuation for the initial year of the tax, for a period of	25168
.......... (here insert the number of years the levy is to be	25169
imposed, or that it will be levied for a continuing period of	25170
time), commencing in .......... (first year the tax is to be	25171
levied), first due in calendar year .......... (first calendar	25172
year in which the tax shall be due), with the sum of such tax to	25173
increase only if and as new land or real property improvements	25174
not previously taxed by the school district are added to its tax	25175
list?	25176

25177

		FOR THE TAX LEVY			25178
		AGAINST THE TAX LEVY	"		25179

25180

If the levy submitted is a proposal to substitute all or a	25181
portion of more than one existing levy, the form of the ballot may	25182
be changed so long as the ballot reflects the number of levies to	25183
be substituted and that none of the existing levies to be	25184
substituted will be levied after the year preceding the year in	25185
which the substitute levy is first imposed. The form of the	25186
ballot shall be modified by substituting the statement "Shall a	25187
tax levy substituting for an existing levy" with "Shall a tax levy	25188
substituting for existing levies" and adding the following	25189
statement after "added to its tax list?" and before "For the Tax	25190
Levy":	25191

"If approved, any remaining tax years on any of the	25192
.......... (here insert the number of existing levies) existing	25193
levies will not be collected after .......... (here insert the	25194
current tax year or, if not the current tax year, the applicable	25195
tax year)."	25196

(D) The submission of questions to the electors under this	25197
section is subject to the limitation on the number of election	25198
dates established by section 5705.214 of the Revised Code.	25199

(E) If a majority of the electors voting on the question so	25200
submitted in an election vote in favor of the levy, the board of	25201
education may make the necessary levy within the school district	25202
at the rate and for the purpose stated in the resolution. The tax	25203
levy shall be included in the next tax budget that is certified to	25204
the county budget commission.	25205

(F) A levy for a continuing period of time may be decreased	25206
pursuant to section 5705.261 of the Revised Code.	25207

(G) A levy under this section substituting for all or a	25208
portion of one or more existing levies imposed under sections	25209
5705.194 to 5705.197 of the Revised Code or under this section	25210
shall be treated as having renewed the levy or levies being	25211
substituted for purposes of the payments made under sections	25212
5751.20 to 5751.22 of the Revised Code.	25213

(H) After the approval of a levy on the current tax list and	25214
duplicate, and prior to the time when the first tax collection	25215
from the levy can be made, the board of education may anticipate	25216
a fraction of the proceeds of the levy and issue anticipation	25217
notes in a principal amount not exceeding fifty per cent of the	25218
total estimated proceeds of the levy to be collected during the	25219
first year of the levy. The notes shall be issued as provided in	25220
section 133.24 of the Revised Code, shall have principal	25221
payments during each year after the year of their issuance over	25222
a period not to exceed five years, and may have a principal	25223
payment in the year of their issuance.	25224

Sec. 5705.214. Not more than three elections during any	25225
calendar year shall include the questions by a school district of	25226
tax levies proposed under any one or any combination of the	25227
following sections: sections 5705.194, 5705.199, 5705.21,	25228
5705.212, 5705.213, 5705.217, and 5705.218 of the Revised Code.	25229

Sec. 5705.29. This section does not apply to a subdivision or	25230
taxing unit for which the county budget commission has waived the	25231
requirement to adopt a tax budget pursuant to section 5705.281 of	25232
the Revised Code. The tax budget shall present the following	25233
information in such detail as is prescribed by the auditor of	25234
state:	25235

(A)(1) A statement of the necessary current operating	25236
expenses for the ensuing fiscal year for each department and	25237
division of the subdivision, classified as to personal services	25238
and other expenses, and the fund from which such expenditures are	25239
to be made. Except in the case of a school district, this estimate	25240
may include a contingent expense not designated for any particular	25241
purpose, and not to exceed three per cent of the total amount of	25242
appropriations for current expenses. In the case of a school	25243
district, this estimate may include a contingent expense not	25244
designated for any particular purpose and not to exceed thirteen	25245
per cent of the total amount of appropriations for current	25246
expenses.	25247

(2) A statement of the expenditures for the ensuing fiscal	25248
year necessary for permanent improvements, exclusive of any	25249
expense to be paid from bond issues, classified as to the	25250
improvements contemplated by the subdivision and the fund from	25251
which such expenditures are to be made;	25252

(3) The amounts required for the payment of final judgments;

25253

(4) A statement of expenditures for the ensuing fiscal year	25254
necessary for any purpose for which a special levy is authorized,	25255
and the fund from which such expenditures are to be made;	25256

(5) Comparative statements, so far as possible, in parallel	25257
columns of corresponding items of expenditures for the current	25258
fiscal year and the two preceding fiscal years.	25259

(B)(1) An estimate of receipts from other sources than the	25260
general property tax during the ensuing fiscal year, which shall	25261
include an estimate of unencumbered balances at the end of the	25262
current fiscal year, and the funds to which such estimated	25263
receipts are credited;	25264

(2) The amount each fund requires from the general property	25265
tax, which shall be the difference between the contemplated	25266
expenditure from the fund and the estimated receipts, as provided	25267
in this section. The section of the Revised Code under which the	25268
tax is authorized shall be set forth.	25269

(3) Comparative statements, so far as possible, in parallel	25270
columns of taxes and other revenues for the current fiscal year	25271
and the two preceding fiscal years.	25272

(C)(1) The amount required for debt charges;

25273

(2) The estimated receipts from sources other than the tax	25274
levy for payment of such debt charges, including the proceeds of	25275
refunding bonds to be issued to refund bonds maturing in the next	25276
succeeding fiscal year;	25277

(3) The net amount for which a tax levy shall be made,	25278
classified as to bonds authorized and issued prior to January 1,	25279
1922, and those authorized and issued subsequent to such date, and	25280
as to what portion of the levy will be within and what in excess	25281
of the ten-mill limitation.	25282

(D) An estimate of amounts from taxes authorized to be levied	25283
in excess of the ten-mill limitation on the tax rate, and the fund	25284
to which such amounts will be credited, together with the sections	25285
of the Revised Code under which each such tax is exempted from all	25286
limitations on the tax rate.	25287

(E)(1) A board of education may include in its budget for the	25288
fiscal year in which a levy proposed under section 5705.194,	25289
5705.199, 5705.21, or 5705.213, or the original levy under section	25290
5705.212 of the Revised Code is first extended on the tax list and	25291
duplicate an estimate of expenditures to be known as a voluntary	25292
contingency reserve balance, which shall not be greater than	25293
twenty-five per cent of the total amount of the levy estimated to	25294
be available for appropriation in such year.	25295

(2) A board of education may include in its budget for the	25296
fiscal year following the year in which a levy proposed under	25297
section 5705.194, 5705.199, 5705.21, or 5705.213, or the original	25298
levy under section 5705.212 of the Revised Code is first extended	25299
on the tax list and duplicate an estimate of expenditures to be	25300
known as a voluntary contingency reserve balance, which shall not	25301
be greater than twenty per cent of the amount of the levy	25302
estimated to be available for appropriation in such year.	25303

(3) Except as provided in division (E)(4) of this section,	25304
the full amount of any reserve balance the board includes in its	25305
budget shall be retained by the county auditor and county	25306
treasurer out of the first semiannual settlement of taxes until	25307
the beginning of the next succeeding fiscal year, and thereupon,	25308
with the depository interest apportioned thereto, it shall be	25309
turned over to the board of education, to be used for the purposes	25310
of such fiscal year.	25311

(4) A board of education, by a two-thirds vote of all members	25312
of the board, may appropriate any amount withheld as a voluntary	25313
contingency reserve balance during the fiscal year for any lawful	25314
purpose, provided that prior to such appropriation the board of	25315
education has authorized the expenditure of all amounts	25316
appropriated for contingencies under section 5705.40 of the	25317
Revised Code. Upon request by the board of education, the county	25318
auditor shall draw a warrant on the district's account in the	25319
county treasury payable to the district in the amount requested.	25320

(F)(1) A board of education may include a spending reserve in	25321
its budget for fiscal years ending on or before June 30, 2002. The	25322
spending reserve shall consist of an estimate of expenditures not	25323
to exceed the district's spending reserve balance. A district's	25324
spending reserve balance is the amount by which the designated	25325
percentage of the district's estimated personal property taxes to	25326
be settled during the calendar year in which the fiscal year ends	25327
exceeds the estimated amount of personal property taxes to be so	25328
settled and received by the district during that fiscal year.	25329
Moneys from a spending reserve shall be appropriated in accordance	25330
with section 133.301 of the Revised Code.	25331

(2) For the purposes of computing a school district's	25332
spending reserve balance for a fiscal year, the designated	25333
percentage shall be as follows:	25334

Fiscal year ending in:	Designated percentage	25335
1998	50%	25336
1999	40%	25337
2000	30%	25338
2001	20%	25339
2002	10%	25340

(G) Except as otherwise provided in this division, the county	25341
budget commission shall not reduce the taxing authority of a	25342
subdivision as a result of the creation of a reserve balance	25343
account. Except as otherwise provided in this division, the county	25344
budget commission shall not consider the amount in a reserve	25345
balance account of a township, county, or municipal corporation as	25346
an unencumbered balance or as revenue for the purposes of division	25347
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	25348
budget commission may require documentation of the reasonableness	25349
of the reserve balance held in any reserve balance account. The	25350
commission shall consider any amount in a reserve balance account	25351
that it determines to be unreasonable as unencumbered and as	25352
revenue for the purposes of ~~sections~~section 5747.51 of the	25353
Revised Code and may take such amounts into consideration when	25354
determining whether to reduce the taxing authority of a	25355
subdivision.	25356

Sec. 5709.121. (A) Real property and tangible personal	25357
property belonging to a charitable or educational institution or	25358
to the state or a political subdivision, shall be considered as	25359
used exclusively for charitable or public purposes by such	25360
institution, the state, or political subdivision, if it meets one	25361
of the following requirements:	25362

(1) It is used by such institution, the state, or political	25363
subdivision, or by one or more other such institutions, the state,	25364
or political subdivisions under a lease, sublease, or other	25365
contractual arrangement:	25366

(a) As a community or area center in which presentations in	25367
music, dramatics, the arts, and related fields are made in order	25368
to foster public interest and education therein;	25369

(b) For other charitable, educational, or public purposes.

25370

(2) It is made available under the direction or control of	25371
such institution, the state, or political subdivision for use in	25372
furtherance of or incidental to its charitable, educational, or	25373
public purposes and not with the view to profit.	25374

(3) It is used by an organization described in division (D)	25375
of section 5709.12 of the Revised Code. If the organization is a	25376
corporation that receives a grant under the Thomas Alva Edison	25377
grant program authorized by division (C) of section 122.33 of the	25378
Revised Code at any time during the tax year, "used," for the	25379
purposes of this division, includes holding property for lease or	25380
resale to others.	25381

(B)(1) Property described in division (A)(1)(a) of this	25382
section shall continue to be considered as used exclusively for	25383
charitable or public purposes even if the property is conveyed	25384
through one conveyance or a series of conveyances to an entity	25385
that is not a charitable or educational institution and is not the	25386
state or a political subdivision, provided that all of the	25387
following conditions apply with respect to that property:	25388

(a) The property has been listed as exempt on the county	25389
auditor's tax list and duplicate for the county in which it is	25390
located for the ten tax years immediately preceding the year in	25391
which the property is conveyed through one conveyance or a series	25392
of conveyances;	25393

(b) The owner to which the property is conveyed through one	25394
conveyance or a series of conveyances leases the property through	25395
one lease or a series of leases to the entity that owned or	25396
occupied the property for the ten tax years immediately preceding	25397
the year in which the property is conveyed or an affiliate of such	25398
prior owner or occupant;	25399

(c) The property includes improvements that are at least	25400
fifty years old;	25401

(d) The property is being renovated in connection with a	25402
claim for historic preservation tax credits available under	25403
federal law;	25404

(e) The property continues to be used for the purposes	25405
described in division (A)(1)(a) of this section after its	25406
conveyance; and	25407

(f) The property is certified by the United States secretary	25408
of the interior as a "certified historic structure" or certified	25409
as part of a certified historic structure.	25410

(2) Notwithstanding section 5715.27 of the Revised Code, an	25411
application for exemption from taxation of property described in	25412
division (B)(1) of this section may be filed by either the owner	25413
of the property or its occupant.	25414

(C) For purposes of this section, an institution is a	25415
charitable institution if the institution is a nonprofit	25416
corporation or association, no part of the net earnings of which	25417
inures to the benefit of any private shareholder or individual, is	25418
exempt from federal income taxation under section 501(a) of the	25419
Internal Revenue Code, the majority of the institution's board of	25420
directors are appointed by the mayor or legislative authority of a	25421
municipal corporation or a board of county commissioners, or a	25422
combination thereof, and the primary purpose of the institution is	25423
to assist in the development and revitalization of downtown urban	25424
areas.	25425

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	25426
Revised Code:	25427

(A) "Tax certificate," "certificate," or "duplicate	25428
certificate" means a document that may be issued as a physical	25429
certificate, in book-entry form, or through an electronic medium,	25430
at the discretion of the county treasurer. Such document shall	25431
contain the information required by section 5721.31 of the Revised	25432
Code and shall be prepared, transferred, or redeemed in the manner	25433
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	25434
used in those sections, "tax certificate," "certificate," and	25435
"duplicate certificate" do not refer to the delinquent land tax	25436
certificate or the delinquent vacant land tax certificate issued	25437
under section 5721.13 of the Revised Code.	25438

(B) "Certificate parcel" means the parcel of delinquent land	25439
that is the subject of and is described in a tax certificate.	25440

(C) "Certificate holder" means a person who purchases a tax	25441
certificate under section 5721.32, 5721.33, or 5721.42 of the	25442
Revised Code, or a person to whom a tax certificate has been	25443
transferred pursuant to section 5721.36 of the Revised Code.	25444

(D) "Certificate purchase price" means, with respect to the	25445
sale of tax certificates under sections 5721.32, 5721.33, and	25446
5721.42 of the Revised Code, the amount equal to delinquent taxes,	25447
~~assessments, penalties, and interest computed under section~~	25448
~~323.121 of the Revised Code~~ charged against a certificate parcel	25449
at the time the tax certificate respecting that parcel is sold,	25450
not including any delinquent taxes~~, assessments, penalties,~~	25451
~~interest, and charges,~~ the lien for which has been conveyed to a	25452
certificate holder through a prior sale of a tax certificate	25453
respecting that parcel~~; provided, however, that payment~~. Payment	25454
of the certificate purchase price in a sale under section 5721.33	25455
of the Revised Code may be made wholly in cash or partially in	25456
cash and partially by noncash consideration acceptable to the	25457
county treasurer from the purchaser. In the event that any such	25458
noncash consideration is delivered to pay a portion of the	25459
certificate purchase price, such noncash consideration may be	25460
subordinate to the rights of the holders of other obligations	25461
whose proceeds paid the cash portion of the certificate purchase	25462
price.	25463

"Certificate purchase price" also includes the amount of the	25464
fee charged by the county treasurer to the purchaser of the	25465
certificate under division (H) of section 5721.32 of the Revised	25466
Code.	25467

(E)(1) With respect to a sale of tax certificates under	25468
section 5721.32 of the Revised Code, and except as provided in	25469
division (E)(2) of this section, ~~both of the following apply:~~	25470

~~(1) "Certificate~~"certificate redemption price" means the	25471
certificate purchase price plus the greater of the following:	25472

(a) ~~Interest~~Simple interest, at the certificate rate of	25473
interest, accruing during the certificate interest period on the	25474
certificate purchase price, calculated in accordance with section	25475
5721.41 of the Revised Code;	25476

(b) Six per cent of the certificate purchase price.

25477

(2) If the certificate rate of interest equals zero, the	25478
certificate redemption price equals the certificate purchase price	25479
plus the fee charged by the county treasurer to the purchaser of	25480
the certificate under division (H) of section 5721.32 of the	25481
Revised Code.	25482

(F) With respect to a sale of tax certificates under section	25483
5721.33 of the Revised Code, "certificate redemption price" means	25484
the amount equal to the sum of the following:	25485

(1) The certificate purchase price;

25486

(2) Interest accrued on the certificate purchase price at the	25487
certificate rate of interest from the date on which a tax	25488
certificate is delivered through and including the day immediately	25489
preceding the day on which the certificate redemption price is	25490
paid;	25491

(3) The fee, if any, charged by the county treasurer to the	25492
purchaser of the certificate under division (J) of section 5721.33	25493
of the Revised Code;	25494

(4) Any other fees charged by any county office in connection	25495
with the recording of tax certificates.	25496

(G) "Certificate rate of interest" means the rate of simple	25497
interest per year bid by the winning bidder in an auction of a tax	25498
certificate held under section 5721.32 of the Revised Code, or the	25499
rate of simple interest per year not to exceed eighteen per cent	25500
per year fixed pursuant to section 5721.42 of the Revised Code or	25501
by the county treasurer with respect to any tax certificate sold	25502
pursuant to a negotiated sale under section 5721.33 of the Revised	25503
Code. The certificate rate of interest shall not be less than zero	25504
per cent per year.	25505

(H) "Cash" means United States currency, certified checks,	25506
money orders, bank drafts, or electronic transfer of funds, or	25507
other forms of payment authorized by the county treasurer, and	25508
excludes any other form of payment not so authorized.	25509

(I) "The date on which a tax certificate is sold," "the date	25510
the certificate was sold," "the date the certificate is	25511
purchased," and any other phrase of similar content mean, with	25512
respect to a sale pursuant to an auction under section 5721.32 of	25513
the Revised Code, the date designated by the county treasurer for	25514
the submission of bids and, with respect to a negotiated sale	25515
under section 5721.33 of the Revised Code, the date of delivery of	25516
the tax certificates to the purchasers thereof pursuant to a tax	25517
certificate sale/purchase agreement.	25518

(J) ~~"Purchaser of a tax certificate pursuant to section~~	25519
~~5721.32 of the Revised Code" means the winning bidder in an~~	25520
~~auction of a tax certificate held under section 5721.32 of the~~	25521
~~Revised Code.~~	25522

~~(K)~~ "Certificate interest period" means, with respect to a	25523
tax certificate sold under section 5721.32 or 5721.42 of the	25524
Revised Code and for the purpose of accruing interest under	25525
section 5721.41 of the Revised Code, the period beginning on the	25526
date on which the certificate is purchased and, with respect to a	25527
tax certificate sold under section 5721.33 of the Revised Code,	25528
the period beginning on the date of delivery of the tax	25529
certificate, and in either case ending on one of the following	25530
dates:	25531

(1) ~~In the case of foreclosure proceedings instituted under~~	25532
~~section 5721.37 of the Revised Code, the date the certificate~~	25533
~~holder submits a payment to the treasurer under division (B) of~~	25534
~~that section~~The date the certificate holder files a request for	25535
foreclosure or notice of intent to foreclose under division (A)	25536
of section 5721.37 of the Revised Code and submits the payment	25537
required under division (B) of that section;	25538

(2) ~~In the case of a certificate parcel redeemed under~~	25539
~~division (A) or (C) of section 5721.38 of the Revised Code, the~~	25540
The date the owner of record of the certificate parcel, or any	25541
other person entitled to redeem that parcel, ~~pays to the county~~	25542
~~treasurer or to the certificate holder, as applicable, the full~~	25543
~~amount determined under that section~~redeems the certificate	25544
parcel under division (A) or (C) of section 5721.38 of the Revised	25545
Code or redeems the certificate under section 5721.381 of the	25546
Revised Code.	25547

~~(L) "County treasurer" means, with respect to the sale of tax~~	25548
~~certificates under section 5721.32, or 5721.33 of the Revised~~	25549
~~Code, the county treasurer of a county having a population of at~~	25550
~~least two hundred thousand according to the then most recent~~	25551
~~federal decennial census.~~	25552

~~(M)~~(K) "Qualified trustee" means a trust company within the	25553
state or a bank having the power of a trust company within the	25554
state with a combined capital stock, surplus, and undivided	25555
profits of at least one hundred million dollars.	25556

~~(N)~~(L) "Tax certificate sale/purchase agreement" means the	25557
purchase and sale agreement described in division (C) of section	25558
5721.33 of the Revised Code setting forth the certificate purchase	25559
price, plus any applicable premium or less any applicable	25560
discount, including, without limitation, the amount to be paid in	25561
cash and the amount and nature of any noncash consideration, the	25562
date of delivery of the tax certificates, and the other terms and	25563
conditions of the sale, including, without limitation, the rate of	25564
interest that the tax certificates shall bear.	25565

~~(O)~~(M) "Noncash consideration" means any form of	25566
consideration other than cash, including, but not limited to,	25567
promissory notes whether subordinate or otherwise.	25568

~~(P)~~(N) "Private attorney" means ~~for purposes of section~~	25569
~~5721.37 of the Revised Code,~~ any attorney licensed to practice law	25570
in this state~~, whether practicing with a firm of attorneys or~~	25571
~~otherwise,~~ whose license has not been revoked ~~or otherwise~~and is	25572
not currently suspended, and who ~~brings~~is retained to bring	25573
foreclosure proceedings pursuant to section 5721.37 of the Revised	25574
Code on behalf of a certificate holder.	25575

~~(Q)~~(O) "Related certificate parcel" means, with respect to a	25576
certificate holder, the certificate parcel with respect to which	25577
the certificate holder has purchased and holds a tax certificate	25578
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	25579
with respect to a tax certificate, the certificate parcel against	25580
which the tax certificate has been sold pursuant to those	25581
sections.	25582

(P) "Delinquent taxes" means delinquent taxes as defined in	25583
section 323.01 of the Revised Code and includes assessments and	25584
charges, and penalties and interest computed under section 323.121	25585
of the Revised Code.	25586

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	25587
delinquent land list compiled under section 5721.011 of the	25588
Revised Code, or a delinquent land list compiled previously under	25589
that section, ~~for a county having a population of at least two~~	25590
~~hundred thousand according to the most recent federal decennial~~	25591
~~census,~~ the county treasurer may select from the list parcels of	25592
delinquent land the lien against which the county treasurer may	25593
attempt to transfer by the sale of tax certificates under sections	25594
5721.30 to 5721.43 of the Revised Code. ~~The county treasurer may~~	25595
~~select only those eligible parcels~~None of the following parcels	25596
may be selected for a tax certificate sale:	25597

(a) A parcel for which the full amount of taxes, assessments,	25598
penalties, interest, and charges have ~~not yet~~ been paid or;	25599

(b) A parcel for which a valid ~~delinquent tax~~ contract under	25600
section 323.122, 323.31, or 5713.20 of the Revised Code is ~~not~~ in	25601
force;	25602

(c) A parcel the owner of which has filed a petition in	25603
bankruptcy, so long as the parcel is property of the bankruptcy	25604
estate. ~~Each certificate shall contain the same information as~~	25605
~~is required to be contained in the delinquent land list. The~~	25606

(2) The county treasurer shall compile a separate list~~, the~~	25607
~~list~~ of parcels selected for tax certificate sales, including the	25608
same information as is required to be included in the delinquent	25609
land list.	25610

Upon compiling the list of parcels selected for tax	25611
certificate sales, the county treasurer may conduct a title search	25612
for any parcel on the list.	25613

(B)(1) Except as otherwise provided in division (B)(3) of	25614
this section, when tax certificates are to be sold under section	25615
5721.32 of the Revised Code with respect to parcels, the county	25616
treasurer shall send written notice by certified ~~or registered~~	25617
mail to either the owner of record or all interested parties	25618
discoverable through a title search, or both, of each parcel on	25619
the list. A notice to an owner shall be sent to the owner's last	25620
known tax-mailing address. The notice shall inform the owner or	25621
interested parties that a tax certificate will be offered for sale	25622
on the parcel, and that the owner or interested parties may incur	25623
additional expenses as a result of the sale.	25624

(2) Except as otherwise provided in division (B)(3) of this	25625
section, when tax certificates are to be sold under section	25626
5721.33 of the Revised Code with respect to parcels, the county	25627
treasurer, at least thirty days prior to the date of sale of such	25628
tax certificates, shall send written notice of the sale by	25629
certified ~~or registered~~ mail~~, or both,~~ to the last known	25630
tax-mailing address of the record owner of the property or parcel	25631
and may send such notice to all parties with an interest in the	25632
property that has been recorded in the property records of the	25633
county pursuant to section 317.08 of the Revised Code. The notice	25634
shall state that a tax certificate will be offered for sale on the	25635
parcel, and that the owner or interested parties may incur	25636
additional expenses as a result of the sale.	25637

(3) The county treasurer is not required to send a notice	25638
under division (B)(1) or (B)(2) of this section if the treasurer	25639
previously has attempted to send such notice to the owner of the	25640
parcel and the notice has been returned by the post office as	25641
undeliverable. The absence of a valid tax-mailing address for the	25642
owner of a parcel does not preclude the county treasurer from	25643
selling a tax certificate for the parcel.	25644

(C) The county treasurer shall advertise the sale of tax	25645
certificates under section 5721.32 of the Revised Code in a	25646
newspaper of general circulation in the county, once a week for	25647
two consecutive weeks. The advertisement shall include the date,	25648
the time, and the place of the public auction, abbreviated legal	25649
descriptions of the parcels, and the names of the owners of record	25650
of the parcels. The advertisement also shall include the	25651
certificate purchase prices of the parcels or the total purchase	25652
price of tax certificates for sale in blocks of tax certificates.	25653

(D) After the county treasurer has compiled the list of	25654
parcels selected for tax certificate sales but before a tax	25655
certificate respecting a parcel is sold, if the owner of record of	25656
the parcel pays to the county treasurer in cash the ~~full amount of~~	25657
~~delinquent taxes, assessments, penalties, interest, and charges~~	25658
~~then due and payable or enters into a valid delinquent tax~~	25659
~~contract under section 323.31 of the Revised Code to pay that~~	25660
~~amount~~delinquent taxes respecting the parcel or otherwise acts so	25661
that any condition in division (A)(1)(a), (b), or (c) of this	25662
section applies to the parcel, the owner of record of the parcel	25663
also shall pay a fee in an amount prescribed by the treasurer to	25664
cover the administrative costs of the treasurer under this	25665
section respecting the parcel ~~and credited~~. The fee shall be	25666
deposited in the county treasury to the credit of the tax	25667
certificate administration fund.	25668

(E) A tax certificate administration fund shall be created in	25669
the county treasury of each county selling tax certificates under	25670
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	25671
administered by the county treasurer, and used solely for the	25672
purposes of sections 5721.30 to 5721.43 of the Revised Code. Any	25673
fee received by the treasurer under sections 5721.30 to 5721.43 of	25674
the Revised Code shall be credited to the fund, except the bidder	25675
registration fee under division (B) of section 5721.32 of the	25676
Revised Code and the county prosecuting attorney's fee under	25677
division (B)(3) of section 5721.37 of the Revised Code.	25678

(F) The county treasurers of more than one county may jointly	25679
conduct a regional sale of tax certificates under section 5721.32	25680
of the Revised Code. A regional sale shall be held at a single	25681
location in one county, where the tax certificates from each of	25682
the participating counties shall be offered for sale at public	25683
auction. Before the regional sale, each county treasurer shall	25684
advertise the sale for the parcels in the treasurer's county as	25685
required by division (C) of this section. At the regional sale,	25686
tax certificates shall be sold on parcels from one county at a	25687
time, with all of the certificates for one county offered for sale	25688
before any certificates for the next county are offered for sale.	25689

(G) The tax commissioner shall prescribe the form of the tax	25690
certificate under this section, and county treasurers shall use	25691
the form so prescribed ~~by the commissioner~~.	25692

Sec. 5721.32. (A) The sale of tax certificates by public	25693
auction may be conducted at any time after completion of the	25694
advertising of the sale under section 5721.31 of the Revised Code,	25695
on the date and at the time and place designated in the	25696
advertisements, and may be continued from time to time as the	25697
county treasurer directs. The county treasurer may offer the tax	25698
certificates for sale in blocks of tax certificates, consisting of	25699
any number of tax certificates as determined by the county	25700
treasurer.	25701

(B)(1) The sale of tax certificates under this section shall	25702
be conducted at a public auction by the county treasurer or a	25703
designee of the county treasurer.	25704

(2) No person shall be permitted to bid without completing a	25705
bidder registration form, in the form prescribed by the tax	25706
commissioner, and without filing the form with the county	25707
treasurer prior to the start of the auction, together with	25708
remittance of a registration fee, in cash, of five hundred	25709
dollars. The bidder registration form shall include a tax	25710
identification number of the registrant. The registration fee is	25711
refundable at the end of bidding on the day of the auction, unless	25712
the registrant is the winning bidder for one or more tax	25713
certificates or one or more blocks of tax certificates, in which	25714
case the fee may be applied toward the deposit required by this	25715
section.	25716

(3) The county treasurer may require a person who wishes to	25717
bid on one or more parcels to submit a letter from a financial	25718
institution stating that the bidder has sufficient funds available	25719
to pay the purchase price of the parcels and a written	25720
authorization for the treasurer to verify such information with	25721
the financial institution. The county treasurer may require	25722
submission of the letter and authorization sufficiently in advance	25723
of the auction to allow for verification. No person who fails to	25724
submit the required letter and authorization, or whose financial	25725
institution fails to provide the requested verification, shall be	25726
permitted to bid.	25727

(C) At the public auction, the county treasurer or the	25728
treasurer's designee or agent shall begin the bidding at eighteen	25729
per cent per year simple interest, and accept lower bids in even	25730
increments of one-fourth of one per cent to the rate of zero per	25731
cent. The county treasurer, designee, or agent shall award the tax	25732
certificate to the person bidding the lowest certificate rate of	25733
interest. The county treasurer shall decide which person is the	25734
winning bidder in the event of a tie for the lowest bid offered,	25735
or if a person contests the lowest bid offered. The county	25736
treasurer's decision is not appealable.	25737

(D)(1) The winning bidder shall pay the county treasurer a	25738
cash deposit of at least ten per cent of the certificate purchase	25739
price not later than the close of business on the day of the sale.	25740
The winning bidder shall pay the balance and the fee required	25741
under division (H) of this section not later than five business	25742
days after the day on which the certificate is sold. IfExcept as	25743
provided under division (D)(2) of this section, if the winning	25744
bidder fails to pay the balance and fee within the prescribed	25745
time, the bidder forfeits the deposit, and the county treasurer	25746
shall retain the tax certificate and may attempt to sell it at any	25747
auction conducted at a later date. ~~The~~	25748

(2) At the request of a winning bidder, the county treasurer	25749
may release the bidder from the bidder's tax certificate purchase	25750
obligation. The county treasurer may retain all or any portion of	25751
the deposit of a bidder granted a release. After granting a	25752
release under this division, the county treasurer may award the	25753
tax certificate to the person that submitted the second lowest bid	25754
at the auction.	25755

(3) The county treasurer shall deposit the ~~forfeited~~ deposit	25756
forfeited or retained under divisions (D)(1) or (2) of this	25757
section in the county treasury to the credit of the tax	25758
certificate administration fund.	25759

(E) Upon receipt of the full payment of the certificate	25760
purchase price from the purchaser, the county treasurer shall	25761
issue the tax certificate and record the tax certificate sale by	25762
~~marking on the tax certificate and~~entering into a tax certificate	25763
register, the certificate purchase price, the certificate rate of	25764
interest, the date the certificate was sold, ~~and~~ the name and	25765
address of the certificate holder, ~~which~~and any other information	25766
the county treasurer considers necessary. The county treasurer may	25767
keep the tax certificate register in a hard-copy format or in an	25768
electronic format. The name and address of the certificate holder	25769
may be, upon receipt of instructions from the purchaser, that of	25770
the secured party of the actual purchaser, or an agent or	25771
custodian for the purchaser or secured party. The county treasurer	25772
also shall transfer the tax certificate to the certificate holder	25773
~~and, upon presentation to the treasurer of instructions signed by~~	25774
~~the certificate purchaser, shall record in the tax certificate~~	25775
~~register the name and address of any secured party of the~~	25776
~~certificate purchaser having a security interest in the tax~~	25777
~~certificate. Upon the transfer of a tax certificate, the~~. The	25778
county treasurer shall apportion the part of the proceeds from the	25779
sale representing taxes, penalties, and interest among the several	25780
taxing districts in the same proportion that the amount of taxes	25781
levied by each district against the certificate parcel in the	25782
preceding tax year bears to the taxes levied by all such districts	25783
against the certificate parcel in the preceding tax year, and	25784
credit the part of the proceeds representing assessments and other	25785
charges to the items of assessments and charges in the order in	25786
which those items became due. Upon ~~completion of the sale of~~	25787
issuing a tax certificate, the delinquent taxes~~, assessments,~~	25788
~~penalties, and interest~~ that make up the certificate purchase	25789
price are transferred, and the superior lien of the state and its	25790
taxing districts for those delinquent taxes~~, assessments,~~	25791
~~penalties, and interest~~ is conveyed intact to the certificate	25792
holder.	25793

(F) If a tax certificate is offered for sale under this	25794
section but is not sold, the county treasurer may strike the	25795
corresponding certificate parcel from the list of parcels selected	25796
for tax certificate sales. The lien for taxes, assessments,	25797
charges, penalties, and interest against a parcel stricken from	25798
the list thereafter may be foreclosed in the manner prescribed by	25799
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	25800
prior to the institution of such proceedings against the parcel,	25801
the county treasurer restores the parcel to the list of parcels	25802
selected for tax certificate sales.	25803

(G) A certificate holder shall not be liable for damages	25804
arising from a violation of sections 3737.87 to 3737.891 or	25805
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	25806
6111. of the Revised Code, or a rule adopted or order, permit,	25807
license, variance, or plan approval issued under any of those	25808
chapters, that is or was committed by another person in connection	25809
with the parcel for which the tax certificate is held.	25810

(H) When selling a tax certificate under this section, the	25811
county treasurer shall charge a fee to the purchaser of the	25812
certificate. The county treasurer shall set the fee at a	25813
reasonable amount that covers the treasurer's costs of	25814
administering the sale of the tax certificate. The county	25815
treasurer shall deposit the fee in the county treasury to the	25816
credit of the tax certificate administration fund.	25817

(I) After selling a tax certificate under this section, the	25818
county treasurer shall send written notice by certified or	25819
~~registered~~ mail to the owner of the certificate parcel at the	25820
owner's last known tax-mailing address. The notice shall inform	25821
the owner that the tax certificate was sold, shall describe the	25822
owner's options to redeem the parcel, including entering into a	25823
redemption payment plan under division (C)(1) of section 5721.38	25824
of the Revised Code, and shall name the certificate holder and its	25825
secured party, if any. However, the county treasurer is not	25826
required to send a notice under this division if the treasurer	25827
previously has attempted to send a notice to the owner of the	25828
parcel at the owner's last known tax-mailing address, and the	25829
postal service has returned the notice as undeliverable.	25830

(J) A tax certificate shall not be sold to the owner of the	25831
certificate parcel.	25832

Sec. 5721.33. (A) A county treasurer may, in the treasurer's	25833
discretion, negotiate the sale of any number of tax certificates	25834
with one or more persons~~, including~~. Terms that may be negotiated	25835
include, without limitation, any of the following:	25836

(1) A premium to be added to or discount to be subtracted	25837
from the certificate purchase price for the tax certificates ~~and~~	25838
~~any~~;	25839

(2) Different time frames under which the certificate holder	25840
may initiate a foreclosure action than are otherwise allowed under	25841
sections 5721.30 to 5721.43 of the Revised Code, not to exceed six	25842
years after the date the tax certificate was sold;	25843

(3) The amount to be paid in private attorney's fees related	25844
to tax certificate foreclosures, subject to section 5721.371 of	25845
the Revised Code;	25846

(4) Any other terms of the sale that the county treasurer, in	25847
the treasurer's discretion, determines appropriate or necessary	25848
for the sale.	25849

(B) The sale of tax certificates under this section shall be	25850
governed by the criteria established by the county treasurer	25851
pursuant to division (E) of this section.	25852

(C) The county treasurer may execute a tax certificate	25853
sale/purchase agreement and other necessary agreements with a	25854
designated purchaser or purchasers to complete a negotiated sale	25855
of tax certificates.	25856

(D) The tax certificate may be sold at a premium to or	25857
discount from the certificate purchase price. The county treasurer	25858
may establish as one of the terms of the negotiated sale the	25859
portion of the certificate purchase price, plus any applicable	25860
premium or less any applicable discount, that the purchaser or	25861
purchasers shall pay in cash on the date the tax certificates are	25862
sold and the portion, if any, of the certificate purchase price,	25863
plus any applicable premium or less any applicable discount, that	25864
the purchaser or purchasers shall pay in noncash consideration and	25865
the nature of that consideration.	25866

The county treasurer shall sell such tax certificates at a	25867
certificate purchase price, plus any applicable premium and less	25868
any applicable discount, and at a certificate rate of interest	25869
that, in the treasurer's determination, are in the best interests	25870
of the county.	25871

(E)(1) The county treasurer shall adopt rules governing the	25872
eligibility of persons to purchase tax certificates or to	25873
otherwise participate in a negotiated sale under this section. The	25874
rules may provide for precertification of such persons, including	25875
a requirement for disclosure of income, assets, and any other	25876
financial information the county treasurer determines appropriate.	25877
The rules also may prohibit any person that is delinquent in the	25878
payment of any tax to the county or to the state, or that is in	25879
default in or on any other obligation to the county or to the	25880
state, from purchasing a tax certificate or otherwise	25881
participating in a negotiated sale of tax certificates under this	25882
section. The eligibility information required shall include the	25883
tax identification number of the purchaser and may include the tax	25884
identification number of the participant. The county treasurer,	25885
upon request, shall provide a copy of the rules adopted under this	25886
section.	25887

(2) Any person that intends to purchase a tax certificate in	25888
a negotiated sale shall submit an affidavit to the county	25889
treasurer that establishes compliance with the applicable	25890
eligibility criteria and includes any other information required	25891
by the treasurer. Any person that fails to submit such an	25892
affidavit is ineligible to purchase a tax certificate. Any person	25893
that knowingly submits a false or misleading affidavit shall	25894
forfeit any tax certificate or certificates purchased by the	25895
person at a sale for which the affidavit was submitted, shall be	25896
liable for payment of the full certificate purchase price, plus	25897
any applicable premium and less any applicable discount, of the	25898
tax certificate or certificates, and shall be disqualified from	25899
participating in any tax certificate sale conducted in the county	25900
during the next five years.	25901

(3) A tax certificate shall not be sold to the owner of the	25902
certificate parcel or to any corporation, partnership, or	25903
association in which such owner has an interest. No person that	25904
purchases a tax certificate in a negotiated sale shall assign or	25905
transfer the tax certificate to the owner of the certificate	25906
parcel or to any corporation, partnership, or association in which	25907
the owner has an interest. Any person that knowingly or	25908
negligently transfers or assigns a tax certificate to the owner of	25909
the certificate parcel or to any corporation, partnership, or	25910
association in which such owner has an interest shall be liable	25911
for payment of the full certificate purchase price, plus any	25912
applicable premium and less any applicable discount, and shall not	25913
be entitled to a refund of any amount paid. Such tax certificate	25914
shall be deemed void and the tax lien sold under the tax	25915
certificate shall revert to the county as if no sale of the tax	25916
certificate had occurred.	25917

(F) The purchaser in a negotiated sale under this section	25918
shall deliver the certificate purchase price, plus any applicable	25919
premium and less any applicable discount and including any noncash	25920
consideration, to the county treasurer not later than the close of	25921
business on the date the tax certificates are delivered to the	25922
purchaser. The certificate purchase price, ~~plus any applicable~~	25923
~~premium and~~ less any applicable discount, or portion of the price,	25924
that is paid in cash shall be deposited in the county's general	25925
fund to the credit of the account to which ad valorem real	25926
property taxes are credited and further credited as provided in	25927
division (G) of this section. Any applicable premium that is paid	25928
shall be, at the discretion of the county treasurer, apportioned	25929
to and deposited in any authorized county fund. The purchaser also	25930
shall pay on the date the tax certificates are delivered to the	25931
purchaser the fee, if any, negotiated under division (J) of this	25932
section. If the purchaser fails to pay the certificate purchase	25933
price, plus any applicable premium and less any applicable	25934
discount, and any such fee, within the time periods required by	25935
this section, the county treasurer shall retain the tax	25936
certificate and may attempt to sell it at any auction or	25937
negotiated sale conducted at a later date.	25938

(G) Upon receipt of the full payment from the purchaser of	25939
the certificate purchase price, plus any applicable premium and	25940
less any applicable discount, and the negotiated fee, if any, ~~from~~	25941
~~the purchaser,~~ the county treasurer, or a qualified trustee whom	25942
the treasurer has engaged for such purpose, shall issue the tax	25943
certificate and record the tax certificate sale by ~~marking on each~~	25944
~~of the tax certificates sold or, if issued in book-entry form, on~~	25945
~~the global tax certificate, and marking~~entering into a tax	25946
certificate register, the certificate purchase price, any premium	25947
paid or discount taken, the certificate rate of interest, the date	25948
the certificates were sold, ~~and~~ the name and address of the	25949
certificate holder or, in the case of issuance of the tax	25950
certificates in a book-entry system, the name and address of the	25951
nominee, ~~which~~and any other information the county treasurer	25952
considers necessary. The county treasurer may keep the tax	25953
certificate register in a hard-copy format or an electronic	25954
format. The name and address of the certificate holder or nominee	25955
may be, upon receipt of instructions from the purchaser, that of	25956
the secured party of the actual purchaser, or an agent or	25957
custodian for the purchaser or secured party. The county treasurer	25958
also shall transfer the tax certificates to the certificate holder	25959
~~and, upon presentation to the treasurer of instructions signed by~~	25960
~~the certificate purchaser or purchasers, shall record in the tax~~	25961
~~certificate register the name and address of any secured party of~~	25962
~~the certificate purchaser or purchasers having a security interest~~	25963
~~in the tax certificate. Upon the transfer of the tax certificates,~~	25964
~~the~~. The county treasurer shall apportion the part of the cash	25965
proceeds from the sale representing taxes, penalties, and interest	25966
among the several taxing districts in the same proportion that the	25967
amount of taxes levied by each district against the certificate	25968
parcels in the preceding tax year bears to the taxes levied by all	25969
such districts against the certificate parcels in the preceding	25970
tax year, and credit the part of the proceeds representing	25971
assessments and other charges to the items of assessments and	25972
charges in the order in which those items became due. If the cash	25973
proceeds from the sale are not sufficient to fully satisfy the	25974
items of ~~outstanding delinquent~~ taxes, assessments, penalties,	25975
interest, and charges on the certificate parcels against which tax	25976
certificates were sold, the county treasurer shall credit the cash	25977
proceeds to such items pro rata based upon the proportion that	25978
each item of ~~delinquent~~ taxes, assessments, penalties, interest,	25979
and charges bears to the aggregate of all such items, or by any	25980
other method that the county treasurer, in the treasurer's sole	25981
discretion, determines is equitable. Upon ~~completion of the sale~~	25982
ofissuing the tax certificates, the delinquent taxes,	25983
~~assessments, penalties, and interest~~ that make up the certificate	25984
purchase price are transferred, and the superior lien of the	25985
state and its taxing districts for those delinquent taxes,	25986
~~assessments, penalties, and interest~~ is conveyed intact to the	25987
certificate holder or holders.	25988

(H) If a tax certificate is offered for sale under this	25989
section but is not sold, the county treasurer may strike the	25990
corresponding certificate parcel from the list of parcels selected	25991
for tax certificate sales. The lien for taxes, assessments,	25992
charges, penalties, and interest against a parcel stricken from	25993
the list thereafter may be foreclosed in the manner prescribed by	25994
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	25995
prior to the institution of such proceedings against the parcel,	25996
the county treasurer restores the parcel to the list of parcels	25997
selected for tax certificate sales.	25998

(I) Neither a certificate holder nor its secured party, if	25999
any, shall be liable for damages arising from a violation of	26000
sections 3737.87 to 3737.891 or Chapter 3704., 3734., 3745.,	26001
3746., 3750., 3751., 3752., 6109., or 6111. of the Revised Code,	26002
or a rule adopted or order, permit, license, variance, or plan	26003
approval issued under any of those chapters, that is or was	26004
committed by another person in connection with the parcel for	26005
which the tax certificate is held.	26006

(J) When selling a tax certificate under this section, the	26007
county treasurer may negotiate with the purchaser of the	26008
certificate for ~~a fee~~fees paid by the purchaser to the county	26009
treasurer to reimburse the treasurer for any part or all of the	26010
treasurer's costs of preparing for and administering the sale of	26011
the tax certificate and any fees set forth by the county treasurer	26012
in the tax certificate sale/purchase agreement. Such ~~fee~~fees, if	26013
any, shall be added to the certificate purchase price ~~of the~~	26014
~~certificate~~ and shall be paid by the purchaser on the date of	26015
delivery of the tax certificate. The county treasurer shall	26016
deposit the ~~fee~~fees in the county treasury to the credit of the	26017
tax certificate administration fund.	26018

(K) After selling tax certificates under this section, the	26019
county treasurer shall send written notice by certified or	26020
~~registered~~ mail to the last known tax-mailing address of the owner	26021
of the certificate parcel. The notice shall inform the owner that	26022
a tax certificate with respect to such owner's parcel was sold and	26023
shall describe the owner's options to redeem the parcel, including	26024
entering into a redemption payment plan under division (C)(2) of	26025
section 5721.38 of the Revised Code. However, the county treasurer	26026
is not required to send a notice under this division if the	26027
treasurer previously has attempted to send a notice to the owner	26028
of the parcel at the owner's last known tax-mailing address and	26029
the postal service has returned the notice as undeliverable.	26030

Sec. 5721.34. (A) A county treasurer shall not sell any tax	26031
certificate respecting a parcel of delinquent land ~~upon which the~~	26032
~~full amount of delinquent taxes, assessments, penalties, interest,~~	26033
~~charges, and costs then due and payable have been paid, or with~~	26034
~~respect~~ to which ~~a valid delinquent tax contract under~~any of	26035
divisions (A)(1)(a) to (c) of section ~~323.31~~5721.31 of the	26036
Revised Code ~~to pay that amount has been entered into, prior to~~	26037
~~the sale of the certificate by the county treasurer~~apply. A	26038
certificate sold in violation of this section is void.	26039

(B) If the county treasurer discovers or determines that ~~the~~	26040
a certificate is void ~~under division (A) of this section~~for any	26041
reason, the holder of the void certificate is entitled to a refund	26042
of the certificate purchase price, plus any applicable premium and	26043
less any applicable discount, and the fee charged by the treasurer	26044
under division (H) of section 5721.32 or division (J) of section	26045
5721.33 of the Revised Code, if any, as applicable. If the county	26046
treasurer makes the discovery or determination more than ~~sixty~~	26047
ninety days after the certificate's date of sale, the holder also	26048
is entitled to interest on the certificate purchase price at the	26049
rate of five per cent per year. The interest shall be calculated	26050
from the first day of the month following the month in which the	26051
certificate was sold, to the first day of the month in which the	26052
county treasurer makes the discovery or determination. The county	26053
treasurer shall notify the certificate holder by ordinary first	26054
class or certified mail or by binary means that the certificate is	26055
void and shall issue the refund. The county auditor shall issue a	26056
warrant for the portion of the refund from the undivided tax fund,	26057
which portion consists of the certificate purchase price, plus	26058
any applicable premium and less any applicable discount; the	26059
portion of the refund consisting of interest and the treasurer's	26060
fee, if any, shall be paid from the tax certificate administration	26061
fund.	26062

(C) With respect to a tax certificate ~~sold under section~~	26063
~~5721.32 of the Revised Code and~~ found to be void under division	26064
(A) or (B) of this section, ~~in addition to the remedies available~~	26065
~~under division (B) of this section,~~ the county treasurer may, with	26066
the approval of the certificate holder, substitute for such tax	26067
certificate ~~or portion thereof~~ another tax certificate that has a	26068
~~value~~certificate purchase price equivalent to the ~~value~~	26069
certificate purchase price of the tax certificate found to be	26070
void. In addition, the substitute tax certificate shall be for a	26071
parcel concerning which the county treasurer has taken action	26072
under divisions (A), (B), and (C) of section 5721.31 of the	26073
Revised Code, but with respect to which a tax certificate has not	26074
been sold, and that has a true value, as determined by the county	26075
auditor, that is equivalent to the true value of the parcel for	26076
which the tax certificate has been found to be void. Whenever a	26077
tax certificate ~~of equivalent value~~ is to be substituted for a tax	26078
certificate that has been found to be void, the county treasurer	26079
shall provide ~~written~~ notice of the intention to substitute a tax	26080
certificate ~~of equivalent value~~ to any person required to be	26081
notified under division (I) of section 5721.32 or division (K) of	26082
section 5721.33 of the Revised Code.	26083

(D) If an application for the exemption from and remission of	26084
taxes made under section 3735.67 or 5715.27 of the Revised Code,	26085
or under any other section of the Revised Code under the	26086
jurisdiction of the director of environmental protection, is	26087
granted for a parcel for which a tax certificate has been sold,	26088
the county treasurer shall refund to the certificate holder, in	26089
the manner provided in this section, the amount of any taxes	26090
exempted or remitted that were included in the certificate	26091
purchase price. If the whole amount of the taxes included in the	26092
certificate purchase price are exempted or remitted, the tax	26093
certificate is void. If all of the taxes that were included in the	26094
certificate purchase price are not exempted or remitted, the	26095
county treasurer shall adjust the tax certificate register to	26096
reflect the remaining amount of taxes that were not exempted or	26097
remitted, and notify the certificate holder of the adjustment in	26098
writing.	26099

Sec. 5721.35. (A) Upon the sale and delivery of a tax	26100
certificate, the tax certificate vests in the certificate holder	26101
the first lien previously held by the state and its taxing	26102
districts under section 5721.10 of the Revised Code for the amount	26103
of taxes, assessments, interest, and penalty charged against a	26104
certificate parcel, superior to all other liens and encumbrances	26105
upon the parcel described in the tax certificate, in the amount of	26106
the certificate redemption price, except liens for delinquent	26107
taxes~~, assessments, penalties, interest, charges, and costs~~ that	26108
attached to the certificate parcel prior to the attachment of the	26109
lien being conveyed by the sale of such tax certificate. With	26110
respect to the priority as among such first liens of the state and	26111
its taxing districts for different years, the priority shall be	26112
determined by the date such first liens of the state and its	26113
taxing districts attached pursuant to section 323.11 of the	26114
Revised Code, with first priority to the earliest attached lien	26115
and each immediately subsequent priority based upon the next	26116
earliest attached lien.	26117

(B)(1) A certificate holder or the county treasurer may	26118
record the tax certificate or memorandum thereof in the office of	26119
the county recorder of the county in which the certificate parcel	26120
is situated, as a mortgage of land under division (A)(2) of	26121
section 317.08 of the Revised Code. The county recorder shall	26122
index the certificate in the indexes provided for under section	26123
317.18 of the Revised Code. If the lien is subsequently canceled,	26124
the cancellation also shall be recorded by the county recorder.	26125

(2) Notwithstanding Chapter 1309., Title LIII, or any other	26126
provision of the Revised Code, a secured party holding a security	26127
interest in a tax certificate or memorandum thereof may perfect	26128
that security interest only by one of the following methods:	26129

(a) Possession;

26130

(b) Registering the tax certificate with the county treasurer	26131
in the name of the secured party, or its agent or custodian, as	26132
certificate holder;	26133

(c) Recording the name of the secured party in the tax	26134
certificate register in the office of the county treasurer of the	26135
county in which the certificate parcel is situated.	26136

Sec. 5721.36. (A)(1) Except as otherwise provided in	26137
division (A)(2) of this section, the purchaser of a tax	26138
certificate sold as part of a block sale pursuant to section	26139
5721.32 of the Revised Code may transfer the certificate to any	26140
person, and any other purchaser of a tax certificate pursuant to	26141
section 5721.32 or 5721.33 of the Revised Code may transfer the	26142
certificate to any person, except the owner of the certificate	26143
parcel or any corporation, partnership, or association in which	26144
such owner has an interest. The transferee of a tax certificate	26145
subsequently may transfer the certificate to any other person to	26146
whom the purchaser could have transferred the certificate. The	26147
transferor of a tax certificate shall endorse the certificate and	26148
shall swear to the endorsement before a notary public or other	26149
officer empowered to administer oaths. The transferee shall	26150
present the endorsed certificate and a notarized copy of a valid	26151
form of identification showing the transferee's taxpayer	26152
identification number to the county treasurer of the county where	26153
the certificate is registered, who shall, upon payment of a fee of	26154
twenty dollars to cover the costs associated with the transfer of	26155
a tax certificate, enter upon the register of certificate holders	26156
opposite the certificate entry the name and address of the	26157
transferee, the date of entry, and, upon presentation to the	26158
treasurer of instructions signed by the transferee, the name and	26159
address of any secured party of the transferee having an interest	26160
in the tax certificate. The treasurer shall deposit the fee in the	26161
county treasury to the credit of the tax certificate	26162
administration fund.	26163

Except as otherwise provided in division (A)(2) of this	26164
section, no request for foreclosure or notice of intent to	26165
foreclose, as the case may be, shall be filed by any person other	26166
than the person shown on the tax certificate register to be the	26167
certificate holder or a private attorney for that person properly	26168
authorized to act in that person's behalf.	26169

(2) Upon registration of a security interest with the county	26170
treasurer ~~as provided in section 5721.32 or 5721.33 of the Revised~~	26171
~~Code~~, both of the following apply:	26172

(a) No purchaser or transferee of a tax certificate may	26173
transfer that tax certificate except upon presentation to the	26174
treasurer of instructions signed by the secured party authorizing	26175
such action.	26176

(b) Only the secured party may issue a request for	26177
foreclosure or notice of intent to foreclose concerning that tax	26178
certificate.	26179

(B)(1) Application may be made to the county treasurer for a	26180
duplicate certificate if a certificate is alleged by affidavit to	26181
have been lost or destroyed. The treasurer shall issue a duplicate	26182
certificate, upon payment of a fee of twenty dollars to cover the	26183
costs of issuing the duplicate certificate. The treasurer shall	26184
deposit the fee in the county treasury to the credit of the tax	26185
certificate administration fund.	26186

(2) The duplicate certificate shall be plainly marked or	26187
stamped "duplicate."	26188

(3) The treasurer shall enter the fact of the duplicate in	26189
the tax certificate register ~~of certificate holders~~.	26190

Sec. 5721.37. (A)(1) With respect to a tax certificate	26191
purchased under section 5721.32 of the Revised Code, or under	26192
section 5721.42 of the Revised Code ~~in counties to which~~by the	26193
holder of a certificate issued under section 5721.32 of the	26194
Revised Code ~~applies~~, at any time after one year from the date	26195
shown on the tax certificate as the date the tax certificate was	26196
sold, and not later than ~~three~~six years after that date, the	26197
certificate holder may file with the county treasurer a request	26198
for foreclosure, or a private attorney on behalf of the	26199
certificate holder may file with the county treasurer a notice of	26200
intent to foreclose, on a form prescribed by the tax commissioner	26201
~~and provided by the county treasurer~~, provided the certificate	26202
parcel has not ~~yet~~ been redeemed under division (A) or (C) of	26203
section 5721.38 of the Revised Code and at least one certificate	26204
respecting the certificate parcel, held by the certificate holder	26205
filing the request for foreclosure or notice of intent to	26206
foreclose and eligible to be enforced through a foreclosure	26207
proceeding, has not been voided under section 5721.381 of the	26208
Revised Code.	26209

(2) With respect to a tax certificate purchased under section	26210
5721.33 of the Revised Code, or under section 5721.42 of the	26211
Revised Code ~~in counties to which~~by the holder of a certificate	26212
issued under section 5721.33 of the Revised Code ~~applies~~, at any	26213
time after one year from the date shown on the tax certificate as	26214
the date the tax certificate was sold, and not later than six	26215
years after that date or any extension of that date pursuant to	26216
division (C)(2) of section 5721.38 of the Revised Code, or not	26217
earlier or later than the dates negotiated by the county treasurer	26218
and specified in the tax certificate sale/purchase agreement, the	26219
certificate holder may file with the county treasurer a request	26220
for foreclosure, or a private attorney on behalf of the	26221
certificate holder may file with the county treasurer a notice of	26222
intent to foreclose, on a form prescribed by the tax commissioner	26223
~~and provided by the county treasurer~~, provided the parcel has not	26224
~~yet~~ been redeemed under division (A) or (C) of section 5721.38 of	26225
the Revised Code and at least one certificate respecting the	26226
certificate parcel, held by the certificate holder filing the	26227
request for foreclosure or notice of intent to foreclose and	26228
eligible to be enforced through a foreclosure proceeding, has not	26229
been voided under section 5721.381 of the Revised Code.	26230

(3)(a) With respect to a tax certificate purchased under	26231
section 5721.32 of the Revised Code, or under section 5721.42 of	26232
the Revised Code ~~in counties to which~~by the holder of a	26233
certificate issued under section 5721.32 of the Revised Code	26234
~~applies~~, if, before the expiration of ~~three~~six years after the	26235
date a tax certificate was sold, the owner of the property for	26236
which the certificate was sold files a petition in bankruptcy, the	26237
county treasurer, upon being notified of the filing of the	26238
petition, shall notify the certificate holder by ordinary	26239
first-class or certified mail or by binary means of the filing of	26240
the petition. ~~If the owner of the property files a petition in~~	26241
~~bankruptcy, the~~It is the obligation of the certificate holder	26242
to file a proof of claim with the bankruptcy court to protect	26243
the holder's interest in the certificate parcel. The last day on	26244
which the certificate holder may file a request for foreclosure	26245
or the private attorney may file a notice of intent to	26246
foreclose is the later of ~~three~~six years after the date the	26247
certificate was sold or one hundred eighty days after the	26248
~~bankruptcy case is closed~~certificate parcel is no longer	26249
property of the bankruptcy estate; however, the ~~three-year~~	26250
six-year period ~~being~~ measured from the date ~~that~~ the	26251
certificate was sold is tolled while the ~~owner of the~~	26252
~~property's petition in bankruptcy is being heard and~~property	26253
owner's bankruptcy case remains open.	26254

(b) With respect to a tax certificate purchased under section	26255
5721.33 of the Revised Code, or under section 5721.42 of the	26256
Revised Code ~~in counties to which~~by the holder of a certificate	26257
issued under section 5721.33 of the Revised Code ~~applies~~, if,	26258
before ~~the expiration of~~ six years after the date a tax	26259
certificate was sold or before the date negotiated by the county	26260
treasurer, the owner of the property files a petition in	26261
bankruptcy, the county treasurer, upon being notified of the	26262
filing of the petition, shall notify the certificate holder by	26263
ordinary first-class or certified mail or by binary means of the	26264
filing of the petition. ~~If the owner of the property files a~~	26265
~~petition in bankruptcy, the~~It is the obligation of the	26266
certificate holder to file a proof of claim with the bankruptcy	26267
court to protect the holder's interest in the certificate parcel.	26268
The last day on which the certificate holder may file a notice of	26269
intent to foreclose is the later of six years after the date ~~that~~	26270
the tax certificate was sold or the date negotiated by the county	26271
treasurer, or one hundred eighty days after the ~~bankruptcy case~~	26272
~~is closed~~certificate parcel is no longer property of the	26273
bankruptcy estate; however, the six-year or negotiated period	26274
being measured after the date ~~that~~ the certificate was sold is	26275
tolled while the ~~owner of the property's petition in bankruptcy~~	26276
~~is being heard and~~property owner's bankruptcy case remains open.	26277

(c) Interest at the certificate rate of interest continues to	26278
accrue during any extension of time required by division (A)(3)(a)	26279
or (b) of this section unless otherwise provided under Title 11 of	26280
the United States Code.	26281

(4) If, before the expiration of three years from the date a	26282
tax certificate was sold, the owner of property for which the	26283
certificate was sold applies for an exemption under section	26284
3735.67 or 5715.27 of the Revised Code or under any other section	26285
of the Revised Code under the jurisdiction of the director of	26286
environmental protection, the county treasurer shall notify the	26287
certificate holder by ordinary first-class or certified mail or by	26288
binary means of the filing of the application. Once a	26289
determination has been made on the exemption application, the	26290
county treasurer shall notify the certificate holder of the	26291
determination by ordinary first-class or certified mail or by	26292
binary means. The last day on which the certificate holder may	26293
file a request for foreclosure shall be the later of three years	26294
from the date the certificate was sold or forty-five days after	26295
notice of the determination was ~~mailed~~provided.	26296

(B) ~~Along with~~When a request for foreclosure or a notice of	26297
intent to foreclose is filed under division (A)(1) or (2) of this	26298
section~~, or a notice of intent to foreclose filed under division~~	26299
~~(A)(2) of this section and prior to the transfer of title in~~	26300
~~connection with foreclosure proceedings filed under division (F)~~	26301
~~of this section~~, the certificate holder shall submit a payment	26302
to the county treasurer equal to the sum of the following:	26303

(1) The certificate redemption prices of all outstanding tax	26304
certificates that have been sold on the parcel, other than tax	26305
certificates held by the person requesting foreclosure;	26306

(2) Any ~~delinquent~~ taxes, assessments, penalties, interest,	26307
and charges ~~that are~~appearing on the tax duplicate charged	26308
against the certificate parcel that is the subject of the	26309
foreclosure proceedings and that are not covered by a tax	26310
certificate;	26311

(3) If the foreclosure proceedings are filed by the county	26312
prosecuting attorney pursuant to section 323.25, 5721.14, or	26313
5721.18 of the Revised Code, a fee in the amount prescribed by the	26314
county prosecuting attorney to cover the prosecuting attorney's	26315
legal costs incurred in the foreclosure proceeding;	26316

~~(4) If the foreclosure proceedings are filed by a private~~	26317
~~attorney on behalf of the certificate holder pursuant to division~~	26318
~~(F) of this section, any other prior liens~~.	26319

(C)(1) With respect to a certificate purchased under section	26320
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	26321
certificate parcel has not been redeemed and at least one	26322
certificate respecting the certificate parcel, held by the	26323
certificate holder filing the request for foreclosure and	26324
eligible to be enforced through a foreclosure proceeding, has not	26325
been voided under section 5721.381 of the Revised Code, the	26326
county treasurer, within five days after receiving a foreclosure	26327
request and the payment required under division (B) of this	26328
section, shall ~~inform~~certify notice to that effect to the county	26329
prosecuting attorney ~~that the parcel has not been redeemed~~ and	26330
shall provide a copy of the foreclosure request. The county	26331
treasurer also shall send notice by ordinary first class or	26332
certified mail to all certificate holders other than the	26333
certificate holder requesting foreclosure that foreclosure has	26334
been requested by a certificate holder and that payment for the	26335
tax certificates ~~for the certificate parcel may be redeemed~~is	26336
forthcoming. Within ninety days of receiving the copy of the	26337
foreclosure request, the prosecuting attorney shall commence a	26338
foreclosure proceeding in the name of the county treasurer in the	26339
manner provided under section 323.25, 5721.14, or 5721.18 of the	26340
Revised Code, to ~~foreclose~~enforce the lien vested in the	26341
certificate holder by the certificate. The prosecuting attorney	26342
shall attach to the complaint the foreclosure request and the	26343
county treasurer's written certification ~~that the parcel has not~~	26344
~~been redeemed~~.	26345

(2) With respect to a certificate purchased under section	26346
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	26347
certificate parcel has not been redeemed ~~and~~, at least one	26348
certificate respecting the certificate parcel, held by the	26349
certificate holder filing the notice of intent to foreclose and	26350
eligible to be enforced through a foreclosure proceeding, has not	26351
been voided under section 5721.381 of the Revised Code, a notice	26352
of intent to foreclose has been filed, and the payment required	26353
under division (B) of this section has been made, the county	26354
treasurer shall ~~provide certification~~certify notice to that	26355
effect to the private attorney ~~that the parcel has not been~~	26356
~~redeemed~~. The county treasurer also shall send notice by ordinary	26357
first class or certified mail or by binary means to all	26358
certificate holders other than the certificate holder represented	26359
by the attorney that a notice of intent to foreclose has been	26360
filed and that payment for the tax certificates ~~for the~~	26361
~~certificate parcel may be redeemed~~is forthcoming. After receipt	26362
of ~~that~~the treasurer's certification and not later than one	26363
hundred twenty days after the filing of the intent to foreclose	26364
or the number of days specified under the terms of a negotiated	26365
sale under section 5721.33 of the Revised Code, the private	26366
attorney ~~may~~shall commence a foreclosure proceeding in the name	26367
of the certificate holder in the manner provided under division	26368
(F) of this section, to ~~foreclose~~enforce the lien vested in the	26369
certificate holder by the certificate. The private attorney shall	26370
attach to the complaint the notice of intent to foreclose and the	26371
county treasurer's written certification ~~that the parcel has not~~	26372
~~been redeemed~~.	26373

(D) The county treasurer shall credit the amount received	26374
under division (B)(1) of this section to the tax certificate	26375
redemption fund. The tax certificates respecting the payment shall	26376
be ~~redeemed~~paid as provided in division ~~(E)~~(D) of section 5721.38	26377
of the Revised Code. The amount received under division (B)(2) of	26378
this section shall be distributed to the taxing districts to which	26379
the ~~delinquencies~~delinquent and unpaid amounts are owed. The	26380
county treasurer shall deposit the fee received under division	26381
(B)(3) of this section in the county treasury to the credit of	26382
the delinquent tax and assessment collection fund. ~~The amount~~	26383
~~received under division (B)(4) of this section shall be~~	26384
~~distributed to the holder of the prior lien.~~	26385

(E)(1) (a) If, in the case of a certificate purchased under	26386
section 5721.32 ~~or 5721.42~~ of the Revised Code, or under section	26387
5721.42 of the Revised Code by the holder of a certificate issued	26388
under section 5721.32 of the Revised Code, the certificate holder	26389
does not file with the county treasurer a request for foreclosure	26390
or a notice of intent to foreclose ~~along~~ with the required payment	26391
within ~~three~~six years after the date shown on the tax certificate	26392
as the date the certificate was sold or within the period	26393
provided under division (A)(3)(a) of this section, and during	26394
that ~~period~~time the certificate has not been voided under	26395
section 5721.381 of the Revised Code and the parcel ishas not	26396
been redeemed or foreclosed upon, the certificate holder's lien	26397
against the parcel ~~for the certificate redemption price~~ is	26398
canceled, and the certificate is voided, subject to division	26399
(E)(1)(b) of this section.	26400

(b) In the case of any tax certificate purchased under	26401
section 5721.32 of the Revised Code or under section 5721.42 of	26402
the Revised Code by the holder of a certificate issued under	26403
section 5721.32 of the Revised Code prior to the effective date	26404
of the amendment of this section by H.B. 562 of the 127th general	26405
assembly, the county treasurer, upon application by the	26406
certificate holder, may sell to the certificate holder a new	26407
certificate extending the three-year period prescribed by division	26408
(E)(1) of this section, as that division existed prior to that	26409
effective date, to six years after the date shown on the original	26410
certificate as the date it was sold or any extension of that	26411
date.	26412

(2)(a) If, in the case of a certificate purchased under	26413
section 5721.33 of the Revised Code, or under section 5721.42 of	26414
the Revised Code by the holder of a certificate issued under	26415
section 5721.33 of the Revised Code, the certificate holder does	26416
not file with the county treasurer a request for foreclosure or a	26417
notice of intent to foreclose with respect to a certificate parcel	26418
with the required payment within six years after the date shown	26419
on the tax certificate as the date the certificate was sold or	26420
any extension of that date pursuant to division (C)(2) of section	26421
5721.38 of the Revised Code, or within the period provided under	26422
division (A)(3)(b) of this section or as specified under the	26423
terms of a negotiated sale under section 5721.33 of the Revised	26424
Code, and during that ~~period~~time the ~~parcel is not redeemed~~	26425
certificate has not been voided under section 5721.381 of the	26426
Revised Code and the certificate parcel has not been redeemed or	26427
foreclosed upon, the certificate holder's lien against the parcel	26428
~~for the amount of delinquent taxes, assessments, penalties,~~	26429
~~interest, and charges that make up the certificate purchase~~	26430
~~price~~ is canceled and the certificate is voided, subject to	26431
division (E)(2)(b) of this section.	26432

(b) In the case of any tax certificate purchased under	26433
section 5721.33 of the Revised Code prior to October 10, 2000, the	26434
county treasurer, upon application by the certificate holder, may	26435
sell to the certificate holder a new certificate extending the	26436
three-year period prescribed by division (E)(2) of this section,	26437
as that division existed prior to October 10, 2000, to six years	26438
after the date shown on the original certificate as the date it	26439
was sold or any extension of that date. ~~The~~	26440

(3) The county treasurer and the certificate holder shall	26441
negotiate the premium, in cash, to be paid for ~~the~~a new	26442
certificate sold under division (E)(1)(b) or (2)(b) of this	26443
section. If the county treasurer and certificate holder do not	26444
negotiate a mutually acceptable premium, the county treasurer and	26445
certificate holder may agree to engage a person experienced in the	26446
valuation of financial assets to appraise a fair premium for the	26447
new certificate. The certificate holder has the option to purchase	26448
the new certificate for the fair premium so appraised. Not less	26449
than one-half of the fee of the person so engaged shall be paid	26450
by the certificate holder requesting the new certificate; the	26451
remainder of the fee shall be paid from the proceeds of the sale	26452
of the new certificate. If the certificate holder does not	26453
purchase the new certificate for the premium so appraised, the	26454
certificate holder shall pay the entire fee. The county treasurer	26455
shall credit the remaining proceeds from the sale to the items of	26456
taxes, assessments, penalties, interest, and charges in the order	26457
in which they became due.	26458

(4) A certificate issued under ~~this~~ division (E)(1)(b) or	26459
(2)(b) of this section vests in the certificate holder and its	26460
secured party, if any, the same rights, interests, privileges, and	26461
immunities as are vested by the original certificate under	26462
sections 5721.30 to 5721.43 of the Revised Code~~, except that~~	26463
~~interest payable under division (B) of~~ ~~section 5721.38 or~~	26464
~~division(B)of section 5721.39 of the~~ ~~Revised Code shall be~~	26465
~~subject to the amendments to those divisions~~ ~~by Sub. H.B. 533 of~~	26466
~~the 123rd general assembly~~. The certificate shall be issued in	26467
the same form as the form prescribed for the original certificate	26468
issued except for any modifications necessary, in the county	26469
treasurer's discretion, to reflect the extension under this	26470
division of the certificate holder's lien to six years after the	26471
date shown on the original certificate as the date it was sold or	26472
any extension of that date. The certificate holder may record a	26473
certificate issued under division (E)(1)(b) or (2)(b) of this	26474
section or memorandum thereof as provided in division (B) of	26475
section 5721.35 of the Revised Code, and the county recorder shall	26476
index the certificate and record any subsequent cancellation of	26477
the lien as provided in that section. The sale of a certificate	26478
extending the lien under division (E)(1)(b) or(2)(b) of this	26479
section does not impair the right of redemption of the owner of	26480
record of the certificate parcel or of any other person entitled	26481
to redeem the property.	26482

(5) If the holder of a certificate purchased under section	26483
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	26484
of intent to foreclose to the county treasurer but fails to file a	26485
foreclosure action in a court of competent jurisdiction within the	26486
time specified in division (C)(2) of this section, the liens	26487
represented by all tax certificates respecting the certificate	26488
parcel held by that certificate holder, and for which the deadline	26489
for filing a notice of intent to foreclose has passed, are	26490
canceled and the certificates voided, and the certificate holder	26491
forfeits the payment of the amounts described in division (B)(2)	26492
of this section.	26493

(F) With respect to tax certificates purchased under section	26494
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	26495
delivery to the ~~certificate holder~~private attorney by the county	26496
treasurer of the certification provided for under division (C)(2)	26497
of this section, athe private attorney ~~may~~shall institute a	26498
foreclosure proceeding under this division in the name of the	26499
certificate holder to ~~foreclose such~~enforce the holder's lien, in	26500
any court with jurisdiction, unless the certificate redemption	26501
price is paid prior to the time a complaint is filed. The	26502
attorney shall prosecute the proceeding to final judgment and	26503
satisfaction, whether through sale of the property or the vesting	26504
of title and possession in the certificate holder.	26505

The foreclosure proceedings under this division, except as	26506
otherwise provided in this division, shall be instituted and	26507
prosecuted in the same manner as is provided by law for the	26508
foreclosure of mortgages on land, except that, if service by	26509
publication is necessary, such publication shall be made once a	26510
week for three consecutive weeks and the service shall be complete	26511
at the expiration of three weeks after the date of the first	26512
publication.	26513

Any notice given under this division shall include the name	26514
of the owner of the parcel as last set forth in the records of the	26515
county recorder, the owner's last known mailing address, the	26516
address of the subject parcel if different from that of the owner,	26517
and a complete legal description of the subject parcel. In any	26518
county that has adopted a permanent parcel number system, such	26519
notice may include the permanent parcel number in addition to a	26520
complete legal description.	26521

It is sufficient, having been made a proper party to the	26522
foreclosure proceeding, for the certificate holder to allege in	26523
such holder's complaint that the tax certificate has been duly	26524
purchased by the certificate holder, that the certificate	26525
redemption price ~~appearing to be due and unpaid~~ is due and unpaid,	26526
and that there is a lien against the property described in the tax	26527
certificate, without setting forth in such holder's complaint any	26528
other special matter relating to the foreclosure proceeding. The	26529
~~prayer of the complaint shall be that the court issue an order~~	26530
~~that the property be sold by the sheriff or, if the action is in~~	26531
~~the municipal court, by the bailiff,~~complaint shall pray for an	26532
order directing the sheriff, or the bailiff if the complaint is	26533
filed in municipal court, to offer the property for sale in the	26534
manner provided in section 5721.19 of the Revised Code, unless the	26535
complaint ~~includes an appraisal by an independent appraiser~~	26536
~~acceptable to~~documents that the ~~court~~county auditor has	26537
determined that the true value of the certificate parcel is less	26538
than the certificate purchase price. In that case, the prayer of	26539
the complaint shall berequest that fee simple title to the	26540
property be transferred to and vested in the certificate holder	26541
free and clear of all subordinate liens.	26542

In the foreclosure proceeding, the certificate holder may	26543
join in one action any number of tax certificates relating to the	26544
same owner~~, provided that all parties on each of the tax~~	26545
~~certificates are identical as to name and priority of interest~~.	26546
However, the decree for each tax certificate shall be rendered	26547
separately and any proceeding may be severed, in the discretion of	26548
the court, for the purpose of trial or appeal. ~~The~~Upon	26549
confirmation of sale, the court shall order payment of all costs	26550
related directly or indirectly to ~~the redemption of~~ the tax	26551
certificate, including, without limitation, attorney's fees of the	26552
holder's attorney~~, as is considered proper~~in accordance with	26553
section 5721.371 of the Revised Code. The tax certificate	26554
purchased by the certificate holder is presumptive evidence in all	26555
courts and in all proceedings, including, without limitation, at	26556
the trial of the foreclosure action, of the amount and validity of	26557
the taxes, assessments, charges, penalties by the court and added	26558
to such principal amount, and interest appearing due and unpaid	26559
and of their nonpayment.	26560

(G) ~~For the purposes of this section, "prior liens" means~~	26561
~~liens that are prior in right to the lien with respect to the tax~~	26562
~~certificate that is the subject of the foreclosure proceedings.~~	26563

~~(H)~~ If a parcel is sold under this section, the officer who	26564
conducted the sale shall collect the recording fee from the	26565
purchaser at the time of the sale and, following confirmation of	26566
the sale, shall prepare and record the deed conveying the title to	26567
the parcel to the purchaser.	26568

Sec. 5721.371. Private attorney's fees payable with respect	26569
to an action under sections 5721.30 to 5721.46 of the Revised Code	26570
are subject to the following conditions:	26571

(A) The fees must be reasonable.

26572

(B) Fees exceeding two thousand five hundred dollars shall be	26573
paid only if authorized by a court order.	26574

(C) The terms of a sale negotiated under section 5721.33 of	26575
the Revised Code may include the amount to be paid in private	26576
attorney's fees, subject to division (B) of this section.	26577

Sec. 5721.38. (A) At any time prior to payment to the county	26578
treasurer by the certificate holder to initiate foreclosure	26579
proceedings under division (B) of section 5721.37 of the Revised	26580
Code, the owner of record of the certificate parcel, or any other	26581
person entitled to redeem that parcel, may redeem the parcel by	26582
paying to the county treasurer an amount equal to the total of the	26583
certificate redemption prices of all tax certificates respecting	26584
that parcel.	26585

(B) At any time after payment to the county treasurer by the	26586
certificate holder to initiate foreclosure proceedings under	26587
section 5721.37 of the Revised Code and prior to the filing of the	26588
entry of confirmation of sale of a certificate parcel under	26589
foreclosure proceedings filed by the county prosecuting attorney	26590
or prior to the decree conveying title to the certificate holder	26591
as provided for in division (F) of section 5721.37 of the Revised	26592
Code, the owner of record of the certificate parcel or any other	26593
person entitled to redeem that parcel may redeem the parcel by	26594
paying to the county treasurer the sum of the following amounts:	26595

(1) The amount described in division (A) of this section;

26596

(2) Interest on the certificate purchase price for each tax	26597
certificate sold respecting the parcel at the rate of eighteen per	26598
cent per year for the period beginning on the day on which the	26599
payment was submitted by the certificate holder and ending on the	26600
day the parcel is redeemed under this division~~, except that such~~	26601
~~interest shall not accrue for more than three years after the day~~	26602
~~the certificate was purchased if the certificate holder did not~~	26603
~~submit payment under division (B) of section 5721.37 of the~~	26604
~~Revised Code before the end of that three-year period~~;	26605

(3) An amount equal to the sum of the county prosecuting	26606
attorney's fee under division (B)(3) of section 5721.37 of the	26607
Revised Code ~~if the tax certificate was purchased under section~~	26608
~~5721.32 or 5721.42 of the Revised Code~~plus interest on that	26609
amount at the rate of eighteen per cent per year beginning on the	26610
day on which the payment was submitted by the certificate holder	26611
and ending on the day the parcel is redeemed under this division.	26612
If the parcel is redeemed before the complaint has been filed,	26613
the prosecuting attorney shall adjust the fee to reflect services	26614
performed to the date of redemption, and the county treasurer	26615
shall calculate the interest based on the adjusted fee and refund	26616
any excess fee to the certificate holder.	26617

(4) Reasonable attorney's fees in accordance with section	26618
5721.371 of the Revised Code if the certificate holder retained a	26619
private attorney to foreclose the lien;	26620

(5) Any other costs and fees of the proceeding allocable to	26621
the certificate parcel as determined by the court. ~~Upon~~	26622

The county treasurer may collect the total amount due under	26623
divisions (B)(1) to (5) of this section in the form of guaranteed	26624
funds acceptable to the treasurer. Immediately upon receipt of	26625
such payments, the county treasurer shall ~~refund the payment made~~	26626
byreimburse the certificate holder ~~to initiate~~who initiated	26627
foreclosure proceedings as provided in division (D) of this	26628
section. The county treasurer shall pay the certificate holder	26629
interest at the rate of eighteen per cent per year on amounts	26630
paid under divisions (B)(2) and (3) of section 5721.37 of the	26631
Revised Code, beginning on the day the certificate holder paid	26632
the amounts under those divisions and ending on the day the	26633
parcel is redeemed under this section.	26634

(C)(1) During the period beginning on the date a tax	26635
certificate is sold under section 5721.32 of the Revised Code and	26636
ending one year from that date, the county treasurer may enter	26637
into a redemption payment plan with the owner of record of the	26638
certificate parcel or any other person entitled to redeem that	26639
parcel. The plan shall require the owner or other person to pay	26640
the certificate redemption price for the tax certificate in	26641
installments, with the final installment due no later than one	26642
year after the date the tax certificate is sold. The certificate	26643
holder may at any time, by written notice to the county treasurer,	26644
agree to accept installments collected to the date of notice as	26645
payment in full. Receipt of such notice by the treasurer shall	26646
constitute satisfaction of the payment plan and redemption of the	26647
tax certificate.	26648

(2) During the period beginning on the date a tax certificate	26649
is sold under section 5721.33 of the Revised Code and ending on	26650
the date the decree is rendered on the foreclosure proceeding	26651
under division (F) of section 5721.37 of the Revised Code, the	26652
owner of record of the certificate parcel, or any other person	26653
entitled to redeem that parcel, may enter into a redemption	26654
payment plan with the certificate holder and all secured parties	26655
of the certificate holder. The plan shall require the owner or	26656
other person to pay the certificate redemption price for the tax	26657
certificate, an administrative fee not to exceed one hundred	26658
dollars per year, and the actual fees and costs incurred, in	26659
installments, with the final installment due no later than ~~three~~	26660
six years after the date the tax certificate is sold. The	26661
certificate holder shall give written notice of the plan to the	26662
applicable county treasurer within sixty days after entering into	26663
the plan and written notice of default under the plan within	26664
ninety days after the default. If such a plan is entered into, the	26665
time period for filing a request for foreclosure or a notice of	26666
intent to foreclose under section 5721.37 of the Revised Code is	26667
extended by the length of time the plan is in effect and not in	26668
default.	26669

(D)(1) Immediately upon receipt of full payment under	26670
division (A) or (B) of this section, the county treasurer shall	26671
make an entry to that effect in the tax certificate register,	26672
credit the payment to the tax certificate redemption fund created	26673
in the county treasury, and shall notify ~~each~~the certificate	26674
holder or holders by ordinary first class or certified mail,	26675
~~return receipt requested,~~or by binary means that the parcel has	26676
been redeemed and the lien or liens canceled, and that ~~the tax~~	26677
~~certificates may be redeemed. The county treasurer shall deposit~~	26678
~~into the tax certificate redemption fund created in the county~~	26679
~~treasury an amount equal to the total of the certificate~~	26680
~~redemption prices, together with interest on the certificate~~	26681
~~purchase price for each tax certificate sold respecting the parcel~~	26682
~~at the rate of eighteen per cent per year paid under division (B)~~	26683
~~of this section for the period beginning when the payment was~~	26684
~~submitted by the certificate holder under division (B) of section~~	26685
~~5721.37 of the Revised Code and ending when the parcel was~~	26686
~~redeemed. The~~payment on the certificate or certificates is	26687
forthcoming. The treasurer shall pay the tax certificate holder	26688
or holders promptly.	26689

The county treasurer shall administer the tax certificate	26690
redemption fund for the purpose of redeeming tax certificates.	26691
Interest earned on the fund shall be credited to the county	26692
general fund.	26693

(2) If a redemption payment plan is entered into pursuant to	26694
division (C)(1) of this section, the county treasurer immediately	26695
shall notify each certificate holder by ordinary first class or	26696
certified mail~~, return receipt requested,~~or by binary means of	26697
the terms of the plan. Installment payments made pursuant to the	26698
plan shall be deposited in the tax certificate redemption fund.	26699
Any overpayment of the installments shall be refunded to the	26700
person responsible for causing the overpayment if the person	26701
applies for a refund under this section. If the person responsible	26702
for causing the overpayment fails to apply for a refund under this	26703
section within five years from the date the plan is satisfied, an	26704
amount equal to the overpayment shall be deposited into the	26705
general fund of the county.	26706

Upon satisfaction of the plan, the county treasurer shall	26707
indicate in the tax certificate register that the plan has been	26708
satisfied, and shall notify each certificate holder by ordinary	26709
first class or certified mail~~, return receipt requested,~~or by	26710
binary means that the plan has been satisfied and that ~~tax~~	26711
~~certificates may be redeemed~~payment on the certificate or	26712
certificates is forthcoming. The treasurer shall pay each	26713
certificate holder promptly.	26714

If a redemption payment plan becomes void, the county	26715
treasurer ~~immediately~~ shall notify each certificate holder by	26716
ordinary first class or certified mail~~, return receipt requested~~	26717
or by binary means. If a certificate holder files a request for	26718
foreclosure under section 5721.37 of the Revised Code, upon the	26719
filing of the request for foreclosure, any money paid under the	26720
plan shall be refunded to the person that paid the money under	26721
the plan.	26722

~~(E) To redeem a tax certificate with respect to which payment~~	26723
~~has been made in full under division (A), (B), or (C)(1) of this~~	26724
~~section or division (B)(1) of section 5721.37 of the Revised~~	26725
~~Code, the certificate holder shall present the tax certificate to~~	26726
~~the county treasurer, who shall prepare the redemption~~	26727
~~information. Upon presentation, the county auditor shall draw a~~	26728
~~warrant on the tax certificate redemption fund in the amount of~~	26729
~~the certificate redemption price and any applicable interest~~	26730
~~payable at the rate of eighteen per cent annually on the~~	26731
~~certificate under division (B) of this section. For a parcel that~~	26732
~~was redeemed under division (B) of this section, the certificate~~	26733
~~holder who paid the amounts under division (B) of section 5721.37~~	26734
~~of the Revised Code shall be reimbursed for those amounts,~~	26735
~~together with interest at the rate of eighteen per cent per year~~	26736
~~on the amount paid under division (B)(1) of that section for the~~	26737
~~period beginning when the payment was submitted by the~~	26738
~~certificate holder under division (B) of that section and ending~~	26739
~~when the parcel was redeemed. The treasurer shall mark all copies~~	26740
~~of the tax certificate "redeemed" and return the certificate to~~	26741
~~the certificate holder. The canceled certificate shall serve as~~	26742
~~a receipt evidencing redemption of the tax certificate. If a~~	26743
~~certificate holder fails to redeem a tax certificate within five~~	26744
~~years after notice is served under division (D) of this section~~	26745
~~that tax certificates may be redeemed, an amount equal to the~~	26746
~~certificate redemption price and any applicable interest payable~~	26747
~~at the rate of eighteen per cent annually on the certificate under~~	26748
~~division (B) of this section shall be deposited into the general~~	26749
~~fund of the county.~~	26750

(3) Upon receipt of the payment required under division	26751
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	26752
pay all other certificate holders and indicate in the tax	26753
certificate register that such certificates have been satisfied.	26754

Sec. 5721.381. (A) At any time prior to payment to the county	26755
treasurer by a certificate holder to initiate foreclosure	26756
proceedings under division (B) of section 5721.37 of the Revised	26757
Code, the owner of record of the certificate parcel or any other	26758
person entitled to redeem that parcel may pay the county treasurer	26759
the certificate redemption price for the tax certificate with the	26760
oldest lien against the parcel. Such a payment cancels that lien	26761
and voids the certificate. Upon receipt of the payment, the	26762
county treasurer shall make an entry to that effect in the tax	26763
certificate register, shall deposit the payment to the credit of	26764
the tax certificate redemption fund, and shall notify the	26765
certificate holder by ordinary first class or certified mail or by	26766
binary means that the lien has been canceled and that payment on	26767
the certificate is forthcoming. The treasurer shall pay the	26768
holder of that certificate promptly.	26769

(B) A person who makes a payment to the county treasurer	26770
under division (A) of this section for the tax certificate with	26771
the oldest lien may make additional payments under that division	26772
for other tax certificates related to the parcel, in priority	26773
order based on the earliest date of attachment of the liens.	26774

(C) A property owner or other person shall make, and the	26775
county treasurer shall accept and apply, payments under this	26776
section only in priority order based on the earliest date of	26777
attachment of the liens.	26778

Sec. 5721.39. (A) In its judgment of foreclosure rendered	26779
~~with respect to~~in actions filed pursuant to section 5721.37 of	26780
the Revised Code, the court shall enter a finding that includes	26781
all of the following with respect to the certificate parcel of	26782
~~the~~:	26783

(1) The amount of the sum of the certificate redemption	26784
prices ~~respecting~~for all the tax certificates sold against the	26785
parcel; ~~interest~~	26786

(2) Interest on the certificate purchase prices of ~~those~~all	26787
certificates at the rate of eighteen per cent per year for the	26788
period beginning on the day on which the payment was submitted by	26789
the certificate holder under division (B) of section 5721.37 of	26790
the Revised Code;	26791

(3) The amount paid under division (B)(2) of section	26792
5721.37 of the Revised Code, plus interest at the rate of eighteen	26793
per cent per year for the period beginning on the day the	26794
certificate holder filed a request for foreclosure or a notice of	26795
intent to foreclose under division (A) of that section; ~~any~~	26796

(4) Any delinquent taxes~~, assessments, penalties, interest,~~	26797
~~and charges~~ on the parcel that are not covered by a ~~tax~~	26798
~~certificate~~payment under division (B)(2) of section 5721.37 of	26799
the Revised Code; ~~and fees~~	26800

(5) Fees and costs incurred in the foreclosure proceeding	26801
instituted against the parcel, including, without limitation, the	26802
fees and costs of the prosecuting attorney represented by the fee	26803
paid under division (B)(3) of section 5721.37 of the Revised Code,	26804
plus interest as provided in division (D)(2)(d) of this section,	26805
or the fees and costs of the private attorney representing the	26806
certificate holder, and charges paid or incurred in procuring	26807
title searches and abstracting services relative to the subject	26808
premises. ~~The~~	26809

(B) The court may order the certificate parcel to be sold,	26810
without appraisal and as set forth in the prayer of the complaint,	26811
for not less than the amount of its finding, or, in the event ~~that~~	26812
~~the court finds~~ that the true value of the certificate parcel as	26813
determined by the county auditor is less than the certificate	26814
~~purchase~~redemption price, the court may, as prayed for in the	26815
complaint, issue a decree transferring fee simple title free and	26816
clear of all subordinate liens to the certificate holder. A decree	26817
of the court transferring fee simple title to the certificate	26818
holder is forever a bar to all rights of redemption with respect	26819
to the certificate parcel.	26820

(C) Each certificate parcel shall be advertised and sold by	26821
the officer to whom the order of sale is directed in the manner	26822
provided by law for the sale of real property on execution. The	26823
advertisement for sale of certificate parcels shall be published	26824
once a week for three consecutive weeks and shall include the date	26825
on which a second sale will be conducted if no bid is accepted at	26826
the first sale. Any number of parcels may be included in one	26827
advertisement.	26828

Whenever the officer charged to conduct the sale offers a	26829
certificate parcel for sale and no bids are made equal to at least	26830
the amount of the court's finding, the officer shall adjourn the	26831
sale of the parcel to the second date that was specified in the	26832
advertisement of sale. The second sale shall be held at the same	26833
place and commence at the same time as set forth in the	26834
advertisement of sale. The officer shall offer any parcel not sold	26835
at the first sale. Upon the conclusion of any sale, or if any	26836
parcel remains unsold after being offered at two sales, the	26837
officer conducting the sale shall report the results to the court.	26838

(D) Upon the confirmation of a sale, the proceeds of the sale	26839
shall be applied as follows:	26840

~~(A)~~(1) The fees and costs incurred in the proceeding filed	26841
against the parcel pursuant to section 5721.37 of the Revised Code	26842
~~, not including~~shall be paid first, including attorney's fees of	26843
the certificate holder's attorney payable under division (F) of	26844
that section, or the county prosecutor's costs covered by the fee	26845
paid by the certificate holder under division (B)(3) of that	26846
section~~, shall be paid first~~.	26847

~~(B)~~(2) Following the payment required by division ~~(A)~~(D)(1)	26848
of this section, the certificate holder that ~~requested the~~	26849
~~foreclosure~~filed the notice of intent to foreclose or request for	26850
foreclosure with the county treasurer shall be paid the sum of the	26851
following amounts:	26852

~~(1)~~(a) The sum of the amount found due for the certificate	26853
redemption prices of all the tax certificates~~, other than those~~	26854
~~certificates described in division (B)(1) of section 5721.37 of~~	26855
~~the Revised Code,~~ that are sold against the parcel ~~to the~~	26856
~~certificate holder requesting a notice of foreclosure~~;	26857

~~(2)~~(b) Any premium paid by the certificate holder at the time	26858
of purchase;	26859

~~(3)~~(c) Interest on the amounts paid by the certificate holder	26860
under division (B)(1) of section 5721.37 of the Revised Code at	26861
the rate of eighteen per cent per year beginning on the day on	26862
which the payment was submitted by the certificate holder to the	26863
county treasurer and ending on the day immediately preceding the	26864
day on which the proceeds of the foreclosure sale are paid to the	26865
certificate holder;	26866

~~(4)~~(d) Interest on the amounts paid by the certificate holder	26867
under divisions (B)(2) and (3) of section 5721.37 of the Revised	26868
Code at the rate of eighteen per cent per year beginning on the	26869
day on which the payment was submitted by the certificate holder	26870
under divisions (B)(2) and (3) of that section ~~5721.37 of the~~	26871
~~Revised Code~~ and ending on the day immediately preceding the day	26872
on which the proceeds of the foreclosure sale are paid to the	26873
certificate holder pursuant to this section, except that such	26874
interest shall not accrue for more than three years if the	26875
certificate was sold under section 5721.32 of the Revised Code,	26876
or under section 5721.42 of the Revised Code by the holder of a	26877
certificate issued under section 5721.32 of the Revised Code, or	26878
more than six years if the certificate was sold under section	26879
5721.33 of the Revised Code, or under section 5721.42 of the	26880
Revised Code by the holder of a certificate issued under section	26881
5721.33 of the Revised Code, after the day the amounts were paid	26882
by the certificate holder under divisions (B)(2) and (3) of	26883
section 5721.37 of the Revised Code ~~if the certificate holder did~~	26884
~~not submit that payment before the end of that six-year period~~;	26885

~~(5)~~(e) The amounts paid by the certificate holder under	26886
divisions (B)(1), (2), and (3) of section 5721.37 of the Revised	26887
Code.	26888

~~(C)~~(3) Following the payment required by division ~~(B)~~(D)(2)	26889
of this section, any amount due for taxes, assessments, charges,	26890
penalties, and interest not covered by the tax certificate	26891
holder's payment under division (B)(2) of section 5721.37 of the	26892
Revised Code shall be paid, including all taxes, assessments,	26893
charges, penalties, and interest payable subsequent to the entry	26894
of the finding and prior to the transfer of the deed of the parcel	26895
to the purchaser following confirmation of sale. If the proceeds	26896
available for distribution pursuant to this division are	26897
insufficient to pay the entire amount of those taxes, assessments,	26898
charges, penalties, and interest, the proceeds shall be paid to	26899
each claimant in proportion to the amount of those taxes,	26900
assessments, charges, penalties, and interest that each is due,	26901
and those taxes, assessments, charges, penalties, and interest are	26902
deemed satisfied and shall be removed from the tax list and	26903
duplicate.	26904

(4) Any residue of money from proceeds of the sale shall be	26905
disposed of as prescribed by section 5721.20 of the Revised Code.	26906

(E) Unless the parcel previously was redeemed pursuant to	26907
section 5721.25 or 5721.38 of the Revised Code, upon the filing of	26908
the entry of confirmation of sale, the title to the parcel is	26909
incontestable in the purchaser and is free and clear of all liens	26910
and encumbrances, except a federal tax lien, notice of which lien	26911
is properly filed in accordance with section 317.09 of the Revised	26912
Code prior to the date that a foreclosure proceeding is instituted	26913
pursuant to section 5721.37 of the Revised Code, and which lien	26914
was foreclosed in accordance with 28 U.S.C.A. 2410(c), and except	26915
for the easements and covenants of record running with the land or	26916
lots that were created prior to the time the taxes or assessments,	26917
for the nonpayment of which a tax certificate was issued and the	26918
parcel sold at foreclosure, became due and payable.	26919

The title shall not be invalid because of any irregularity,	26920
informality, or omission of any proceedings under this chapter or	26921
in any processes of taxation, if such irregularity, informality,	26922
or omission does not abrogate the provision for notice to holders	26923
of title, lien, or mortgage to, or other interests in, such	26924
foreclosed parcels, as prescribed in this chapter.	26925

Sec. 5721.40. If any tax certificate parcel is twice offered	26926
for sale pursuant to section 5721.39 of the Revised Code and	26927
remains unsold for want of bidders, the officer who conducted the	26928
sales shall certify to the court that the parcel remains unsold	26929
after two sales. The court, by entry, shall order the parcel	26930
forfeited to the certificate holder who filed the request for	26931
foreclosure or notice of intent to foreclose under section 5721.37	26932
of the Revised Code. The clerk of the court shall certify copies	26933
of the court's order to the county treasurer. The county treasurer	26934
shall notify the certificate holder by ordinary and certified	26935
mail, return receipt requested, that the parcel remains unsold,	26936
and shall instruct the certificate holder of the manner in which	26937
the holder shall obtain the deed to the parcel. The officer who	26938
conducted the sales shall prepare and record the deed conveying	26939
title to the parcel to the certificate holder.	26940

Upon transfer of the deed to the certificate holder under	26941
this section, all right, title, claim, and interest in the	26942
certificate parcel are transferred to and vested in the	26943
certificate holder. The title to the parcel is incontestable in	26944
the certificate holder and is free and clear of all liens and	26945
encumbrances, except the following:	26946

(A) A federal tax lien, notice of which was properly filed in	26947
accordance with section 317.09 of the Revised Code prior to the	26948
date that the foreclosure proceeding was instituted under section	26949
5721.37 of the Revised Code and which was foreclosed in accordance	26950
with 28 U.S.C. 2410(c);	26951

(B) Easements and covenants of record running with the land	26952
that were created prior to the time the taxes or assessments, for	26953
the nonpayment of which a tax certificate was issued, became due	26954
and payable.	26955

Sec. 5721.41. ~~Interest~~All interest required under sections	26956
5721.30 to 5721.43 of the Revised Code is simple interest, to be	26957
calculated on a principal amount and not compounded on earned	26958
interest. The interest charged shall equal one-twelfth of the	26959
annual interest rate multiplied by the principal amount. Interest	26960
charges under those sections shall accrue on a monthly basis, on	26961
the first day of the month following the beginning of the period	26962
during which interest accrues and on the first day of each	26963
subsequent month. Notwithstanding the preceding sentence, the six	26964
per cent charge described in division (E)(1)(b) of section	26965
5721.30 of the Revised Code shall apply even if the tax	26966
certificate is redeemed before the first day of the month	26967
following the date that the certificate is purchased.	26968

Sec. 5721.42. ~~Not less than sixty nor more than ninety days~~	26969
~~following the date set by~~After the settlement required under	26970
division (C) of section ~~323.12 or 323.17~~321.24 of the Revised	26971
Code ~~for the payment of the second installment of current taxes~~,	26972
the county treasurer shall notify the certificate holder of the	26973
most recently issued tax certificate, by ordinary first class or	26974
certified mail or by binary means, that the certificate holder	26975
may ~~pay~~purchase a subsequent tax certificate by paying all	26976
delinquent taxes~~, assessments, penalties, interest, and charges~~ on	26977
the related certificate parcel, the lien against which has not	26978
been transferred by the sale of a tax certificate. During the	26979
thirty days after receiving the notice, the certificate holder	26980
possesses the exclusive right to purchase the subsequent tax	26981
certificate by paying those amounts to the county treasurer. The	26982
amount of the payment shall constitute a separate lien against	26983
the certificate parcel that shall be evidenced by the issuance	26984
by the treasurer to the certificate holder of an additional tax	26985
certificate with respect to the delinquent taxes~~, assessments,~~	26986
~~penalties, interest, and fees~~ so paid on the related certificate	26987
parcel. The amount of the payment as set forth in the tax	26988
certificate shall earn interest at the rate of eighteen per cent	26989
per year.	26990

Sec. 5721.43. (A) NoWithout the prior written consent of the	26991
county treasurer, no person shall directly, through an agent, or	26992
otherwise, initiate contact with the owner of a parcel with	26993
respect to which the person holds a tax certificate to encourage	26994
or demand payment before one year has elapsed following the	26995
purchase of the certificate.	26996

(B) A county treasurer may bar any person who violates	26997
division (A) of this section from bidding at a tax certificate	26998
sale conducted by the treasurer.	26999

(C)(1) The attorney general or county prosecuting attorney,	27000
upon written request of a county treasurer, shall bring an action	27001
for an injunction against any person who has violated, is	27002
violating, or is threatening to violate division (A) of this	27003
section.	27004

(2) Any person who violates division (A) of this section	27005
shall be assessed a civil penalty of not more than five thousand	27006
dollars for each offense to be paid into the state treasury to the	27007
credit of the general revenue fund. Upon written request of a	27008
county treasurer, the attorney general or county prosecuting	27009
attorney shall commence an action against any such violator. Any	27010
action under this division is a civil action, governed by the	27011
Rules of Civil Procedure and other rules of practice and procedure	27012
applicable to civil actions.	27013

Sec. 5727.84. (A) As used in this section and sections	27014
5727.85, 5727.86, and 5727.87 of the Revised Code:	27015

(1) "School district" means a city, local, or exempted	27016
village school district.	27017

(2) "Joint vocational school district" means a joint	27018
vocational school district created under section 3311.16 of the	27019
Revised Code, and includes a cooperative education school district	27020
created under section 3311.52 or 3311.521 of the Revised Code and	27021
a county school financing district created under section 3311.50	27022
of the Revised Code.	27023

(3) "Local taxing unit" means a subdivision or taxing unit,	27024
as defined in section 5705.01 of the Revised Code, a park district	27025
created under Chapter 1545. of the Revised Code, or a township	27026
park district established under section 511.23 of the Revised	27027
Code, but excludes school districts and joint vocational school	27028
districts.	27029

(4) "State education aid," for a school district, means the	27030
sum of state aid amounts computed for the district under	27031
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	27032
3317.022; divisions (B), (C), and (D) of section 3317.023;	27033
divisions (G), (L), and (N) of section 3317.024; and sections	27034
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	27035
3317.053 of the Revised Code; and the adjustments required by:	27036
division (C) of section 3310.08; division (C)(2) of section	27037
3310.41; division (C) of section 3314.08; division (D)(2) of	27038
section 3314.091; division (D) of section 3314.13; divisions (E),	27039
(K), (L), (M), and (N)~~, and (O)~~ of section 3317.023; division	27040
(C) of section 3317.20; and sections 3313.979 and 3313.981 of	27041
the Revised Code. However, when calculating state education aid	27042
for a school district for fiscal years 2008 and 2009, include	27043
the amount computed for the district under Section 269.20.80	27044
of H.B. 119 of the 127th general assembly, as subsequently	27045
amended, instead of division (D) of section 3317.022 of the	27046
Revised Code; include amounts calculated under Section	27047
269.30.80 of this act, as subsequently amended; and account for	27048
adjustments under division (C)(2) of section 3310.41 of the	27049
Revised Code.	27050

(5) "State education aid," for a joint vocational school	27051
district, means the sum of the state aid amounts computed for the	27052
district under division (N) of section 3317.024 and section	27053
3317.16 of the Revised Code. However, when calculating state	27054
education aid for a joint vocational school district for fiscal	27055
years 2008 and 2009, include the amount computed for the district	27056
under Section 269.30.90 of H.B. 119 of the 127th general	27057
assembly, as subsequently amended.	27058

(6) "State education aid offset" means the amount determined	27059
for each school district or joint vocational school district under	27060
division (A)(1) of section 5727.85 of the Revised Code.	27061

(7) "Recognized valuation" has the same meaning as in section	27062
3317.02 of the Revised Code.	27063

(8) "Electric company tax value loss" means the amount	27064
determined under division (D) of this section.	27065

(9) "Natural gas company tax value loss" means the amount	27066
determined under division (E) of this section.	27067

(10) "Tax value loss" means the sum of the electric company	27068
tax value loss and the natural gas company tax value loss.	27069

(11) "Fixed-rate levy" means any tax levied on property other	27070
than a fixed-sum levy.	27071

(12) "Fixed-rate levy loss" means the amount determined under	27072
division (G) of this section.	27073

(13) "Fixed-sum levy" means a tax levied on property at	27074
whatever rate is required to produce a specified amount of tax	27075
money or levied in excess of the ten-mill limitation to pay debt	27076
charges, and includes school district emergency levies imposed	27077
pursuant to section 5705.194 of the Revised Code.	27078

(14) "Fixed-sum levy loss" means the amount determined under	27079
division (H) of this section.	27080

(15) "Consumer price index" means the consumer price index	27081
(all items, all urban consumers) prepared by the bureau of labor	27082
statistics of the United States department of labor.	27083

(B) The kilowatt-hour tax receipts fund is hereby created in	27084
the state treasury and shall consist of money arising from the tax	27085
imposed by section 5727.81 of the Revised Code. All money in the	27086
kilowatt-hour tax receipts fund shall be credited as follows:	27087

(1) Sixty-three per cent shall be credited to the general	27088
revenue fund.	27089

(2) Twenty-five and four-tenths per cent shall be credited to	27090
the school district property tax replacement fund, which is hereby	27091
created in the state treasury for the purpose of making the	27092
payments described in section 5727.85 of the Revised Code.	27093

(3) Eleven and six-tenths per cent shall be credited to the	27094
local government property tax replacement fund, which is hereby	27095
created in the state treasury for the purpose of making the	27096
payments described in section 5727.86 of the Revised Code.	27097

(C) The natural gas tax receipts fund is hereby created in	27098
the state treasury and shall consist of money arising from the tax	27099
imposed by section 5727.811 of the Revised Code. All money in the	27100
fund shall be credited as follows:	27101

(1) Sixty-eight and seven-tenths per cent shall be credited	27102
to the school district property tax replacement fund for the	27103
purpose of making the payments described in section 5727.85 of the	27104
Revised Code.	27105

(2) Thirty-one and three-tenths per cent shall be credited to	27106
the local government property tax replacement fund for the purpose	27107
of making the payments described in section 5727.86 of the Revised	27108
Code.	27109

(D) Not later than January 1, 2002, the tax commissioner	27110
shall determine for each taxing district its electric company tax	27111
value loss, which is the sum of the applicable amounts described	27112
in divisions (D)(1) to (4) of this section:	27113

(1) The difference obtained by subtracting the amount	27114
described in division (D)(1)(b) from the amount described in	27115
division (D)(1)(a) of this section.	27116

(a) The value of electric company and rural electric company	27117
tangible personal property as assessed by the tax commissioner for	27118
tax year 1998 on a preliminary assessment, or an amended	27119
preliminary assessment if issued prior to March 1, 1999, and as	27120
apportioned to the taxing district for tax year 1998;	27121

(b) The value of electric company and rural electric company	27122
tangible personal property as assessed by the tax commissioner for	27123
tax year 1998 had the property been apportioned to the taxing	27124
district for tax year 2001, and assessed at the rates in effect	27125
for tax year 2001.	27126

(2) The difference obtained by subtracting the amount	27127
described in division (D)(2)(b) from the amount described in	27128
division (D)(2)(a) of this section.	27129

(a) The three-year average for tax years 1996, 1997, and 1998	27130
of the assessed value from nuclear fuel materials and assemblies	27131
assessed against a person under Chapter 5711. of the Revised Code	27132
from the leasing of them to an electric company for those	27133
respective tax years, as reflected in the preliminary assessments;	27134

(b) The three-year average assessed value from nuclear fuel	27135
materials and assemblies assessed under division (D)(2)(a) of this	27136
section for tax years 1996, 1997, and 1998, as reflected in the	27137
preliminary assessments, using an assessment rate of twenty-five	27138
per cent.	27139

(3) In the case of a taxing district having a nuclear power	27140
plant within its territory, any amount, resulting in an electric	27141
company tax value loss, obtained by subtracting the amount	27142
described in division (D)(1) of this section from the difference	27143
obtained by subtracting the amount described in division (D)(3)(b)	27144
of this section from the amount described in division (D)(3)(a) of	27145
this section.	27146

(a) The value of electric company tangible personal property	27147
as assessed by the tax commissioner for tax year 2000 on a	27148
preliminary assessment, or an amended preliminary assessment if	27149
issued prior to March 1, 2001, and as apportioned to the taxing	27150
district for tax year 2000;	27151

(b) The value of electric company tangible personal property	27152
as assessed by the tax commissioner for tax year 2001 on a	27153
preliminary assessment, or an amended preliminary assessment if	27154
issued prior to March 1, 2002, and as apportioned to the taxing	27155
district for tax year 2001.	27156

(4) In the case of a taxing district having a nuclear power	27157
plant within its territory, the difference obtained by subtracting	27158
the amount described in division (D)(4)(b) of this section from	27159
the amount described in division (D)(4)(a) of this section,	27160
provided that such difference is greater than ten per cent of the	27161
amount described in division (D)(4)(a) of this section.	27162

(a) The value of electric company tangible personal property	27163
as assessed by the tax commissioner for tax year 2005 on a	27164
preliminary assessment, or an amended preliminary assessment if	27165
issued prior to March 1, 2006, and as apportioned to the taxing	27166
district for tax year 2005;	27167

(b) The value of electric company tangible personal property	27168
as assessed by the tax commissioner for tax year 2006 on a	27169
preliminary assessment, or an amended preliminary assessment if	27170
issued prior to March 1, 2007, and as apportioned to the taxing	27171
district for tax year 2006.	27172

(E) Not later than January 1, 2002, the tax commissioner	27173
shall determine for each taxing district its natural gas company	27174
tax value loss, which is the sum of the amounts described in	27175
divisions (E)(1) and (2) of this section:	27176

(1) The difference obtained by subtracting the amount	27177
described in division (E)(1)(b) from the amount described in	27178
division (E)(1)(a) of this section.	27179

(a) The value of all natural gas company tangible personal	27180
property, other than property described in division (E)(2) of this	27181
section, as assessed by the tax commissioner for tax year 1999 on	27182
a preliminary assessment, or an amended preliminary assessment if	27183
issued prior to March 1, 2000, and apportioned to the taxing	27184
district for tax year 1999;	27185

(b) The value of all natural gas company tangible personal	27186
property, other than property described in division (E)(2) of this	27187
section, as assessed by the tax commissioner for tax year 1999 had	27188
the property been apportioned to the taxing district for tax year	27189
2001, and assessed at the rates in effect for tax year 2001.	27190

(2) The difference in the value of current gas obtained by	27191
subtracting the amount described in division (E)(2)(b) from the	27192
amount described in division (E)(2)(a) of this section.	27193

(a) The three-year average assessed value of current gas as	27194
assessed by the tax commissioner for tax years 1997, 1998, and	27195
1999 on a preliminary assessment, or an amended preliminary	27196
assessment if issued prior to March 1, 2001, and as apportioned in	27197
the taxing district for those respective years;	27198

(b) The three-year average assessed value from current gas	27199
under division (E)(2)(a) of this section for tax years 1997, 1998,	27200
and 1999, as reflected in the preliminary assessment, using an	27201
assessment rate of twenty-five per cent.	27202

(F) The tax commissioner may request that natural gas	27203
companies, electric companies, and rural electric companies file a	27204
report to help determine the tax value loss under divisions (D)	27205
and (E) of this section. The report shall be filed within thirty	27206
days of the commissioner's request. A company that fails to file	27207
the report or does not timely file the report is subject to the	27208
penalty in section 5727.60 of the Revised Code.	27209

(G) Not later than January 1, 2002, the tax commissioner	27210
shall determine for each school district, joint vocational school	27211
district, and local taxing unit its fixed-rate levy loss, which is	27212
the sum of its electric company tax value loss multiplied by the	27213
tax rate in effect in tax year 1998 for fixed-rate levies and its	27214
natural gas company tax value loss multiplied by the tax rate in	27215
effect in tax year 1999 for fixed-rate levies.	27216

(H) Not later than January 1, 2002, the tax commissioner	27217
shall determine for each school district, joint vocational school	27218
district, and local taxing unit its fixed-sum levy loss, which is	27219
the amount obtained by subtracting the amount described in	27220
division (H)(2) of this section from the amount described in	27221
division (H)(1) of this section:	27222

(1) The sum of the electric company tax value loss multiplied	27223
by the tax rate in effect in tax year 1998, and the natural gas	27224
company tax value loss multiplied by the tax rate in effect in tax	27225
year 1999, for fixed-sum levies for all taxing districts within	27226
each school district, joint vocational school district, and local	27227
taxing unit. For the years 2002 through 2006, this computation	27228
shall include school district emergency levies that existed in	27229
1998 in the case of the electric company tax value loss, and 1999	27230
in the case of the natural gas company tax value loss, and all	27231
other fixed-sum levies that existed in 1998 in the case of the	27232
electric company tax value loss and 1999 in the case of the	27233
natural gas company tax value loss and continue to be charged in	27234
the tax year preceding the distribution year. For the years 2007	27235
through 2016 in the case of school district emergency levies, and	27236
for all years after 2006 in the case of all other fixed-sum	27237
levies, this computation shall exclude all fixed-sum levies that	27238
existed in 1998 in the case of the electric company tax value loss	27239
and 1999 in the case of the natural gas company tax value loss,	27240
but are no longer in effect in the tax year preceding the	27241
distribution year. For the purposes of this section, an emergency	27242
levy that existed in 1998 in the case of the electric company tax	27243
value loss, and 1999 in the case of the natural gas company tax	27244
value loss, continues to exist in a year beginning on or after	27245
January 1, 2007, but before January 1, 2017, if, in that year, the	27246
board of education levies a school district emergency levy for an	27247
annual sum at least equal to the annual sum levied by the board in	27248
tax year 1998 or 1999, respectively, less the amount of the	27249
payment certified under this division for 2002.	27250

(2) The total taxable value in tax year 1999 less the tax	27251
value loss in each school district, joint vocational school	27252
district, and local taxing unit multiplied by one-fourth of one	27253
mill.	27254

If the amount computed under division (H) of this section for	27255
any school district, joint vocational school district, or local	27256
taxing unit is greater than zero, that amount shall equal the	27257
fixed-sum levy loss reimbursed pursuant to division (E) of section	27258
5727.85 of the Revised Code or division (A)(2) of section 5727.86	27259
of the Revised Code, and the one-fourth of one mill that is	27260
subtracted under division (H)(2) of this section shall be	27261
apportioned among all contributing fixed-sum levies in the	27262
proportion of each levy to the sum of all fixed-sum levies within	27263
each school district, joint vocational school district, or local	27264
taxing unit.	27265

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	27266
section, in computing the tax value loss, fixed-rate levy loss,	27267
and fixed-sum levy loss, the tax commissioner shall use the	27268
greater of the 1998 tax rate or the 1999 tax rate in the case of	27269
levy losses associated with the electric company tax value loss,	27270
but the 1999 tax rate shall not include for this purpose any tax	27271
levy approved by the voters after June 30, 1999, and the tax	27272
commissioner shall use the greater of the 1999 or the 2000 tax	27273
rate in the case of levy losses associated with the natural gas	27274
company tax value loss.	27275

(J) Not later than January 1, 2002, the tax commissioner	27276
shall certify to the department of education the tax value loss	27277
determined under divisions (D) and (E) of this section for each	27278
taxing district, the fixed-rate levy loss calculated under	27279
division (G) of this section, and the fixed-sum levy loss	27280
calculated under division (H) of this section. The calculations	27281
under divisions (G) and (H) of this section shall separately	27282
display the levy loss for each levy eligible for reimbursement.	27283

(K) Not later than September 1, 2001, the tax commissioner	27284
shall certify the amount of the fixed-sum levy loss to the county	27285
auditor of each county in which a school district with a fixed-sum	27286
levy loss has territory.	27287

Sec. 5727.85. (A) By the thirty-first day of July of each	27288
year, beginning in 2002 and ending in 2016, the department of	27289
education shall determine the following for each school district	27290
and each joint vocational school district ~~eligible for payment~~	27291
~~under division (C) or (D) of this section~~:	27292

(1) The state education aid offset, which is the difference	27293
obtained by subtracting the amount described in division (A)(1)(b)	27294
of this section from the amount described in division (A)(1)(a) of	27295
this section:	27296

(a) The state education aid computed for the school district	27297
or joint vocational school district for the current fiscal year as	27298
of the thirty-first day of July;	27299

(b) The state education aid that would be computed for the	27300
school district or joint vocational school district for the	27301
current fiscal year as of the thirty-first day of July if the	27302
recognized valuation included the tax value loss for the school	27303
district or joint vocational school district.	27304

(2) The greater of zero or the difference obtained by	27305
subtracting the state education aid offset determined under	27306
division (A)(1) of this section from the fixed-rate levy loss	27307
certified under division (J) of section 5727.84 of the Revised	27308
Code for all taxing districts in each school district and joint	27309
vocational school district.	27310

By the fifth day of August of each such year, the department	27311
of education shall certify the amount so determined under division	27312
(A)(1) of this section to the director of budget and management.	27313

(B) Not later than the thirty-first day of October of the	27314
years 2006 through 2016, the department of education shall	27315
determine all of the following for each school district:	27316

(1) The amount obtained by subtracting the district's state	27317
education aid computed for fiscal year 2002 from the district's	27318
state education aid computed for the current fiscal year as of the	27319
fifteenth day of July, by including in the definition of	27320
recognized valuation the machinery and equipment, inventory,	27321
furniture and fixtures, and telephone property tax value losses,	27322
as defined in section 5751.20 of the Revised Code, for the school	27323
district or joint vocational school district for the preceding tax	27324
year;	27325

(2) The inflation-adjusted property tax loss. The	27326
inflation-adjusted property tax loss equals the fixed-rate levy	27327
loss, excluding the tax loss from levies within the ten-mill	27328
limitation to pay debt charges, determined under division (G) of	27329
section 5727.84 of the Revised Code for all taxing districts in	27330
each school district, plus the product obtained by multiplying	27331
that loss by the cumulative percentage increase in the consumer	27332
price index from January 1, 2002, to the thirtieth day of June of	27333
the current year.	27334

(3) The difference obtained by subtracting the amount	27335
computed under division (B)(1) from the amount of the	27336
inflation-adjusted property tax loss. If this difference is zero	27337
or a negative number, no further payments shall be made under	27338
division (C) of this section to the school district from the	27339
school district property tax replacement fund.	27340

(C) The department of education shall pay from the school	27341
district property tax replacement fund to each school district all	27342
of the following:	27343

(1) In February 2002, one-half of the fixed-rate levy loss	27344
certified under division (J) of section 5727.84 of the Revised	27345
Code between the twenty-first and twenty-eighth days of February.	27346

(2) From August 2002 through August 2017, one-half of the	27347
amount calculated for that fiscal year under division (A)(2) of	27348
this section between the twenty-first and twenty-eighth days of	27349
August and of February, provided the difference computed under	27350
division (B)(3) of this section is not less than or equal to zero.	27351

For taxes levied within the ten-mill limitation for debt	27352
purposes in tax year 1998 in the case of electric company tax	27353
value losses, and in tax year 1999 in the case of natural gas	27354
company tax value losses, payments shall be made equal to one	27355
hundred per cent of the loss computed as if the tax were a	27356
fixed-rate levy, but those payments shall extend from fiscal year	27357
2006 through fiscal year 2016.	27358

The department of education shall report to each school	27359
district the apportionment of the payments among the school	27360
district's funds based on the certifications under division (J) of	27361
section 5727.84 of the Revised Code.	27362

(D) Not later than January 1, 2002, for all taxing districts	27363
in each joint vocational school district, the tax commissioner	27364
shall certify to the department of education the fixed-rate levy	27365
loss determined under division (G) of section 5727.84 of the	27366
Revised Code. From February 2002 to August 2016, the department	27367
shall pay from the school district property tax replacement fund	27368
to the joint vocational school district one-half of the amount	27369
calculated for that fiscal year under division (A)(2) of this	27370
section between the twenty-first and twenty-eighth days of August	27371
and of February.	27372

(E)(1) Not later than January 1, 2002, for each fixed-sum	27373
levy levied by each school district or joint vocational school	27374
district and for each year for which a determination is made under	27375
division (H) of section 5727.84 of the Revised Code that a	27376
fixed-sum levy loss is to be reimbursed, the tax commissioner	27377
shall certify to the department of education the fixed-sum levy	27378
loss determined under that division. The certification shall cover	27379
a time period sufficient to include all fixed-sum levies for which	27380
the tax commissioner made such a determination. The department	27381
shall pay from the school district property tax replacement fund	27382
to the school district or joint vocational school district	27383
one-half of the fixed-sum levy loss so certified for each year	27384
between the twenty-first and twenty-eighth days of August and of	27385
February.	27386

(2) Beginning in 2003, by the thirty-first day of January of	27387
each year, the tax commissioner shall review the certification	27388
originally made under division (E)(1) of this section. If the	27389
commissioner determines that a debt levy that had been scheduled	27390
to be reimbursed in the current year has expired, a revised	27391
certification for that and all subsequent years shall be made to	27392
the department of education.	27393

(F) If the balance of the half-mill equalization fund created	27394
under section 3318.18 of the Revised Code is insufficient to make	27395
the full amount of payments required under division (D) of that	27396
section, the department of education, at the end of the third	27397
quarter of the fiscal year, shall certify to the director of	27398
budget and management the amount of the deficiency, and the	27399
director shall transfer an amount equal to the deficiency from the	27400
school district property tax replacement fund to the half-mill	27401
equalization fund.	27402

(G) Beginning in August 2002, and ending in May 2017, the	27403
director of budget and management shall transfer from the school	27404
district property tax replacement fund to the general revenue fund	27405
each of the following:	27406

(1) Between the twenty-eighth day of August and the fifth day	27407
of September, the lesser of one-half of the amount certified for	27408
that fiscal year under division (A)(2) of this section or the	27409
balance in the school district property tax replacement fund;	27410

(2) Between the first and fifth days of May, the lesser of	27411
one-half of the amount certified for that fiscal year under	27412
division (A)(2) of this section or the balance in the school	27413
district property tax replacement fund.	27414

(H) On the first day of June each year, the director of	27415
budget and management shall transfer any balance remaining in the	27416
school district property tax replacement fund after the payments	27417
have been made under divisions (C), (D), (E), (F), and (G) of this	27418
section to the half-mill equalization fund created under section	27419
3318.18 of the Revised Code to the extent required to make any	27420
payments in the current fiscal year under that section, and shall	27421
transfer the remaining balance to the general revenue fund.	27422

(I) From fiscal year 2002 through fiscal year 2016, if the	27423
total amount in the school district property tax replacement fund	27424
is insufficient to make all payments under divisions (C), (D),	27425
(E), and (F) of this section at the time the payments are to be	27426
made, the director of budget and management shall transfer from	27427
the general revenue fund to the school district property tax	27428
replacement fund the difference between the total amount to be	27429
paid and the total amount in the school district property tax	27430
replacement fund, except that no transfer shall be made by reason	27431
of a deficiency to the extent that it results from the amendment	27432
of section 5727.84 of the Revised Code by Amended Substitute House	27433
Bill No. 95 of the 125th general assembly.	27434

(J) If all of the territory of a school district or joint	27435
vocational school district is merged with an existing district, or	27436
if a part of the territory of a school district or joint	27437
vocational school district is transferred to an existing or new	27438
district, the department of education, in consultation with the	27439
tax commissioner, shall adjust the payments made under this	27440
section as follows:	27441

(1) For the merger of all of the territory of two or more	27442
districts, the fixed-rate levy loss and the fixed-sum levy loss of	27443
the successor district shall be equal to the sum of the fixed-rate	27444
levy losses and the fixed-sum levy losses for each of the	27445
districts involved in the merger.	27446

(2) For the transfer of a part of one district's territory to	27447
an existing district, the amount of the fixed-rate levy loss that	27448
is transferred to the recipient district shall be an amount equal	27449
to the transferring district's total fixed-rate levy loss times a	27450
fraction, the numerator of which is the value of electric company	27451
tangible personal property located in the part of the territory	27452
that was transferred, and the denominator of which is the total	27453
value of electric company tangible personal property located in	27454
the entire district from which the territory was transferred. The	27455
value of electric company tangible personal property under this	27456
division shall be determined for the most recent year for which	27457
data is available. Fixed-sum levy losses for both districts shall	27458
be determined under division (J)(4) of this section.	27459

(3) For the transfer of a part of the territory of one or	27460
more districts to create a new district:	27461

(a) If the new district is created on or after January 1,	27462
2000, but before January 1, 2005, the new district shall be paid	27463
its current fixed-rate levy loss through August 2009. From	27464
February 2010 to August 2016, the new district shall be paid the	27465
lesser of: (i) the amount calculated under division (C)(2) of	27466
this section or (ii) an amount equal to the new district's	27467
fixed-rate levy loss multiplied by the percentage prescribed by	27468
the following schedule:	27469

YEAR	PERCENTAGE	27470
2010	70%	27471
2011	70%	27472
2012	60%	27473
2013	50%	27474
2014	40%	27475
2015	24%	27476
2016	11.5%	27477
2017 and thereafter	0%	27478

Fixed-sum levy losses for the districts shall be determined	27479
under division (J)(4) of this section.	27480

(b) If the new district is created on or after January 1,	27481
2005, the new district shall be deemed not to have any fixed-rate	27482
levy loss or, except as provided in division (J)(4) of this	27483
section, fixed-sum levy loss. The district or districts from which	27484
the territory was transferred shall have no reduction in their	27485
fixed-rate levy loss, or, except as provided in division (J)(4) of	27486
this section, their fixed-sum levy loss.	27487

(4) If a recipient district under division (J)(2) of this	27488
section or a new district under division (J)(3)(a) or (b) of this	27489
section takes on debt from one or more of the districts from which	27490
territory was transferred, and any of the districts transferring	27491
the territory had fixed-sum levy losses, the department of	27492
education, in consultation with the tax commissioner, shall make	27493
an equitable division of the fixed-sum levy losses.	27494

(K) There is hereby created the public utility property tax	27495
study committee, effective January 1, 2011. The committee shall	27496
consist of the following seven members: the tax commissioner,	27497
three members of the senate appointed by the president of the	27498
senate, and three members of the house of representatives	27499
appointed by the speaker of the house of representatives. The	27500
appointments shall be made not later than January 31, 2011. The	27501
tax commissioner shall be the chairperson of the committee.	27502

The committee shall study the extent to which each school	27503
district or joint vocational school district has been compensated,	27504
under sections 5727.84 and 5727.85 of the Revised Code as enacted	27505
by Substitute Senate Bill No. 3 of the 123rd general assembly and	27506
any subsequent acts, for the property tax loss caused by the	27507
reduction in the assessment rates for natural gas, electric, and	27508
rural electric company tangible personal property. Not later than	27509
June 30, 2011, the committee shall issue a report of its findings,	27510
including any recommendations for providing additional	27511
compensation for the property tax loss or regarding remedial	27512
legislation, to the president of the senate and the speaker of the	27513
house of representatives, at which time the committee shall cease	27514
to exist.	27515

The department of taxation and department of education shall	27516
provide such information and assistance as is required for the	27517
committee to carry out its duties.	27518

Sec. 5739.01. As used in this chapter:

27519

(A) "Person" includes individuals, receivers, assignees,	27520
trustees in bankruptcy, estates, firms, partnerships,	27521
associations, joint-stock companies, joint ventures, clubs,	27522
societies, corporations, the state and its political subdivisions,	27523
and combinations of individuals of any form.	27524

(B) "Sale" and "selling" include all of the following	27525
transactions for a consideration in any manner, whether absolutely	27526
or conditionally, whether for a price or rental, in money or by	27527
exchange, and by any means whatsoever:	27528

(1) All transactions by which title or possession, or both,	27529
of tangible personal property, is or is to be transferred, or a	27530
license to use or consume tangible personal property is or is to	27531
be granted;	27532

(2) All transactions by which lodging by a hotel is or is to	27533
be furnished to transient guests;	27534

(3) All transactions by which:

27535

(a) An item of tangible personal property is or is to be	27536
repaired, except property, the purchase of which would not be	27537
subject to the tax imposed by section 5739.02 of the Revised Code;	27538

(b) An item of tangible personal property is or is to be	27539
installed, except property, the purchase of which would not be	27540
subject to the tax imposed by section 5739.02 of the Revised Code	27541
or property that is or is to be incorporated into and will become	27542
a part of a production, transmission, transportation, or	27543
distribution system for the delivery of a public utility service;	27544

(c) The service of washing, cleaning, waxing, polishing, or	27545
painting a motor vehicle is or is to be furnished;	27546

(d) Until August 1, 2003, industrial laundry cleaning	27547
services are or are to be provided and, on and after August 1,	27548
2003, laundry and dry cleaning services are or are to be provided;	27549

(e) Automatic data processing, computer services, or	27550
electronic information services are or are to be provided for use	27551
in business when the true object of the transaction is the receipt	27552
by the consumer of automatic data processing, computer services,	27553
or electronic information services rather than the receipt of	27554
personal or professional services to which automatic data	27555
processing, computer services, or electronic information services	27556
are incidental or supplemental. Notwithstanding any other	27557
provision of this chapter, such transactions that occur between	27558
members of an affiliated group are not sales. An "affiliated	27559
group" means two or more persons related in such a way that one	27560
person owns or controls the business operation of another member	27561
of the group. In the case of corporations with stock, one	27562
corporation owns or controls another if it owns more than fifty	27563
per cent of the other corporation's common stock with voting	27564
rights.	27565

(f) Telecommunications service, including prepaid calling	27566
service, prepaid wireless calling service, or ancillary service,	27567
is or is to be provided, but not including coin-operated telephone	27568
service;	27569

(g) Landscaping and lawn care service is or is to be	27570
provided;	27571

(h) Private investigation and security service is or is to be	27572
provided;	27573

(i) Information services or tangible personal property is	27574
provided or ordered by means of a nine hundred telephone call;	27575

(j) Building maintenance and janitorial service is or is to	27576
be provided;	27577

(k) Employment service is or is to be provided;

27578

(l) Employment placement service is or is to be provided;

27579

(m) Exterminating service is or is to be provided;

27580

(n) Physical fitness facility service is or is to be	27581
provided;	27582

(o) Recreation and sports club service is or is to be	27583
provided;	27584

(p) On and after August 1, 2003, satellite broadcasting	27585
service is or is to be provided;	27586

(q) On and after August 1, 2003, personal care service is or	27587
is to be provided to an individual. As used in this division,	27588
"personal care service" includes skin care, the application of	27589
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	27590
piercing, tanning, massage, and other similar services. "Personal	27591
care service" does not include a service provided by or on the	27592
order of a licensed physician or licensed chiropractor, or the	27593
cutting, coloring, or styling of an individual's hair.	27594

(r) On and after August 1, 2003, the transportation of	27595
persons by motor vehicle or aircraft is or is to be provided, when	27596
the transportation is entirely within this state, except for	27597
transportation provided by an ambulance service, by a transit bus,	27598
as defined in section 5735.01 of the Revised Code, and	27599
transportation provided by a citizen of the United States holding	27600
a certificate of public convenience and necessity issued under 49	27601
U.S.C. 41102;	27602

(s) On and after August 1, 2003, motor vehicle towing service	27603
is or is to be provided. As used in this division, "motor vehicle	27604
towing service" means the towing or conveyance of a wrecked,	27605
disabled, or illegally parked motor vehicle.	27606

(t) On and after August 1, 2003, snow removal service is or	27607
is to be provided. As used in this division, "snow removal	27608
service" means the removal of snow by any mechanized means, but	27609
does not include the providing of such service by a person that	27610
has less than five thousand dollars in sales of such service	27611
during the calendar year.	27612

(u) Electronic publishing service is or is to be provided to	27613
a consumer for use in business, except that such transactions	27614
occurring between members of an affiliated group, as defined in	27615
division (B)(3)(e) of this section, are not sales.	27616

(4) All transactions by which printed, imprinted,	27617
overprinted, lithographic, multilithic, blueprinted, photostatic,	27618
or other productions or reproductions of written or graphic matter	27619
are or are to be furnished or transferred;	27620

(5) The production or fabrication of tangible personal	27621
property for a consideration for consumers who furnish either	27622
directly or indirectly the materials used in the production of	27623
fabrication work; and include the furnishing, preparing, or	27624
serving for a consideration of any tangible personal property	27625
consumed on the premises of the person furnishing, preparing, or	27626
serving such tangible personal property. Except as provided in	27627
section 5739.03 of the Revised Code, a construction contract	27628
pursuant to which tangible personal property is or is to be	27629
incorporated into a structure or improvement on and becoming a	27630
part of real property is not a sale of such tangible personal	27631
property. The construction contractor is the consumer of such	27632
tangible personal property, provided that the sale and	27633
installation of carpeting, the sale and installation of	27634
agricultural land tile, the sale and erection or installation of	27635
portable grain bins, or the provision of landscaping and lawn care	27636
service and the transfer of property as part of such service is	27637
never a construction contract.	27638

As used in division (B)(5) of this section:

27639

(a) "Agricultural land tile" means fired clay or concrete	27640
tile, or flexible or rigid perforated plastic pipe or tubing,	27641
incorporated or to be incorporated into a subsurface drainage	27642
system appurtenant to land used or to be used directly in	27643
production by farming, agriculture, horticulture, or floriculture.	27644
The term does not include such materials when they are or are to	27645
be incorporated into a drainage system appurtenant to a building	27646
or structure even if the building or structure is used or to be	27647
used in such production.	27648

(b) "Portable grain bin" means a structure that is used or to	27649
be used by a person engaged in farming or agriculture to shelter	27650
the person's grain and that is designed to be disassembled without	27651
significant damage to its component parts.	27652

(6) All transactions in which all of the shares of stock of a	27653
closely held corporation are transferred, if the corporation is	27654
not engaging in business and its entire assets consist of boats,	27655
planes, motor vehicles, or other tangible personal property	27656
operated primarily for the use and enjoyment of the shareholders;	27657

(7) All transactions in which a warranty, maintenance or	27658
service contract, or similar agreement by which the vendor of the	27659
warranty, contract, or agreement agrees to repair or maintain the	27660
tangible personal property of the consumer is or is to be	27661
provided;	27662

(8) The transfer of copyrighted motion picture films used	27663
solely for advertising purposes, except that the transfer of such	27664
films for exhibition purposes is not a sale.;	27665

(9) On and after August 1, 2003, all transactions by which	27666
tangible personal property is or is to be stored, except such	27667
property that the consumer of the storage holds for sale in the	27668
regular course of business;	27669

(10) All transactions in which "guaranteed auto protection"	27670
is provided whereby a person promises to pay to the consumer the	27671
difference between the amount the consumer receives from motor	27672
vehicle insurance and the amount the consumer owes to a person	27673
holding title to or a lien on the consumer's motor vehicle in the	27674
event the consumer's motor vehicle suffers a total loss under the	27675
terms of the motor vehicle insurance policy or is stolen and not	27676
recovered, if the protection and its price are included in the	27677
purchase or lease agreement.	27678

Except as provided in this section, "sale" and "selling" do	27679
not include transfers of interest in leased property where the	27680
original lessee and the terms of the original lease agreement	27681
remain unchanged, or professional, insurance, or personal service	27682
transactions that involve the transfer of tangible personal	27683
property as an inconsequential element, for which no separate	27684
charges are made.	27685

(C) "Vendor" means the person providing the service or by	27686
whom the transfer effected or license given by a sale is or is to	27687
be made or given and, for sales described in division (B)(3)(i) of	27688
this section, the telecommunications service vendor that provides	27689
the nine hundred telephone service; if two or more persons are	27690
engaged in business at the same place of business under a single	27691
trade name in which all collections on account of sales by each	27692
are made, such persons shall constitute a single vendor.	27693

Physicians, dentists, hospitals, and veterinarians who are	27694
engaged in selling tangible personal property as received from	27695
others, such as eyeglasses, mouthwashes, dentifrices, or similar	27696
articles, are vendors. Veterinarians who are engaged in	27697
transferring to others for a consideration drugs, the dispensing	27698
of which does not require an order of a licensed veterinarian or	27699
physician under federal law, are vendors.	27700

(D)(1) "Consumer" means the person for whom the service is	27701
provided, to whom the transfer effected or license given by a sale	27702
is or is to be made or given, to whom the service described in	27703
division (B)(3)(f) or (i) of this section is charged, or to whom	27704
the admission is granted.	27705

(2) Physicians, dentists, hospitals, and blood banks operated	27706
by nonprofit institutions and persons licensed to practice	27707
veterinary medicine, surgery, and dentistry are consumers of all	27708
tangible personal property and services purchased by them in	27709
connection with the practice of medicine, dentistry, the rendition	27710
of hospital or blood bank service, or the practice of veterinary	27711
medicine, surgery, and dentistry. In addition to being consumers	27712
of drugs administered by them or by their assistants according to	27713
their direction, veterinarians also are consumers of drugs that	27714
under federal law may be dispensed only by or upon the order of a	27715
licensed veterinarian or physician, when transferred by them to	27716
others for a consideration to provide treatment to animals as	27717
directed by the veterinarian.	27718

(3) A person who performs a facility management, or similar	27719
service contract for a contractee is a consumer of all tangible	27720
personal property and services purchased for use in connection	27721
with the performance of such contract, regardless of whether title	27722
to any such property vests in the contractee. The purchase of such	27723
property and services is not subject to the exception for resale	27724
under division (E)(1) of this section.	27725

(4)(a) In the case of a person who purchases printed matter	27726
for the purpose of distributing it or having it distributed to the	27727
public or to a designated segment of the public, free of charge,	27728
that person is the consumer of that printed matter, and the	27729
purchase of that printed matter for that purpose is a sale.	27730

(b) In the case of a person who produces, rather than	27731
purchases, printed matter for the purpose of distributing it or	27732
having it distributed to the public or to a designated segment of	27733
the public, free of charge, that person is the consumer of all	27734
~~tangile~~tangible personal property and services purchased for use	27735
or consumption in the production of that printed matter. That	27736
person is not entitled to claim exemption under division	27737
(B)(42)(f) of section 5739.02 of the Revised Code for any	27738
material incorporated into the printed matter or any equipment,	27739
supplies, or services primarily used to produce the printed	27740
matter.	27741

(c) The distribution of printed matter to the public or to a	27742
designated segment of the public, free of charge, is not a sale to	27743
the members of the public to whom the printed matter is	27744
distributed or to any persons who purchase space in the printed	27745
matter for advertising or other purposes.	27746

(5) A person who makes sales of any of the services listed in	27747
division (B)(3) of this section is the consumer of any tangible	27748
personal property used in performing the service. The purchase of	27749
that property is not subject to the resale exception under	27750
division (E)(1) of this section.	27751

(6) A person who engages in highway transportation for hire	27752
is the consumer of all packaging materials purchased by that	27753
person and used in performing the service, except for packaging	27754
materials sold by such person in a transaction separate from the	27755
service.	27756

(E) "Retail sale" and "sales at retail" include all sales,	27757
except those in which the purpose of the consumer is to resell the	27758
thing transferred or benefit of the service provided, by a person	27759
engaging in business, in the form in which the same is, or is to	27760
be, received by the person.	27761

(F) "Business" includes any activity engaged in by any person	27762
with the object of gain, benefit, or advantage, either direct or	27763
indirect. "Business" does not include the activity of a person in	27764
managing and investing the person's own funds.	27765

(G) "Engaging in business" means commencing, conducting, or	27766
continuing in business, and liquidating a business when the	27767
liquidator thereof holds itself out to the public as conducting	27768
such business. Making a casual sale is not engaging in business.	27769

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	27770
(3) of this section, means the total amount of consideration,	27771
including cash, credit, property, and services, for which tangible	27772
personal property or services are sold, leased, or rented, valued	27773
in money, whether received in money or otherwise, without any	27774
deduction for any of the following:	27775

(i) The vendor's cost of the property sold;

27776

(ii) The cost of materials used, labor or service costs,	27777
interest, losses, all costs of transportation to the vendor, all	27778
taxes imposed on the vendor, including the tax imposed under	27779
Chapter 5751. of the Revised Code, and any other expense of the	27780
vendor;	27781

(iii) Charges by the vendor for any services necessary to	27782
complete the sale;	27783

(iv) On and after August 1, 2003, delivery charges. As used	27784
in this division, "delivery charges" means charges by the vendor	27785
for preparation and delivery to a location designated by the	27786
consumer of tangible personal property or a service, including	27787
transportation, shipping, postage, handling, crating, and packing.	27788

(v) Installation charges;

27789

(vi) Credit for any trade-in.

27790

(b) "Price" includes consideration received by the vendor	27791
from a third party, if the vendor actually receives the	27792
consideration from a party other than the consumer, and the	27793
consideration is directly related to a price reduction or discount	27794
on the sale; the vendor has an obligation to pass the price	27795
reduction or discount through to the consumer; the amount of the	27796
consideration attributable to the sale is fixed and determinable	27797
by the vendor at the time of the sale of the item to the consumer;	27798
and one of the following criteria is met:	27799

(i) The consumer presents a coupon, certificate, or other	27800
document to the vendor to claim a price reduction or discount	27801
where the coupon, certificate, or document is authorized,	27802
distributed, or granted by a third party with the understanding	27803
that the third party will reimburse any vendor to whom the coupon,	27804
certificate, or document is presented;	27805

(ii) The consumer identifies the consumer's self to the	27806
seller as a member of a group or organization entitled to a price	27807
reduction or discount. A preferred customer card that is available	27808
to any patron does not constitute membership in such a group or	27809
organization.	27810

(iii) The price reduction or discount is identified as a	27811
third party price reduction or discount on the invoice received by	27812
the consumer, or on a coupon, certificate, or other document	27813
presented by the consumer.	27814

27815

(i) Discounts, including cash, term, or coupons that are not	27816
reimbursed by a third party that are allowed by a vendor and taken	27817
by a consumer on a sale;	27818

(ii) Interest, financing, and carrying charges from credit	27819
extended on the sale of tangible personal property or services, if	27820
the amount is separately stated on the invoice, bill of sale, or	27821
similar document given to the purchaser;	27822

(iii) Any taxes legally imposed directly on the consumer that	27823
are separately stated on the invoice, bill of sale, or similar	27824
document given to the consumer. For the purpose of this division,	27825
the tax imposed under Chapter 5751. of the Revised Code is not a	27826
tax directly on the consumer, even if the tax or a portion thereof	27827
is separately stated.	27828

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	27829
section, any discount allowed by an automobile manufacturer to its	27830
employee, or to the employee of a supplier, on the purchase of a	27831
new motor vehicle from a new motor vehicle dealer in this state.	27832

(2) In the case of a sale of any new motor vehicle by a new	27833
motor vehicle dealer, as defined in section 4517.01 of the Revised	27834
Code, in which another motor vehicle is accepted by the dealer as	27835
part of the consideration received, "price" has the same meaning	27836
as in division (H)(1) of this section, reduced by the credit	27837
afforded the consumer by the dealer for the motor vehicle received	27838
in trade.	27839

(3) In the case of a sale of any watercraft or outboard motor	27840
by a watercraft dealer licensed in accordance with section	27841
1547.543 of the Revised Code, in which another watercraft,	27842
watercraft and trailer, or outboard motor is accepted by the	27843
dealer as part of the consideration received, "price" has the same	27844
meaning as in division (H)(1) of this section, reduced by the	27845
credit afforded the consumer by the dealer for the watercraft,	27846
watercraft and trailer, or outboard motor received in trade. As	27847
used in this division, "watercraft" includes an outdrive unit	27848
attached to the watercraft.	27849

(I) "Receipts" means the total amount of the prices of the	27850
sales of vendors, provided that cash discounts allowed and taken	27851
on sales at the time they are consummated are not included, minus	27852
any amount deducted as a bad debt pursuant to section 5739.121 of	27853
the Revised Code. "Receipts" does not include the sale price of	27854
property returned or services rejected by consumers when the full	27855
sale price and tax are refunded either in cash or by credit.	27856

(J) "Place of business" means any location at which a person	27857
engages in business.	27858

(K) "Premises" includes any real property or portion thereof	27859
upon which any person engages in selling tangible personal	27860
property at retail or making retail sales and also includes any	27861
real property or portion thereof designated for, or devoted to,	27862
use in conjunction with the business engaged in by such person.	27863

(L) "Casual sale" means a sale of an item of tangible	27864
personal property that was obtained by the person making the sale,	27865
through purchase or otherwise, for the person's own use and was	27866
previously subject to any state's taxing jurisdiction on its sale	27867
or use, and includes such items acquired for the seller's use that	27868
are sold by an auctioneer employed directly by the person for such	27869
purpose, provided the location of such sales is not the	27870
auctioneer's permanent place of business. As used in this	27871
division, "permanent place of business" includes any location	27872
where such auctioneer has conducted more than two auctions during	27873
the year.	27874

(M) "Hotel" means every establishment kept, used, maintained,	27875
advertised, or held out to the public to be a place where sleeping	27876
accommodations are offered to guests, in which five or more rooms	27877
are used for the accommodation of such guests, whether the rooms	27878
are in one or several structures.	27879

(N) "Transient guests" means persons occupying a room or	27880
rooms for sleeping accommodations for less than thirty consecutive	27881
days.	27882

(O) "Making retail sales" means the effecting of transactions	27883
wherein one party is obligated to pay the price and the other	27884
party is obligated to provide a service or to transfer title to or	27885
possession of the item sold. "Making retail sales" does not	27886
include the preliminary acts of promoting or soliciting the retail	27887
sales, other than the distribution of printed matter which	27888
displays or describes and prices the item offered for sale, nor	27889
does it include delivery of a predetermined quantity of tangible	27890
personal property or transportation of property or personnel to or	27891
from a place where a service is performed, regardless of whether	27892
the vendor is a delivery vendor.	27893

(P) "Used directly in the rendition of a public utility	27894
service" means that property that is to be incorporated into and	27895
will become a part of the consumer's production, transmission,	27896
transportation, or distribution system and that retains its	27897
classification as tangible personal property after such	27898
incorporation; fuel or power used in the production, transmission,	27899
transportation, or distribution system; and tangible personal	27900
property used in the repair and maintenance of the production,	27901
transmission, transportation, or distribution system, including	27902
only such motor vehicles as are specially designed and equipped	27903
for such use. Tangible personal property and services used	27904
primarily in providing highway transportation for hire are not	27905
used directly in the rendition of a public utility service. In	27906
this definition, "public utility" includes a citizen of the United	27907
States holding, and required to hold, a certificate of public	27908
convenience and necessity issued under 49 U.S.C. 41102.	27909

(Q) "Refining" means removing or separating a desirable	27910
product from raw or contaminated materials by distillation or	27911
physical, mechanical, or chemical processes.	27912

(R) "Assembly" and "assembling" mean attaching or fitting	27913
together parts to form a product, but do not include packaging a	27914
product.	27915

(S) "Manufacturing operation" means a process in which	27916
materials are changed, converted, or transformed into a different	27917
state or form from which they previously existed and includes	27918
refining materials, assembling parts, and preparing raw materials	27919
and parts by mixing, measuring, blending, or otherwise committing	27920
such materials or parts to the manufacturing process.	27921
"Manufacturing operation" does not include packaging.	27922

(T) "Fiscal officer" means, with respect to a regional	27923
transit authority, the secretary-treasurer thereof, and with	27924
respect to a county that is a transit authority, the fiscal	27925
officer of the county transit board if one is appointed pursuant	27926
to section 306.03 of the Revised Code or the county auditor if the	27927
board of county commissioners operates the county transit system.	27928

(U) "Transit authority" means a regional transit authority	27929
created pursuant to section 306.31 of the Revised Code or a county	27930
in which a county transit system is created pursuant to section	27931
306.01 of the Revised Code. For the purposes of this chapter, a	27932
transit authority must extend to at least the entire area of a	27933
single county. A transit authority that includes territory in more	27934
than one county must include all the area of the most populous	27935
county that is a part of such transit authority. County population	27936
shall be measured by the most recent census taken by the United	27937
States census bureau.	27938

(V) "Legislative authority" means, with respect to a regional	27939
transit authority, the board of trustees thereof, and with respect	27940
to a county that is a transit authority, the board of county	27941
commissioners.	27942

(W) "Territory of the transit authority" means all of the	27943
area included within the territorial boundaries of a transit	27944
authority as they from time to time exist. Such territorial	27945
boundaries must at all times include all the area of a single	27946
county or all the area of the most populous county that is a part	27947
of such transit authority. County population shall be measured by	27948
the most recent census taken by the United States census bureau.	27949

(X) "Providing a service" means providing or furnishing	27950
anything described in division (B)(3) of this section for	27951
consideration.	27952

(Y)(1)(a) "Automatic data processing" means processing of	27953
others' data, including keypunching or similar data entry services	27954
together with verification thereof, or providing access to	27955
computer equipment for the purpose of processing data.	27956

(b) "Computer services" means providing services consisting	27957
of specifying computer hardware configurations and evaluating	27958
technical processing characteristics, computer programming, and	27959
training of computer programmers and operators, provided in	27960
conjunction with and to support the sale, lease, or operation of	27961
taxable computer equipment or systems.	27962

(c) "Electronic information services" means providing access	27963
to computer equipment by means of telecommunications equipment for	27964
the purpose of either of the following:	27965

(i) Examining or acquiring data stored in or accessible to	27966
the computer equipment;	27967

(ii) Placing data into the computer equipment to be retrieved	27968
by designated recipients with access to the computer equipment.	27969

For transactions occurring on or after the effective date of	27970
the amendment of this section by H.B. 157 of the 127th general	27971
assembly, December 21, 2007, "electronic information services"	27972
does not include electronic publishing as defined in division	27973
(LLL) of this section.	27974

(d) "Automatic data processing, computer services, or	27975
electronic information services" shall not include personal or	27976
professional services.	27977

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	27978
section, "personal and professional services" means all services	27979
other than automatic data processing, computer services, or	27980
electronic information services, including but not limited to:	27981

(a) Accounting and legal services such as advice on tax	27982
matters, asset management, budgetary matters, quality control,	27983
information security, and auditing and any other situation where	27984
the service provider receives data or information and studies,	27985
alters, analyzes, interprets, or adjusts such material;	27986

(b) Analyzing business policies and procedures;

27987

27988

(d) Feasibility studies, including economic and technical	27989
analysis of existing or potential computer hardware or software	27990
needs and alternatives;	27991

(e) Designing policies, procedures, and custom software for	27992
collecting business information, and determining how data should	27993
be summarized, sequenced, formatted, processed, controlled, and	27994
reported so that it will be meaningful to management;	27995

(f) Developing policies and procedures that document how	27996
business events and transactions are to be authorized, executed,	27997
and controlled;	27998

(g) Testing of business procedures;

27999

(h) Training personnel in business procedure applications;

28000

(i) Providing credit information to users of such information	28001
by a consumer reporting agency, as defined in the "Fair Credit	28002
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	28003
as hereafter amended, including but not limited to gathering,	28004
organizing, analyzing, recording, and furnishing such information	28005
by any oral, written, graphic, or electronic medium;	28006

(j) Providing debt collection services by any oral, written,	28007
graphic, or electronic means.	28008

The services listed in divisions (Y)(2)(a) to (j) of this	28009
section are not automatic data processing or computer services.	28010

(Z) "Highway transportation for hire" means the	28011
transportation of personal property belonging to others for	28012
consideration by any of the following:	28013

(1) The holder of a permit or certificate issued by this	28014
state or the United States authorizing the holder to engage in	28015
transportation of personal property belonging to others for	28016
consideration over or on highways, roadways, streets, or any	28017
similar public thoroughfare;	28018

(2) A person who engages in the transportation of personal	28019
property belonging to others for consideration over or on	28020
highways, roadways, streets, or any similar public thoroughfare	28021
but who could not have engaged in such transportation on December	28022
11, 1985, unless the person was the holder of a permit or	28023
certificate of the types described in division (Z)(1) of this	28024
section;	28025

(3) A person who leases a motor vehicle to and operates it	28026
for a person described by division (Z)(1) or (2) of this section.	28027

(AA)(1) "Telecommunications service" means the electronic	28028
transmission, conveyance, or routing of voice, data, audio, video,	28029
or any other information or signals to a point, or between or	28030
among points. "Telecommunications service" includes such	28031
transmission, conveyance, or routing in which computer processing	28032
applications are used to act on the form, code, or protocol of the	28033
content for purposes of transmission, conveyance, or routing	28034
without regard to whether the service is referred to as voice-over	28035
internet protocol service or is classified by the federal	28036
communications commission as enhanced or value-added.	28037
"Telecommunications service" does not include any of the	28038
following:	28039

(a) Data processing and information services that allow data	28040
to be generated, acquired, stored, processed, or retrieved and	28041
delivered by an electronic transmission to a consumer where the	28042
consumer's primary purpose for the underlying transaction is the	28043
processed data or information;	28044

(b) Installation or maintenance of wiring or equipment on a	28045
customer's premises;	28046

28047

(d) Advertising, including directory advertising;

28048

(e) Billing and collection services provided to third	28049
parties;	28050

(f) Internet access service;

28051

(g) Radio and television audio and video programming	28052
services, regardless of the medium, including the furnishing of	28053
transmission, conveyance, and routing of such services by the	28054
programming service provider. Radio and television audio and video	28055
programming services include, but are not limited to, cable	28056
service, as defined in 47 U.S.C. 522(6), and audio and video	28057
programming services delivered by commercial mobile radio service	28058
providers, as defined in 47 C.F.R. 20.3;	28059

(h) Ancillary service;

28060

(i) Digital products delivered electronically, including	28061
software, music, video, reading materials, or ring tones.	28062

(2) "Ancillary service" means a service that is associated	28063
with or incidental to the provision of telecommunications service,	28064
including conference bridging service, detailed telecommunications	28065
billing service, directory assistance, vertical service, and voice	28066
mail service. As used in this division:	28067

(a) "Conference bridging service" means an ancillary service	28068
that links two or more participants of an audio or video	28069
conference call, including providing a telephone number.	28070
"Conference bridging service" does not include telecommunications	28071
services used to reach the conference bridge.	28072

(b) "Detailed telecommunications billing service" means an	28073
ancillary service of separately stating information pertaining to	28074
individual calls on a customer's billing statement.	28075

(c) "Directory assistance" means an ancillary service of	28076
providing telephone number or address information.	28077

(d) "Vertical service" means an ancillary service that is	28078
offered in connection with one or more telecommunications	28079
services, which offers advanced calling features that allow	28080
customers to identify callers and manage multiple calls and call	28081
connections, including conference bridging service.	28082

(e) "Voice mail service" means an ancillary service that	28083
enables the customer to store, send, or receive recorded messages.	28084
"Voice mail service" does not include any vertical services that	28085
the customer may be required to have in order to utilize the voice	28086
mail service.	28087

(3) "900 service" means an inbound toll telecommunications	28088
service purchased by a subscriber that allows the subscriber's	28089
customers to call in to the subscriber's prerecorded announcement	28090
or live service, and which is typically marketed under the name	28091
"900" service and any subsequent numbers designated by the federal	28092
communications commission. "900 service" does not include the	28093
charge for collection services provided by the seller of the	28094
telecommunications service to the subscriber, or services or	28095
products sold by the subscriber to the subscriber's customer.	28096

(4) "Prepaid calling service" means the right to access	28097
exclusively telecommunications services, which must be paid for in	28098
advance and which enables the origination of calls using an access	28099
number or authorization code, whether manually or electronically	28100
dialed, and that is sold in predetermined units of dollars of	28101
which the number declines with use in a known amount.	28102

(5) "Prepaid wireless calling service" means a	28103
telecommunications service that provides the right to utilize	28104
mobile telecommunications service as well as other	28105
non-telecommunications services, including the download of digital	28106
products delivered electronically, and content and ancillary	28107
services, that must be paid for in advance and that is sold in	28108
predetermined units of dollars of which the number declines with	28109
use in a known amount.	28110

(6) "Value-added non-voice data service" means a	28111
telecommunications service in which computer processing	28112
applications are used to act on the form, content, code, or	28113
protocol of the information or data primarily for a purpose other	28114
than transmission, conveyance, or routing.	28115

(7) "Coin-operated telephone service" means a	28116
telecommunications service paid for by inserting money into a	28117
telephone accepting direct deposits of money to operate.	28118

(8) "Customer" has the same meaning as in section 5739.034 of	28119
the Revised Code.	28120

(BB) "Laundry and dry cleaning services" means removing soil	28121
or dirt from towels, linens, articles of clothing, or other fabric	28122
items that belong to others and supplying towels, linens, articles	28123
of clothing, or other fabric items. "Laundry and dry cleaning	28124
services" does not include the provision of self-service	28125
facilities for use by consumers to remove soil or dirt from	28126
towels, linens, articles of clothing, or other fabric items.	28127

(CC) "Magazines distributed as controlled circulation	28128
publications" means magazines containing at least twenty-four	28129
pages, at least twenty-five per cent editorial content, issued at	28130
regular intervals four or more times a year, and circulated	28131
without charge to the recipient, provided that such magazines are	28132
not owned or controlled by individuals or business concerns which	28133
conduct such publications as an auxiliary to, and essentially for	28134
the advancement of the main business or calling of, those who own	28135
or control them.	28136

(DD) "Landscaping and lawn care service" means the services	28137
of planting, seeding, sodding, removing, cutting, trimming,	28138
pruning, mulching, aerating, applying chemicals, watering,	28139
fertilizing, and providing similar services to establish, promote,	28140
or control the growth of trees, shrubs, flowers, grass, ground	28141
cover, and other flora, or otherwise maintaining a lawn or	28142
landscape grown or maintained by the owner for ornamentation or	28143
other nonagricultural purpose. However, "landscaping and lawn care	28144
service" does not include the providing of such services by a	28145
person who has less than five thousand dollars in sales of such	28146
services during the calendar year.	28147

(EE) "Private investigation and security service" means the	28148
performance of any activity for which the provider of such service	28149
is required to be licensed pursuant to Chapter 4749. of the	28150
Revised Code, or would be required to be so licensed in performing	28151
such services in this state, and also includes the services of	28152
conducting polygraph examinations and of monitoring or overseeing	28153
the activities on or in, or the condition of, the consumer's home,	28154
business, or other facility by means of electronic or similar	28155
monitoring devices. "Private investigation and security service"	28156
does not include special duty services provided by off-duty police	28157
officers, deputy sheriffs, and other peace officers regularly	28158
employed by the state or a political subdivision.	28159

(FF) "Information services" means providing conversation,	28160
giving consultation or advice, playing or making a voice or other	28161
recording, making or keeping a record of the number of callers,	28162
and any other service provided to a consumer by means of a nine	28163
hundred telephone call, except when the nine hundred telephone	28164
call is the means by which the consumer makes a contribution to a	28165
recognized charity.	28166

(GG) "Research and development" means designing, creating, or	28167
formulating new or enhanced products, equipment, or manufacturing	28168
processes, and also means conducting scientific or technological	28169
inquiry and experimentation in the physical sciences with the goal	28170
of increasing scientific knowledge which may reveal the bases for	28171
new or enhanced products, equipment, or manufacturing processes.	28172

(HH) "Qualified research and development equipment" means	28173
capitalized tangible personal property, and leased personal	28174
property that would be capitalized if purchased, used by a person	28175
primarily to perform research and development. Tangible personal	28176
property primarily used in testing, as defined in division (A)(4)	28177
of section 5739.011 of the Revised Code, or used for recording or	28178
storing test results, is not qualified research and development	28179
equipment unless such property is primarily used by the consumer	28180
in testing the product, equipment, or manufacturing process being	28181
created, designed, or formulated by the consumer in the research	28182
and development activity or in recording or storing such test	28183
results.	28184

(II) "Building maintenance and janitorial service" means	28185
cleaning the interior or exterior of a building and any tangible	28186
personal property located therein or thereon, including any	28187
services incidental to such cleaning for which no separate charge	28188
is made. However, "building maintenance and janitorial service"	28189
does not include the providing of such service by a person who has	28190
less than five thousand dollars in sales of such service during	28191
the calendar year.	28192

(JJ) "Employment service" means providing or supplying	28193
personnel, on a temporary or long-term basis, to perform work or	28194
labor under the supervision or control of another, when the	28195
personnel so provided or supplied receive their wages, salary, or	28196
other compensation from the provider or supplier of the employment	28197
service or from a third party that provided or supplied the	28198
personnel to the provider or supplier. "Employment service" does	28199
not include:	28200

(1) Acting as a contractor or subcontractor, where the	28201
personnel performing the work are not under the direct control of	28202
the purchaser.	28203

(2) Medical and health care services.

28204

(3) Supplying personnel to a purchaser pursuant to a contract	28205
of at least one year between the service provider and the	28206
purchaser that specifies that each employee covered under the	28207
contract is assigned to the purchaser on a permanent basis.	28208

(4) Transactions between members of an affiliated group, as	28209
defined in division (B)(3)(e) of this section.	28210

(5) Transactions where the personnel so provided or supplied	28211
by a provider or supplier to a purchaser of an employment service	28212
are then provided or supplied by that purchaser to a third party	28213
as an employment service, except "employment service" does include	28214
the transaction between that purchaser and the third party.	28215

(KK) "Employment placement service" means locating or finding	28216
employment for a person or finding or locating an employee to fill	28217
an available position.	28218

(LL) "Exterminating service" means eradicating or attempting	28219
to eradicate vermin infestations from a building or structure, or	28220
the area surrounding a building or structure, and includes	28221
activities to inspect, detect, or prevent vermin infestation of a	28222
building or structure.	28223

(MM) "Physical fitness facility service" means all	28224
transactions by which a membership is granted, maintained, or	28225
renewed, including initiation fees, membership dues, renewal fees,	28226
monthly minimum fees, and other similar fees and dues, by a	28227
physical fitness facility such as an athletic club, health spa, or	28228
gymnasium, which entitles the member to use the facility for	28229
physical exercise.	28230

(NN) "Recreation and sports club service" means all	28231
transactions by which a membership is granted, maintained, or	28232
renewed, including initiation fees, membership dues, renewal fees,	28233
monthly minimum fees, and other similar fees and dues, by a	28234
recreation and sports club, which entitles the member to use the	28235
facilities of the organization. "Recreation and sports club" means	28236
an organization that has ownership of, or controls or leases on a	28237
continuing, long-term basis, the facilities used by its members	28238
and includes an aviation club, gun or shooting club, yacht club,	28239
card club, swimming club, tennis club, golf club, country club,	28240
riding club, amateur sports club, or similar organization.	28241

(OO) "Livestock" means farm animals commonly raised for food	28242
or food production, and includes but is not limited to cattle,	28243
sheep, goats, swine, and poultry. "Livestock" does not include	28244
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	28245
animals for use in laboratories or for exhibition, or other	28246
animals not commonly raised for food or food production.	28247

(PP) "Livestock structure" means a building or structure used	28248
exclusively for the housing, raising, feeding, or sheltering of	28249
livestock, and includes feed storage or handling structures and	28250
structures for livestock waste handling.	28251

(QQ) "Horticulture" means the growing, cultivation, and	28252
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	28253
and nursery stock. As used in this division, "nursery stock" has	28254
the same meaning as in section 927.51 of the Revised Code.	28255

(RR) "Horticulture structure" means a building or structure	28256
used exclusively for the commercial growing, raising, or	28257
overwintering of horticultural products, and includes the area	28258
used for stocking, storing, and packing horticultural products	28259
when done in conjunction with the production of those products.	28260

(SS) "Newspaper" means an unbound publication bearing a title	28261
or name that is regularly published, at least as frequently as	28262
biweekly, and distributed from a fixed place of business to the	28263
public in a specific geographic area, and that contains a	28264
substantial amount of news matter of international, national, or	28265
local events of interest to the general public.	28266

(TT) "Professional racing team" means a person that employs	28267
at least twenty full-time employees for the purpose of conducting	28268
a motor vehicle racing business for profit. The person must	28269
conduct the business with the purpose of racing one or more motor	28270
racing vehicles in at least ten competitive professional racing	28271
events each year that comprise all or part of a motor racing	28272
series sanctioned by one or more motor racing sanctioning	28273
organizations. A "motor racing vehicle" means a vehicle for which	28274
the chassis, engine, and parts are designed exclusively for motor	28275
racing, and does not include a stock or production model vehicle	28276
that may be modified for use in racing. For the purposes of this	28277
division:	28278

(1) A "competitive professional racing event" is a motor	28279
vehicle racing event sanctioned by one or more motor racing	28280
sanctioning organizations, at which aggregate cash prizes in	28281
excess of eight hundred thousand dollars are awarded to the	28282
competitors.	28283

(2) "Full-time employee" means an individual who is employed	28284
for consideration for thirty-five or more hours a week, or who	28285
renders any other standard of service generally accepted by custom	28286
or specified by contract as full-time employment.	28287

(UU)(1) "Lease" or "rental" means any transfer of the	28288
possession or control of tangible personal property for a fixed or	28289
indefinite term, for consideration. "Lease" or "rental" includes	28290
future options to purchase or extend, and agreements described in	28291
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	28292
the amount of consideration may be increased or decreased by	28293
reference to the amount realized upon the sale or disposition of	28294
the property. "Lease" or "rental" does not include:	28295

(a) A transfer of possession or control of tangible personal	28296
property under a security agreement or a deferred payment plan	28297
that requires the transfer of title upon completion of the	28298
required payments;	28299

(b) A transfer of possession or control of tangible personal	28300
property under an agreement that requires the transfer of title	28301
upon completion of required payments and payment of an option	28302
price that does not exceed the greater of one hundred dollars or	28303
one per cent of the total required payments;	28304

(c) Providing tangible personal property along with an	28305
operator for a fixed or indefinite period of time, if the operator	28306
is necessary for the property to perform as designed. For purposes	28307
of this division, the operator must do more than maintain,	28308
inspect, or set-up the tangible personal property.	28309

(2) "Lease" and "rental," as defined in division (UU) of this	28310
section, shall not apply to leases or rentals that exist before	28311
June 26, 2003.	28312

(3) "Lease" and "rental" have the same meaning as in division	28313
(UU)(1) of this section regardless of whether a transaction is	28314
characterized as a lease or rental under generally accepted	28315
accounting principles, the Internal Revenue Code, Title XIII of	28316
the Revised Code, or other federal, state, or local laws.	28317

(VV) "Mobile telecommunications service" has the same meaning	28318
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	28319
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	28320
on and after August 1, 2003, includes related fees and ancillary	28321
services, including universal service fees, detailed billing	28322
service, directory assistance, service initiation, voice mail	28323
service, and vertical services, such as caller ID and three-way	28324
calling.	28325

(WW) "Certified service provider" has the same meaning as in	28326
section 5740.01 of the Revised Code.	28327

(XX) "Satellite broadcasting service" means the distribution	28328
or broadcasting of programming or services by satellite directly	28329
to the subscriber's receiving equipment without the use of ground	28330
receiving or distribution equipment, except the subscriber's	28331
receiving equipment or equipment used in the uplink process to the	28332
satellite, and includes all service and rental charges, premium	28333
channels or other special services, installation and repair	28334
service charges, and any other charges having any connection with	28335
the provision of the satellite broadcasting service.	28336

(YY) "Tangible personal property" means personal property	28337
that can be seen, weighed, measured, felt, or touched, or that is	28338
in any other manner perceptible to the senses. For purposes of	28339
this chapter and Chapter 5741. of the Revised Code, "tangible	28340
personal property" includes motor vehicles, electricity, water,	28341
gas, steam, and prewritten computer software.	28342

(ZZ) "Direct mail" means printed material delivered or	28343
distributed by United States mail or other delivery service to a	28344
mass audience or to addressees on a mailing list provided by the	28345
consumer or at the direction of the consumer when the cost of the	28346
items are not billed directly to the recipients. "Direct mail"	28347
includes tangible personal property supplied directly or	28348
indirectly by the consumer to the direct mail vendor for inclusion	28349
in the package containing the printed material. "Direct mail" does	28350
not include multiple items of printed material delivered to a	28351
single address.	28352

(AAA) "Computer" means an electronic device that accepts	28353
information in digital or similar form and manipulates it for a	28354
result based on a sequence of instructions.	28355

(BBB) "Computer software" means a set of coded instructions	28356
designed to cause a computer or automatic data processing	28357
equipment to perform a task.	28358

(CCC) "Delivered electronically" means delivery of computer	28359
software from the seller to the purchaser by means other than	28360
tangible storage media.	28361

(DDD) "Prewritten computer software" means computer software,	28362
including prewritten upgrades, that is not designed and developed	28363
by the author or other creator to the specifications of a specific	28364
purchaser. The combining of two or more prewritten computer	28365
software programs or prewritten portions thereof does not cause	28366
the combination to be other than prewritten computer software.	28367
"Prewritten computer software" includes software designed and	28368
developed by the author or other creator to the specifications of	28369
a specific purchaser when it is sold to a person other than the	28370
purchaser. If a person modifies or enhances computer software of	28371
which the person is not the author or creator, the person shall be	28372
deemed to be the author or creator only of such person's	28373
modifications or enhancements. Prewritten computer software or a	28374
prewritten portion thereof that is modified or enhanced to any	28375
degree, where such modification or enhancement is designed and	28376
developed to the specifications of a specific purchaser, remains	28377
prewritten computer software; provided, however, that where there	28378
is a reasonable, separately stated charge or an invoice or other	28379
statement of the price given to the purchaser for the modification	28380
or enhancement, the modification or enhancement shall not	28381
constitute prewritten computer software.	28382

(EEE)(1) "Food" means substances, whether in liquid,	28383
concentrated, solid, frozen, dried, or dehydrated form, that are	28384
sold for ingestion or chewing by humans and are consumed for their	28385
taste or nutritional value. "Food" does not include alcoholic	28386
beverages, dietary supplements, soft drinks, or tobacco.	28387

(2) As used in division (EEE)(1) of this section:

28388

(a) "Alcoholic beverages" means beverages that are suitable	28389
for human consumption and contain one-half of one per cent or more	28390
of alcohol by volume.	28391

(b) "Dietary supplements" means any product, other than	28392
tobacco, that is intended to supplement the diet and that is	28393
intended for ingestion in tablet, capsule, powder, softgel,	28394
gelcap, or liquid form, or, if not intended for ingestion in such	28395
a form, is not represented as conventional food for use as a sole	28396
item of a meal or of the diet; that is required to be labeled as a	28397
dietary supplement, identifiable by the "supplement facts" box	28398
found on the label, as required by 21 C.F.R. 101.36; and that	28399
contains one or more of the following dietary ingredients:	28400

(i) A vitamin;

28401

(ii) A mineral;

28402

(iii) An herb or other botanical;

28403

(iv) An amino acid;

28404

(v) A dietary substance for use by humans to supplement the	28405
diet by increasing the total dietary intake;	28406

(vi) A concentrate, metabolite, constituent, extract, or	28407
combination of any ingredient described in divisions	28408
(EEE)(2)(b)(i) to (v) of this section.	28409

(c) "Soft drinks" means nonalcoholic beverages that contain	28410
natural or artificial sweeteners. "Soft drinks" does not include	28411
beverages that contain milk or milk products, soy, rice, or	28412
similar milk substitutes, or that contains greater than fifty per	28413
cent vegetable or fruit juice by volume.	28414

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	28415
tobacco, or any other item that contains tobacco.	28416

(FFF) "Drug" means a compound, substance, or preparation, and	28417
any component of a compound, substance, or preparation, other than	28418
food, dietary supplements, or alcoholic beverages that is	28419
recognized in the official United States pharmacopoeia, official	28420
homeopathic pharmacopoeia of the United States, or official	28421
national formulary, and supplements to them; is intended for use	28422
in the diagnosis, cure, mitigation, treatment, or prevention of	28423
disease; or is intended to affect the structure or any function of	28424
the body.	28425

(GGG) "Prescription" means an order, formula, or recipe	28426
issued in any form of oral, written, electronic, or other means of	28427
transmission by a duly licensed practitioner authorized by the	28428
laws of this state to issue a prescription.	28429

(HHH) "Durable medical equipment" means equipment, including	28430
repair and replacement parts for such equipment, that can	28431
withstand repeated use, is primarily and customarily used to serve	28432
a medical purpose, generally is not useful to a person in the	28433
absence of illness or injury, and is not worn in or on the body.	28434
"Durable medical equipment" does not include mobility enhancing	28435
equipment.	28436

(III) "Mobility enhancing equipment" means equipment,	28437
including repair and replacement parts for such equipment, that is	28438
primarily and customarily used to provide or increase the ability	28439
to move from one place to another and is appropriate for use	28440
either in a home or a motor vehicle, that is not generally used by	28441
persons with normal mobility, and that does not include any motor	28442
vehicle or equipment on a motor vehicle normally provided by a	28443
motor vehicle manufacturer. "Mobility enhancing equipment" does	28444
not include durable medical equipment.	28445

(JJJ) "Prosthetic device" means a replacement, corrective, or	28446
supportive device, including repair and replacement parts for the	28447
device, worn on or in the human body to artificially replace a	28448
missing portion of the body, prevent or correct physical deformity	28449
or malfunction, or support a weak or deformed portion of the body.	28450
As used in this division, "prosthetic device" does not include	28451
corrective eyeglasses, contact lenses, or dental prosthesis.	28452

(KKK)(1) "Fractional aircraft ownership program" means a	28453
program in which persons within an affiliated group sell and	28454
manage fractional ownership program aircraft, provided that at	28455
least one hundred airworthy aircraft are operated in the program	28456
and the program meets all of the following criteria:	28457

(a) Management services are provided by at least one program	28458
manager within an affiliated group on behalf of the fractional	28459
owners.	28460

(b) Each program aircraft is owned or possessed by at least	28461
one fractional owner.	28462

(c) Each fractional owner owns or possesses at least a	28463
one-sixteenth interest in at least one fixed-wing program	28464
aircraft.	28465

(d) A dry-lease aircraft interchange arrangement is in	28466
effect among all of the fractional owners.	28467

(e) Multi-year program agreements are in effect regarding the	28468
fractional ownership, management services, and dry-lease aircraft	28469
interchange arrangement aspects of the program.	28470

(2) As used in division (KKK)(1) of this section:

28471

(a) "Affiliated group" has the same meaning as in division	28472
(B)(3)(e) of this section.	28473

(b) "Fractional owner" means a person that owns or possesses	28474
at least a one-sixteenth interest in a program aircraft and has	28475
entered into the agreements described in division (KKK)(1)(e) of	28476
this section.	28477

(c) "Fractional ownership program aircraft" or "program	28478
aircraft" means a turbojet aircraft that is owned or possessed by	28479
a fractional owner and that has been included in a dry-lease	28480
aircraft interchange arrangement and agreement under divisions	28481
(KKK)(1)(d) and (e) of this section, or an aircraft a program	28482
manager owns or possesses primarily for use in a fractional	28483
aircraft ownership program.	28484

(d) "Management services" means administrative and aviation	28485
support services furnished under a fractional aircraft ownership	28486
program in accordance with a management services agreement under	28487
division (KKK)(1)(e) of this section, and offered by the program	28488
manager to the fractional owners, including, at a minimum, the	28489
establishment and implementation of safety guidelines; the	28490
coordination of the scheduling of the program aircraft and crews;	28491
program aircraft maintenance; program aircraft insurance; crew	28492
training for crews employed, furnished, or contracted by the	28493
program manager or the fractional owner; the satisfaction of	28494
record-keeping requirements; and the development and use of an	28495
operations manual and a maintenance manual for the fractional	28496
aircraft ownership program.	28497

(e) "Program manager" means the person that offers management	28498
services to fractional owners pursuant to a management services	28499
agreement under division (KKK)(1)(e) of this section.	28500

(LLL) "Electronic publishing" means providing access to one	28501
or more of the following primarily for business customers,	28502
including the federal government or a state government or a	28503
political subdivision thereof, to conduct research: news;	28504
business, financial, legal, consumer, or credit materials;	28505
editorials, columns, reader commentary, or features; photos or	28506
images; archival or research material; legal notices, identity	28507
verification, or public records; scientific, educational,	28508
instructional, technical, professional, trade, or other literary	28509
materials; or other similar information which has been gathered	28510
and made available by the provider to the consumer in an	28511
electronic format. Providing electronic publishing includes the	28512
functions necessary for the acquisition, formatting, editing,	28513
storage, and dissemination of data or information that is the	28514
subject of a sale.	28515

Sec. 5739.02. For the purpose of providing revenue with	28516
which to meet the needs of the state, for the use of the general	28517
revenue fund of the state, for the purpose of securing a thorough	28518
and efficient system of common schools throughout the state, for	28519
the purpose of affording revenues, in addition to those from	28520
general property taxes, permitted under constitutional	28521
limitations, and from other sources, for the support of local	28522
governmental functions, and for the purpose of reimbursing the	28523
state for the expense of administering this chapter, an excise tax	28524
is hereby levied on each retail sale made in this state.	28525

(A)(1) The tax shall be collected as provided in section	28526
5739.025 of the Revised Code~~, provided that on and after July 1,~~	28527
~~2003, and on or before June 30, 2005, the rate of tax shall be six~~	28528
~~per cent. On and after July 1, 2005, the~~. The rate of the tax	28529
shall be five and one-half per cent. The tax applies and is	28530
collectible when the sale is made, regardless of the time when	28531
the price is paid or delivered.	28532

(2) In the case of the lease or rental, with a fixed term of	28533
more than thirty days or an indefinite term with a minimum period	28534
of more than thirty days, of any motor vehicles designed by the	28535
manufacturer to carry a load of not more than one ton, watercraft,	28536
outboard motor, or aircraft, or of any tangible personal property,	28537
other than motor vehicles designed by the manufacturer to carry a	28538
load of more than one ton, to be used by the lessee or renter	28539
primarily for business purposes, the tax shall be collected by the	28540
vendor at the time the lease or rental is consummated and shall be	28541
calculated by the vendor on the basis of the total amount to be	28542
paid by the lessee or renter under the lease agreement. If the	28543
total amount of the consideration for the lease or rental includes	28544
amounts that are not calculated at the time the lease or rental is	28545
executed, the tax shall be calculated and collected by the vendor	28546
at the time such amounts are billed to the lessee or renter. In	28547
the case of an open-end lease or rental, the tax shall be	28548
calculated by the vendor on the basis of the total amount to be	28549
paid during the initial fixed term of the lease or rental, and for	28550
each subsequent renewal period as it comes due. As used in this	28551
division, "motor vehicle" has the same meaning as in section	28552
4501.01 of the Revised Code, and "watercraft" includes an outdrive	28553
unit attached to the watercraft.	28554

A lease with a renewal clause and a termination penalty or	28555
similar provision that applies if the renewal clause is not	28556
exercised is presumed to be a sham transaction. In such a case,	28557
the tax shall be calculated and paid on the basis of the entire	28558
length of the lease period, including any renewal periods, until	28559
the termination penalty or similar provision no longer applies.	28560
The taxpayer shall bear the burden, by a preponderance of the	28561
evidence, that the transaction or series of transactions is not a	28562
sham transaction.	28563

(3) Except as provided in division (A)(2) of this section, in	28564
the case of a sale, the price of which consists in whole or in	28565
part of the lease or rental of tangible personal property, the tax	28566
shall be measured by the installments of that lease or rental.	28567

(4) In the case of a sale of a physical fitness facility	28568
service or recreation and sports club service, the price of which	28569
consists in whole or in part of a membership for the receipt of	28570
the benefit of the service, the tax applicable to the sale shall	28571
be measured by the installments thereof.	28572

(B) The tax does not apply to the following:

28573

(1) Sales to the state or any of its political subdivisions,	28574
or to any other state or its political subdivisions if the laws of	28575
that state exempt from taxation sales made to this state and its	28576
political subdivisions;	28577

(2) Sales of food for human consumption off the premises	28578
where sold;	28579

(3) Sales of food sold to students only in a cafeteria,	28580
dormitory, fraternity, or sorority maintained in a private,	28581
public, or parochial school, college, or university;	28582

(4) Sales of newspapers and of magazine subscriptions and	28583
sales or transfers of magazines distributed as controlled	28584
circulation publications;	28585

(5) The furnishing, preparing, or serving of meals without	28586
charge by an employer to an employee provided the employer records	28587
the meals as part compensation for services performed or work	28588
done;	28589

(6) Sales of motor fuel upon receipt, use, distribution, or	28590
sale of which in this state a tax is imposed by the law of this	28591
state, but this exemption shall not apply to the sale of motor	28592
fuel on which a refund of the tax is allowable under division (A)	28593
of section 5735.14 of the Revised Code; and the tax commissioner	28594
may deduct the amount of tax levied by this section applicable to	28595
the price of motor fuel when granting a refund of motor fuel tax	28596
pursuant to division (A) of section 5735.14 of the Revised Code	28597
and shall cause the amount deducted to be paid into the general	28598
revenue fund of this state;	28599

(7) Sales of natural gas by a natural gas company, of water	28600
by a water-works company, or of steam by a heating company, if in	28601
each case the thing sold is delivered to consumers through pipes	28602
or conduits, and all sales of communications services by a	28603
telegraph company, all terms as defined in section 5727.01 of the	28604
Revised Code, and sales of electricity delivered through wires;	28605

(8) Casual sales by a person, or auctioneer employed directly	28606
by the person to conduct such sales, except as to such sales of	28607
motor vehicles, watercraft or outboard motors required to be	28608
titled under section 1548.06 of the Revised Code, watercraft	28609
documented with the United States coast guard, snowmobiles, and	28610
all-purpose vehicles as defined in section 4519.01 of the Revised	28611
Code;	28612

(9)(a) Sales of services or tangible personal property, other	28613
than motor vehicles, mobile homes, and manufactured homes, by	28614
churches, organizations exempt from taxation under section	28615
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	28616
organizations operated exclusively for charitable purposes as	28617
defined in division (B)(12) of this section, provided that the	28618
number of days on which such tangible personal property or	28619
services, other than items never subject to the tax, are sold does	28620
not exceed six in any calendar year, except as otherwise provided	28621
in division (B)(9)(b) of this section. If the number of days on	28622
which such sales are made exceeds six in any calendar year, the	28623
church or organization shall be considered to be engaged in	28624
business and all subsequent sales by it shall be subject to the	28625
tax. In counting the number of days, all sales by groups within a	28626
church or within an organization shall be considered to be sales	28627
of that church or organization.	28628

(b) The limitation on the number of days on which tax-exempt	28629
sales may be made by a church or organization under division	28630
(B)(9)(a) of this section does not apply to sales made by student	28631
clubs and other groups of students of a primary or secondary	28632
school, or a parent-teacher association, booster group, or similar	28633
organization that raises money to support or fund curricular or	28634
extracurricular activities of a primary or secondary school.	28635

(c) Divisions (B)(9)(a) and (b) of this section do not apply	28636
to sales by a noncommercial educational radio or television	28637
broadcasting station.	28638

(10) Sales not within the taxing power of this state under	28639
the Constitution of the United States;	28640

(11) Except for transactions that are sales under division	28641
(B)(3)(r) of section 5739.01 of the Revised Code, the	28642
transportation of persons or property, unless the transportation	28643
is by a private investigation and security service;	28644

(12) Sales of tangible personal property or services to	28645
churches, to organizations exempt from taxation under section	28646
501(c)(3) of the Internal Revenue Code of 1986, and to any other	28647
nonprofit organizations operated exclusively for charitable	28648
purposes in this state, no part of the net income of which inures	28649
to the benefit of any private shareholder or individual, and no	28650
substantial part of the activities of which consists of carrying	28651
on propaganda or otherwise attempting to influence legislation;	28652
sales to offices administering one or more homes for the aged or	28653
one or more hospital facilities exempt under section 140.08 of the	28654
Revised Code; and sales to organizations described in division (D)	28655
of section 5709.12 of the Revised Code.	28656

"Charitable purposes" means the relief of poverty; the	28657
improvement of health through the alleviation of illness, disease,	28658
or injury; the operation of an organization exclusively for the	28659
provision of professional, laundry, printing, and purchasing	28660
services to hospitals or charitable institutions; the operation of	28661
a home for the aged, as defined in section 5701.13 of the Revised	28662
Code; the operation of a radio or television broadcasting station	28663
that is licensed by the federal communications commission as a	28664
noncommercial educational radio or television station; the	28665
operation of a nonprofit animal adoption service or a county	28666
humane society; the promotion of education by an institution of	28667
learning that maintains a faculty of qualified instructors,	28668
teaches regular continuous courses of study, and confers a	28669
recognized diploma upon completion of a specific curriculum; the	28670
operation of a parent-teacher association, booster group, or	28671
similar organization primarily engaged in the promotion and	28672
support of the curricular or extracurricular activities of a	28673
primary or secondary school; the operation of a community or area	28674
center in which presentations in music, dramatics, the arts, and	28675
related fields are made in order to foster public interest and	28676
education therein; the production of performances in music,	28677
dramatics, and the arts; or the promotion of education by an	28678
organization engaged in carrying on research in, or the	28679
dissemination of, scientific and technological knowledge and	28680
information primarily for the public.	28681

Nothing in this division shall be deemed to exempt sales to	28682
any organization for use in the operation or carrying on of a	28683
trade or business, or sales to a home for the aged for use in the	28684
operation of independent living facilities as defined in division	28685
(A) of section 5709.12 of the Revised Code.	28686

(13) Building and construction materials and services sold to	28687
construction contractors for incorporation into a structure or	28688
improvement to real property under a construction contract with	28689
this state or a political subdivision of this state, or with the	28690
United States government or any of its agencies; building and	28691
construction materials and services sold to construction	28692
contractors for incorporation into a structure or improvement to	28693
real property that are accepted for ownership by this state or any	28694
of its political subdivisions, or by the United States government	28695
or any of its agencies at the time of completion of the structures	28696
or improvements; building and construction materials sold to	28697
construction contractors for incorporation into a horticulture	28698
structure or livestock structure for a person engaged in the	28699
business of horticulture or producing livestock; building	28700
materials and services sold to a construction contractor for	28701
incorporation into a house of public worship or religious	28702
education, or a building used exclusively for charitable purposes	28703
under a construction contract with an organization whose purpose	28704
is as described in division (B)(12) of this section; building	28705
materials and services sold to a construction contractor for	28706
incorporation into a building under a construction contract with	28707
an organization exempt from taxation under section 501(c)(3) of	28708
the Internal Revenue Code of 1986 when the building is to be used	28709
exclusively for the organization's exempt purposes; building and	28710
construction materials sold for incorporation into the original	28711
construction of a sports facility under section 307.696 of the	28712
Revised Code; and building and construction materials and services	28713
sold to a construction contractor for incorporation into real	28714
property outside this state if such materials and services, when	28715
sold to a construction contractor in the state in which the real	28716
property is located for incorporation into real property in that	28717
state, would be exempt from a tax on sales levied by that state;	28718

(14) Sales of ships or vessels or rail rolling stock used or	28719
to be used principally in interstate or foreign commerce, and	28720
repairs, alterations, fuel, and lubricants for such ships or	28721
vessels or rail rolling stock;	28722

(15) Sales to persons primarily engaged in any of the	28723
activities mentioned in division (B)(42)(a) or (g) of this	28724
section, to persons engaged in making retail sales, or to persons	28725
who purchase for sale from a manufacturer tangible personal	28726
property that was produced by the manufacturer in accordance with	28727
specific designs provided by the purchaser, of packages, including	28728
material, labels, and parts for packages, and of machinery,	28729
equipment, and material for use primarily in packaging tangible	28730
personal property produced for sale, including any machinery,	28731
equipment, and supplies used to make labels or packages, to	28732
prepare packages or products for labeling, or to label packages or	28733
products, by or on the order of the person doing the packaging, or	28734
sold at retail. "Packages" includes bags, baskets, cartons,	28735
crates, boxes, cans, bottles, bindings, wrappings, and other	28736
similar devices and containers, but does not include motor	28737
vehicles or bulk tanks, trailers, or similar devices attached to	28738
motor vehicles. "Packaging" means placing in a package. Division	28739
(B)(15) of this section does not apply to persons engaged in	28740
highway transportation for hire.	28741

(16) Sales of food to persons using food stamp benefits to	28742
purchase the food. As used in this division, "food" has the same	28743
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	28744
2012, as amended, and federal regulations adopted pursuant to that	28745
act.	28746

(17) Sales to persons engaged in farming, agriculture,	28747
horticulture, or floriculture, of tangible personal property for	28748
use or consumption directly in the production by farming,	28749
agriculture, horticulture, or floriculture of other tangible	28750
personal property for use or consumption directly in the	28751
production of tangible personal property for sale by farming,	28752
agriculture, horticulture, or floriculture; or material and parts	28753
for incorporation into any such tangible personal property for use	28754
or consumption in production; and of tangible personal property	28755
for such use or consumption in the conditioning or holding of	28756
products produced by and for such use, consumption, or sale by	28757
persons engaged in farming, agriculture, horticulture, or	28758
floriculture, except where such property is incorporated into real	28759
property;	28760

(18) Sales of drugs for a human being that may be dispensed	28761
only pursuant to a prescription; insulin as recognized in the	28762
official United States pharmacopoeia; urine and blood testing	28763
materials when used by diabetics or persons with hypoglycemia to	28764
test for glucose or acetone; hypodermic syringes and needles when	28765
used by diabetics for insulin injections; epoetin alfa when	28766
purchased for use in the treatment of persons with medical	28767
disease; hospital beds when purchased by hospitals, nursing homes,	28768
or other medical facilities; and medical oxygen and medical	28769
oxygen-dispensing equipment when purchased by hospitals, nursing	28770
homes, or other medical facilities;	28771

(19) Sales of prosthetic devices, durable medical equipment	28772
for home use, or mobility enhancing equipment, when made pursuant	28773
to a prescription and when such devices or equipment are for use	28774
by a human being.	28775

(20) Sales of emergency and fire protection vehicles and	28776
equipment to nonprofit organizations for use solely in providing	28777
fire protection and emergency services, including trauma care and	28778
emergency medical services, for political subdivisions of the	28779
state;	28780

(21) Sales of tangible personal property manufactured in this	28781
state, if sold by the manufacturer in this state to a retailer for	28782
use in the retail business of the retailer outside of this state	28783
and if possession is taken from the manufacturer by the purchaser	28784
within this state for the sole purpose of immediately removing the	28785
same from this state in a vehicle owned by the purchaser;	28786

(22) Sales of services provided by the state or any of its	28787
political subdivisions, agencies, instrumentalities, institutions,	28788
or authorities, or by governmental entities of the state or any of	28789
its political subdivisions, agencies, instrumentalities,	28790
institutions, or authorities;	28791

(23) Sales of motor vehicles to nonresidents of this state	28792
under the circumstances described in division (B) of section	28793
5739.029 of the Revised Code;	28794

(24) Sales to persons engaged in the preparation of eggs for	28795
sale of tangible personal property used or consumed directly in	28796
such preparation, including such tangible personal property used	28797
for cleaning, sanitizing, preserving, grading, sorting, and	28798
classifying by size; packages, including material and parts for	28799
packages, and machinery, equipment, and material for use in	28800
packaging eggs for sale; and handling and transportation equipment	28801
and parts therefor, except motor vehicles licensed to operate on	28802
public highways, used in intraplant or interplant transfers or	28803
shipment of eggs in the process of preparation for sale, when the	28804
plant or plants within or between which such transfers or	28805
shipments occur are operated by the same person. "Packages"	28806
includes containers, cases, baskets, flats, fillers, filler flats,	28807
cartons, closure materials, labels, and labeling materials, and	28808
"packaging" means placing therein.	28809

(25)(a) Sales of water to a consumer for residential use,	28810
except the sale of bottled water, distilled water, mineral water,	28811
carbonated water, or ice;	28812

(b) Sales of water by a nonprofit corporation engaged	28813
exclusively in the treatment, distribution, and sale of water to	28814
consumers, if such water is delivered to consumers through pipes	28815
or tubing.	28816

(26) Fees charged for inspection or reinspection of motor	28817
vehicles under section 3704.14 of the Revised Code;	28818

(27) Sales to persons licensed to conduct a food service	28819
operation pursuant to section 3717.43 of the Revised Code, of	28820
tangible personal property primarily used directly for the	28821
following:	28822

(a) To prepare food for human consumption for sale;

28823

(b) To preserve food that has been or will be prepared for	28824
human consumption for sale by the food service operator, not	28825
including tangible personal property used to display food for	28826
selection by the consumer;	28827

(c) To clean tangible personal property used to prepare or	28828
serve food for human consumption for sale.	28829

(28) Sales of animals by nonprofit animal adoption services	28830
or county humane societies;	28831

(29) Sales of services to a corporation described in division	28832
(A) of section 5709.72 of the Revised Code, and sales of tangible	28833
personal property that qualifies for exemption from taxation under	28834
section 5709.72 of the Revised Code;	28835

(30) Sales and installation of agricultural land tile, as	28836
defined in division (B)(5)(a) of section 5739.01 of the Revised	28837
Code;	28838

(31) Sales and erection or installation of portable grain	28839
bins, as defined in division (B)(5)(b) of section 5739.01 of the	28840
Revised Code;	28841

(32) The sale, lease, repair, and maintenance of, parts for,	28842
or items attached to or incorporated in, motor vehicles that are	28843
primarily used for transporting tangible personal property	28844
belonging to others by a person engaged in highway transportation	28845
for hire, except for packages and packaging used for the	28846
transportation of tangible personal property;	28847

(33) Sales to the state headquarters of any veterans'	28848
organization in this state that is either incorporated and issued	28849
a charter by the congress of the United States or is recognized by	28850
the United States veterans administration, for use by the	28851
headquarters;	28852

(34) Sales to a telecommunications service vendor, mobile	28853
telecommunications service vendor, or satellite broadcasting	28854
service vendor of tangible personal property and services used	28855
directly and primarily in transmitting, receiving, switching, or	28856
recording any interactive, one- or two-way electromagnetic	28857
communications, including voice, image, data, and information,	28858
through the use of any medium, including, but not limited to,	28859
poles, wires, cables, switching equipment, computers, and record	28860
storage devices and media, and component parts for the tangible	28861
personal property. The exemption provided in this division shall	28862
be in lieu of all other exemptions under division (B)(42)(a) of	28863
this section to which the vendor may otherwise be entitled, based	28864
upon the use of the thing purchased in providing the	28865
telecommunications, mobile telecommunications, or satellite	28866
broadcasting service.	28867

(35)(a) Sales where the purpose of the consumer is to use or	28868
consume the things transferred in making retail sales and	28869
consisting of newspaper inserts, catalogues, coupons, flyers, gift	28870
certificates, or other advertising material that prices and	28871
describes tangible personal property offered for retail sale.	28872

(b) Sales to direct marketing vendors of preliminary	28873
materials such as photographs, artwork, and typesetting that will	28874
be used in printing advertising material; of printed matter that	28875
offers free merchandise or chances to win sweepstake prizes and	28876
that is mailed to potential customers with advertising material	28877
described in division (B)(35)(a) of this section; and of equipment	28878
such as telephones, computers, facsimile machines, and similar	28879
tangible personal property primarily used to accept orders for	28880
direct marketing retail sales.	28881

(c) Sales of automatic food vending machines that preserve	28882
food with a shelf life of forty-five days or less by refrigeration	28883
and dispense it to the consumer.	28884

For purposes of division (B)(35) of this section, "direct	28885
marketing" means the method of selling where consumers order	28886
tangible personal property by United States mail, delivery	28887
service, or telecommunication and the vendor delivers or ships the	28888
tangible personal property sold to the consumer from a warehouse,	28889
catalogue distribution center, or similar fulfillment facility by	28890
means of the United States mail, delivery service, or common	28891
carrier.	28892

(36) Sales to a person engaged in the business of	28893
horticulture or producing livestock of materials to be	28894
incorporated into a horticulture structure or livestock structure;	28895

(37) Sales of personal computers, computer monitors, computer	28896
keyboards, modems, and other peripheral computer equipment to an	28897
individual who is licensed or certified to teach in an elementary	28898
or a secondary school in this state for use by that individual in	28899
preparation for teaching elementary or secondary school students;	28900

(38) Sales to a professional racing team of any of the	28901
following:	28902

(a) Motor racing vehicles;

28903

(b) Repair services for motor racing vehicles;

28904

(c) Items of property that are attached to or incorporated in	28905
motor racing vehicles, including engines, chassis, and all other	28906
components of the vehicles, and all spare, replacement, and	28907
rebuilt parts or components of the vehicles; except not including	28908
tires, consumable fluids, paint, and accessories consisting of	28909
instrumentation sensors and related items added to the vehicle to	28910
collect and transmit data by means of telemetry and other forms of	28911
communication.	28912

(39) Sales of used manufactured homes and used mobile homes,	28913
as defined in section 5739.0210 of the Revised Code, made on or	28914
after January 1, 2000;	28915

(40) Sales of tangible personal property and services to a	28916
provider of electricity used or consumed directly and primarily in	28917
generating, transmitting, or distributing electricity for use by	28918
others, including property that is or is to be incorporated into	28919
and will become a part of the consumer's production, transmission,	28920
or distribution system and that retains its classification as	28921
tangible personal property after incorporation; fuel or power used	28922
in the production, transmission, or distribution of electricity;	28923
and tangible personal property and services used in the repair and	28924
maintenance of the production, transmission, or distribution	28925
system, including only those motor vehicles as are specially	28926
designed and equipped for such use. The exemption provided in this	28927
division shall be in lieu of all other exemptions in division	28928
(B)(42)(a) of this section to which a provider of electricity may	28929
otherwise be entitled based on the use of the tangible personal	28930
property or service purchased in generating, transmitting, or	28931
distributing electricity.	28932

(41) Sales to a person providing services under division	28933
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	28934
personal property and services used directly and primarily in	28935
providing taxable services under that section.	28936

(42) Sales where the purpose of the purchaser is to do any of	28937
the following:	28938

(a) To incorporate the thing transferred as a material or a	28939
part into tangible personal property to be produced for sale by	28940
manufacturing, assembling, processing, or refining; or to use or	28941
consume the thing transferred directly in producing tangible	28942
personal property for sale by mining, including, without	28943
limitation, the extraction from the earth of all substances that	28944
are classed geologically as minerals, production of crude oil and	28945
natural gas, farming, agriculture, horticulture, or floriculture,	28946
or directly in the rendition of a public utility service, except	28947
that the sales tax levied by this section shall be collected upon	28948
all meals, drinks, and food for human consumption sold when	28949
transporting persons. Persons engaged in rendering farming,	28950
agricultural, horticultural, or floricultural services, and	28951
services in the exploration for, and production of, crude oil and	28952
natural gas, for others are deemed engaged directly in farming,	28953
agriculture, horticulture, and floriculture, or exploration for,	28954
and production of, crude oil and natural gas. This paragraph does	28955
not exempt from "retail sale" or "sales at retail" the sale of	28956
tangible personal property that is to be incorporated into a	28957
structure or improvement to real property.	28958

(b) To hold the thing transferred as security for the	28959
performance of an obligation of the vendor;	28960

(c) To resell, hold, use, or consume the thing transferred as	28961
evidence of a contract of insurance;	28962

(d) To use or consume the thing directly in commercial	28963
fishing;	28964

(e) To incorporate the thing transferred as a material or a	28965
part into, or to use or consume the thing transferred directly in	28966
the production of, magazines distributed as controlled circulation	28967
publications;	28968

(f) To use or consume the thing transferred in the production	28969
and preparation in suitable condition for market and sale of	28970
printed, imprinted, overprinted, lithographic, multilithic,	28971
blueprinted, photostatic, or other productions or reproductions of	28972
written or graphic matter;	28973

(g) To use the thing transferred, as described in section	28974
5739.011 of the Revised Code, primarily in a manufacturing	28975
operation to produce tangible personal property for sale;	28976

(h) To use the benefit of a warranty, maintenance or service	28977
contract, or similar agreement, as described in division (B)(7) of	28978
section 5739.01 of the Revised Code, to repair or maintain	28979
tangible personal property, if all of the property that is the	28980
subject of the warranty, contract, or agreement would not be	28981
subject to the tax imposed by this section;	28982

(i) To use the thing transferred as qualified research and	28983
development equipment;	28984

(j) To use or consume the thing transferred primarily in	28985
storing, transporting, mailing, or otherwise handling purchased	28986
sales inventory in a warehouse, distribution center, or similar	28987
facility when the inventory is primarily distributed outside this	28988
state to retail stores of the person who owns or controls the	28989
warehouse, distribution center, or similar facility, to retail	28990
stores of an affiliated group of which that person is a member, or	28991
by means of direct marketing. This division does not apply to	28992
motor vehicles registered for operation on the public highways. As	28993
used in this division, "affiliated group" has the same meaning as	28994
in division (B)(3)(e) of section 5739.01 of the Revised Code and	28995
"direct marketing" has the same meaning as in division (B)(35) of	28996
this section.	28997

(k) To use or consume the thing transferred to fulfill a	28998
contractual obligation incurred by a warrantor pursuant to a	28999
warranty provided as a part of the price of the tangible personal	29000
property sold or by a vendor of a warranty, maintenance or service	29001
contract, or similar agreement the provision of which is defined	29002
as a sale under division (B)(7) of section 5739.01 of the Revised	29003
Code;	29004

(l) To use or consume the thing transferred in the production	29005
of a newspaper for distribution to the public;	29006

(m) To use tangible personal property to perform a service	29007
listed in division (B)(3) of section 5739.01 of the Revised Code,	29008
if the property is or is to be permanently transferred to the	29009
consumer of the service as an integral part of the performance of	29010
the service.;	29011

(n) To use or consume the thing transferred in acquiring,	29012
formatting, editing, storing, and disseminating data or	29013
information by electronic publishing.	29014

As used in division (B)(42) of this section, "thing" includes	29015
all transactions included in divisions (B)(3)(a), (b), and (e) of	29016
section 5739.01 of the Revised Code.	29017

(43) Sales conducted through a coin operated device that	29018
activates vacuum equipment or equipment that dispenses water,	29019
whether or not in combination with soap or other cleaning agents	29020
or wax, to the consumer for the consumer's use on the premises in	29021
washing, cleaning, or waxing a motor vehicle, provided no other	29022
personal property or personal service is provided as part of the	29023
transaction.	29024

(44) Sales of replacement and modification parts for engines,	29025
airframes, instruments, and interiors in, and paint for, aircraft	29026
used primarily in a fractional aircraft ownership program, and	29027
sales of services for the repair, modification, and maintenance of	29028
such aircraft, and machinery, equipment, and supplies primarily	29029
used to provide those services.	29030

(45) Sales of telecommunications service that is used	29031
directly and primarily to perform the functions of a call center.	29032
As used in this division, "call center" means any physical	29033
location where telephone calls are placed or received in high	29034
volume for the purpose of making sales, marketing, customer	29035
service, technical support, or other specialized business	29036
activity, and that employs at least fifty individuals that engage	29037
in call center activities on a full-time basis, or sufficient	29038
individuals to fill fifty full-time equivalent positions.	29039

(46) Sales by a telecommunications service vendor of 900	29040
service to a subscriber. This division does not apply to	29041
information services, as defined in division (FF) of section	29042
5739.01 of the Revised Code.	29043

(47) Sales of value-added non-voice data service. This	29044
division does not apply to any similar service that is not	29045
otherwise a telecommunications service.	29046

(48)(a) Sales of machinery, equipment, and software to a	29047
qualified direct selling entity for use in a warehouse or	29048
distribution center primarily for storing, transporting, or	29049
otherwise handling inventory that is held for sale to independent	29050
salespersons who operate as direct sellers and that is held	29051
primarily for distribution outside this state;	29052

(b) As used in division (B)(48)(a) of this section:

29053

(i) "Direct seller" means a person selling consumer products	29054
to individuals for personal or household use and not from a fixed	29055
retail location, including selling such product at in-home product	29056
demonstrations, parties, and other one-on-one selling.	29057

(ii) "Qualified direct selling entity" means an entity	29058
selling to direct sellers at the time the entity enters into a tax	29059
credit agreement with the tax credit authority pursuant to section	29060
122.17 of the Revised Code, provided that the agreement was	29061
entered into on or after January 1, 2007. Neither contingencies	29062
relevant to the granting of, nor later developments with respect	29063
to, the tax credit shall impair the status of the qualified direct	29064
selling entity under division (B)(48) of this section after	29065
execution of the tax credit agreement by the tax credit authority.	29066

(c) Division (B)(48) of this section is limited to machinery,	29067
equipment, and software first stored, used, or consumed in this	29068
state within the period commencing with the effective date of the	29069
amendment of this section by the capital appropriations act of the	29070
127th general assembly and ending on the date that is five years	29071
after that effective date.	29072

(49) Sales of materials, parts, equipment, or engines used	29073
in the repair or maintenance of aircraft or avionics systems of	29074
such aircraft, and sales of repair, remodeling, replacement, or	29075
maintenance services at a federal aviation administration	29076
certified repair station in this state performed on aircraft or	29077
on an aircraft's avionics, engine, or component materials or	29078
parts. As used in division (B)(49) of this section, "aircraft"	29079
means aircraft of more than six thousand pounds maximum certified	29080
takeoff weight or used exclusively in general aviation.	29081

(50) Sales of full flight simulators that are used for pilot	29082
or flight-crew training, sales of repair or replacement parts or	29083
components, and sales of repair or maintenance services for such	29084
full flight simulators. "Full flight simulator" means a replica	29085
of a specific type, or make, model, and series of aircraft	29086
cockpit. It includes the assemblage of equipment and computer	29087
programs necessary to represent aircraft operations in ground and	29088
flight conditions, a visual system providing an	29089
out-of-the-cockpit view, and a system that provides cues at	29090
least equivalent to those of a three-degree-of-freedom motion	29091
system, and has the full range of capabilities of the systems	29092
installed in the device as described in appendices A and B of	29093
part 60 of chapter 1 of title 14 of the Code of Federal	29094
Regulations.	29095

(C) For the purpose of the proper administration of this	29096
chapter, and to prevent the evasion of the tax, it is presumed	29097
that all sales made in this state are subject to the tax until the	29098
contrary is established.	29099

(D) The levy of this tax on retail sales of recreation and	29100
sports club service shall not prevent a municipal corporation from	29101
levying any tax on recreation and sports club dues or on any	29102
income generated by recreation and sports club dues.	29103

(E) The tax collected by the vendor from the consumer under	29104
this chapter is not part of the price, but is a tax collection for	29105
the benefit of the state, and of counties levying an additional	29106
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	29107
Code and of transit authorities levying an additional sales tax	29108
pursuant to section 5739.023 of the Revised Code. Except for the	29109
discount authorized under section 5739.12 of the Revised Code and	29110
the effects of any rounding pursuant to section 5703.055 of the	29111
Revised Code, no person other than the state or such a county or	29112
transit authority shall derive any benefit from the collection or	29113
payment of the tax levied by this section or section 5739.021,	29114
5739.023, or 5739.026 of the Revised Code.	29115

Sec. 5739.029. (A) Notwithstanding sections 5739.02,	29116
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	29117
5741.023 of the Revised Code, and except as otherwise provided in	29118
division (B) of this section, the tax due under this chapter on	29119
the sale of a motor vehicle required to be titled under Chapter	29120
4505. of the Revised Code by a motor vehicle dealer to a consumer	29121
that is a nonresident of this state shall be the lesser of the	29122
amount of tax that would be due under this chapter and Chapter	29123
5741. of the Revised Code if the total combined rate were six per	29124
cent, or the amount of tax that would be due, to the state in	29125
which the consumer titles or registers the motor vehicle or to	29126
which the consumer removes the vehicle for use.	29127

(B) No tax is due under this section, any other section of	29128
this chapter, or Chapter 5741. of the Revised Code under any of	29129
the following circumstances:	29130

(1)(a) The consumer intends to immediately remove the motor	29131
vehicle from this state for use outside this state;	29132

(b) Upon removal of the motor vehicle from this state, the	29133
consumer intends to title or register the vehicle in another state	29134
if such titling or registration is required;	29135

(c) The consumer executes an affidavit as required under	29136
division (C) of this section affirming the consumer's intentions	29137
under divisions (B)(1)(a) and (b) of this section; and	29138

(d) The state in which the consumer titles or registers the	29139
motor vehicle or to which the consumer removes the vehicle for use	29140
provides an exemption under circumstances substantially similar to	29141
those described in division (B)(1) of this section.	29142

(2) The state in which the consumer titles or registers the	29143
motor vehicle or to which the consumer removes the vehicle for use	29144
does not provide a credit against its sales or use tax or similar	29145
excise tax for sales or use tax paid to this state.	29146

(3) The state in which the consumer titles or registers the	29147
motor vehicle or to which the consumer removes the vehicle for use	29148
does not impose a sales or use tax or similar excise tax on the	29149
ownership or use of motor vehicles.	29150

(C) Any nonresident consumer that purchases a motor vehicle	29151
from a motor vehicle dealer in this state under the circumstances	29152
described in divisions (B)(1)(a) and (b) of this section shall	29153
execute an affidavit affirming the intentions described in those	29154
divisions. The affidavit shall be executed in triplicate and in	29155
the form specified by the tax commissioner. The affidavit shall be	29156
given to the motor vehicle dealer.	29157

A motor vehicle dealer that accepts in good faith an	29158
affidavit presented under this division by a nonresident consumer	29159
may rely upon the representations made in the affidavit.	29160

(D) A motor vehicle dealer making a sale subject to the tax	29161
under division (A) of this section shall collect the tax due	29162
unless the sale is subject to the exception under division (B) of	29163
this section or unless the sale is not otherwise subject to taxes	29164
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,	29165
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In	29166
the case of a sale under the circumstances described in division	29167
(B)(1) of this section, the dealer shall retain one copy of the	29168
affidavit and file the original and the other copy with the clerk	29169
of the court of common pleas. If tax is due under division (A) of	29170
this section, the dealer shall remit the tax collected to the	29171
clerk at the time the dealer obtains the Ohio certificate of title	29172
in the name of the consumer as required under section 4505.06 of	29173
the Revised Code. The clerk shall forward the original affidavit	29174
to the tax commissioner in the manner prescribed by the	29175
commissioner.	29176

Unless a sale is excepted from taxation under division (B) of	29177
this section, upon receipt of an application for certificate of	29178
title a clerk of the court of common pleas shall collect the sales	29179
tax due under division (A) of this section. The clerk shall remit	29180
the tax collected to the tax commissioner in the manner prescribed	29181
by the commissioner.	29182

(E) If a motor vehicle is purchased by a corporation	29183
described in division (B)(6) of section 5739.01 of the Revised	29184
Code, the state of residence of the consumer for the purposes of	29185
this section is the state of residence of the corporation's	29186
principal shareholder.	29187

(F) Any provision of this chapter or of Chapter 5741. of the	29188
Revised Code that is not inconsistent with this section applies to	29189
sales described in division (A) of this section.	29190

(G) As used in this section:

29191

(1) For the purposes of this section only, the sale or	29192
purchase of a motor vehicle does not include a lease or rental of	29193
a motor vehicle subject to division (A)(2) or (3) of section	29194
5739.02 or division (A)(2) or (3) of section 5741.02 of the	29195
Revised Code;	29196

(2) "State," except in reference to "this state," means any	29197
state, district, commonwealth, or territory of the United States	29198
and any province of Canada.	29199

Sec. 5739.09. (A)(1) A board of county commissioners may, by	29200
resolution adopted by a majority of the members of the board, levy	29201
an excise tax not to exceed three per cent on transactions by	29202
which lodging by a hotel is or is to be furnished to transient	29203
guests. The board shall establish all regulations necessary to	29204
provide for the administration and allocation of the tax. The	29205
regulations may prescribe the time for payment of the tax, and may	29206
provide for the imposition of a penalty or interest, or both, for	29207
late payments, provided that the penalty does not exceed ten per	29208
cent of the amount of tax due, and the rate at which interest	29209
accrues does not exceed the rate per annum prescribed pursuant to	29210
section 5703.47 of the Revised Code. Except as provided in	29211
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	29212
regulations shall provide, after deducting the real and actual	29213
costs of administering the tax, for the return to each municipal	29214
corporation or township that does not levy an excise tax on the	29215
transactions, a uniform percentage of the tax collected in the	29216
municipal corporation or in the unincorporated portion of the	29217
township from each transaction, not to exceed thirty-three and	29218
one-third per cent. The remainder of the revenue arising from the	29219
tax shall be deposited in a separate fund and shall be spent	29220
solely to make contributions to the convention and visitors'	29221
bureau operating within the county, including a pledge and	29222
contribution of any portion of the remainder pursuant to an	29223
agreement authorized by section 307.695 of the Revised Code,	29224
provided that if the board of county commissioners of an eligible	29225
county as defined in section 307.695 of the Revised Code adopts a	29226
resolution amending a resolution levying a tax under this division	29227
to provide that the revenue from the tax shall be used by the	29228
board as described in division (H) of section 307.695 of the	29229
Revised Code, the remainder of the revenue shall be used as	29230
described in the resolution making that amendment. Except as	29231
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	29232
this section, on and after May 10, 1994, a board of county	29233
commissioners may not levy an excise tax pursuant to this division	29234
in any municipal corporation or township located wholly or partly	29235
within the county that has in effect an ordinance or resolution	29236
levying an excise tax pursuant to division (B) of this section.	29237
The board of a county that has levied a tax under division (C) of	29238
this section may, by resolution adopted within ninety days after	29239
July 15, 1985, by a majority of the members of the board, amend	29240
the resolution levying a tax under this division to provide for a	29241
portion of that tax to be pledged and contributed in accordance	29242
with an agreement entered into under section 307.695 of the	29243
Revised Code. A tax, any revenue from which is pledged pursuant to	29244
such an agreement, shall remain in effect at the rate at which it	29245
is imposed for the duration of the period for which the revenue	29246
from the tax has been so pledged.	29247

The board of county commissioners of an eligible county as	29248
defined in section 307.695 of the Revised Code may, by resolution	29249
adopted by a majority of the members of the board, amend a	29250
resolution levying a tax under this division to provide that the	29251
revenue from the tax shall be used by the board as described in	29252
division (H) of section 307.695 of the Revised Code, in which case	29253
the tax shall remain in effect at the rate at which it was imposed	29254
for the duration of any agreement entered into by the board under	29255
section 307.695 of the Revised Code, the duration during which any	29256
securities issued by the board under that section are outstanding,	29257
or the duration of the period during which the board owns a	29258
project as defined in section 307.695 of the Revised Code,	29259
whichever duration is longest.	29260

(2) A board of county commissioners that levies an excise tax	29261
under division (A)(1) of this section on June 30, 1997, at a rate	29262
of three per cent, and that has pledged revenue from the tax to an	29263
agreement entered into under section 307.695 of the Revised Code	29264
or, in the case of the board of county commissioners of an	29265
eligible county as defined in section 307.695 of the Revised Code,	29266
has amended a resolution levying a tax under division (C) of this	29267
section to provide that proceeds from the tax shall be used by the	29268
board as described in division (H) of section 307.695 of the	29269
Revised Code, may, at any time by a resolution adopted by a	29270
majority of the members of the board, amend the resolution levying	29271
a tax under division (A)(1) of this section to provide for an	29272
increase in the rate of that tax up to seven per cent on each	29273
transaction; to provide that revenue from the increase in the rate	29274
shall be used as described in division (H) of section 307.695 of	29275
the Revised Code or be spent solely to make contributions to the	29276
convention and visitors' bureau operating within the county to be	29277
used specifically for promotion, advertising, and marketing of the	29278
region in which the county is located; and to provide that the	29279
rate in excess of the three per cent levied under division (A)(1)	29280
of this section shall remain in effect at the rate at which it is	29281
imposed for the duration of the period during which any agreement	29282
is in effect that was entered into under section 307.695 of the	29283
Revised Code by the board of county commissioners levying a tax	29284
under division (A)(1) of this section, the duration of the period	29285
during which any securities issued by the board under division (I)	29286
of section 307.695 of the Revised Code are outstanding, or the	29287
duration of the period during which the board owns a project as	29288
defined in section 307.695 of the Revised Code, whichever duration	29289
is longest. The amendment also shall provide that no portion of	29290
that revenue need be returned to townships or municipal	29291
corporations as would otherwise be required under division (A)(1)	29292
of this section.	29293

(3) A board of county commissioners that levies a tax under	29294
division (A)(1) of this section on March 18, 1999, at a rate of	29295
three per cent may, by resolution adopted not later than	29296
forty-five days after March 18, 1999, amend the resolution levying	29297
the tax to provide for all of the following:	29298

(a) That the rate of the tax shall be increased by not more	29299
than an additional four per cent on each transaction;	29300

(b) That all of the revenue from the increase in the rate	29301
shall be pledged and contributed to a convention facilities	29302
authority established by the board of county commissioners under	29303
Chapter 351. of the Revised Code on or before November 15, 1998,	29304
and used to pay costs of constructing, maintaining, operating, and	29305
promoting a facility in the county, including paying bonds, or	29306
notes issued in anticipation of bonds, as provided by that	29307
chapter;	29308

(c) That no portion of the revenue arising from the increase	29309
in rate need be returned to municipal corporations or townships as	29310
otherwise required under division (A)(1) of this section;	29311

(d) That the increase in rate shall not be subject to	29312
diminution by initiative or referendum or by law while any bonds,	29313
or notes in anticipation of bonds, issued by the authority under	29314
Chapter 351. of the Revised Code to which the revenue is pledged,	29315
remain outstanding in accordance with their terms, unless	29316
provision is made by law or by the board of county commissioners	29317
for an adequate substitute therefor that is satisfactory to the	29318
trustee if a trust agreement secures the bonds.	29319

Division (A)(3) of this section does not apply to the board	29320
of county commissioners of any county in which a convention center	29321
or facility exists or is being constructed on November 15, 1998,	29322
or of any county in which a convention facilities authority levies	29323
a tax pursuant to section 351.021 of the Revised Code on that	29324
date.	29325

As used in division (A)(3) of this section, "cost" and	29326
"facility" have the same meanings as in section 351.01 of the	29327
Revised Code, and "convention center" has the same meaning as in	29328
section 307.695 of the Revised Code.	29329

(4)(a) A board of county commissioners that levies a tax	29330
under division (A)(1) of this section on June 30, 2002, at a rate	29331
of three per cent may, by resolution adopted not later than	29332
September 30, 2002, amend the resolution levying the tax to	29333
provide for all of the following:	29334

~~(a)~~(i) That the rate of the tax shall be increased by not	29335
more than an additional three and one-half per cent on each	29336
transaction;	29337

~~(b)~~(ii) That all of the revenue from the increase in rate	29338
shall be pledged and contributed to a convention facilities	29339
authority established by the board of county commissioners under	29340
Chapter 351. of the Revised Code on or before May 15, 2002, and be	29341
used to pay costs of constructing, expanding, maintaining,	29342
operating, or promoting a convention center in the county,	29343
including paying bonds, or notes issued in anticipation of bonds,	29344
as provided by that chapter;	29345

~~(c)~~(iii) That no portion of the revenue arising from the	29346
increase in rate need be returned to municipal corporations or	29347
townships as otherwise required under division (A)(1) of this	29348
section;	29349

~~(d)~~(iv) That the increase in rate shall not be subject to	29350
diminution by initiative or referendum or by law while any bonds,	29351
or notes in anticipation of bonds, issued by the authority under	29352
Chapter 351. of the Revised Code to which the revenue is pledged,	29353
remain outstanding in accordance with their terms, unless	29354
provision is made by law or by the board of county commissioners	29355
for an adequate substitute therefor that is satisfactory to the	29356
trustee if a trust agreement secures the bonds.	29357

(b) Any board of county commissioners that, pursuant to	29358
division (A)(4)(a) of this section, has amended a resolution	29359
levying the tax authorized by division (A)(1) of this section may	29360
further amend the resolution to provide that the revenue referred	29361
to in division (A)(4)(a)(ii) of this section shall be pledged and	29362
contributed both to a convention facilities authority to pay the	29363
costs of constructing, expanding, maintaining, or operating one or	29364
more convention centers in the county, including paying bonds, or	29365
notes issued in anticipation of bonds, as provided in Chapter 351.	29366
of the Revised Code, and to a convention and visitors' bureau to	29367
pay the costs of promoting one or more convention centers in the	29368
county.	29369

As used in division (A)(4) of this section, "cost" has the	29370
same meaning as in section 351.01 of the Revised Code, and	29371
"convention center" has the same meaning as in section 307.695 of	29372
the Revised Code.	29373

(5)(a) As used in division (A)(5) of this section:

29374

(i) "Port authority" means a port authority created under	29375
Chapter 4582. of the Revised Code.	29376

(ii) "Port authority military-use facility" means port	29377
authority facilities on which or adjacent to which is located an	29378
installation of the armed forces of the United States, a reserve	29379
component thereof, or the national guard and at least part of	29380
which is made available for use, for consideration, by the armed	29381
forces of the United States, a reserve component thereof, or the	29382
national guard.	29383

(b) For the purpose of contributing revenue to pay operating	29384
expenses of a port authority that operates a port authority	29385
military-use facility, the board of county commissioners of a	29386
county that created, participated in the creation of, or has	29387
joined such a port authority may do one or both of the following:	29388

(i) Amend a resolution previously adopted under division	29389
(A)(1) of this section to designate some or all of the revenue	29390
from the tax levied under the resolution to be used for that	29391
purpose, notwithstanding that division;	29392

(ii) Amend a resolution previously adopted under division	29393
(A)(1) of this section to increase the rate of the tax by not more	29394
than an additional two per cent and use the revenue from the	29395
increase exclusively for that purpose.	29396

(c) If a board of county commissioners amends a resolution to	29397
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	29398
of this section, the board also may amend the resolution to	29399
specify that the increase in rate of the tax does not apply to	29400
"hotels," as otherwise defined in section 5739.01 of the Revised	29401
Code, having fewer rooms used for the accommodation of guests than	29402
a number of rooms specified by the board.	29403

(6) A board of county commissioners of a county organized	29404
under a county charter adopted pursuant to Article X, Section 3,	29405
Ohio Constitution, and that levies an excise tax under division	29406
(A)(1) of this section at a rate of three per cent and levies an	29407
additional excise tax under division (E) of this section at a rate	29408
of one and one-half per cent may, by resolution adopted not later	29409
than January 1, 2008, by a majority of the members of the board,	29410
amend the resolution levying a tax under division (A)(1) of this	29411
section to provide for an increase in the rate of that tax by not	29412
more than an additional one per cent on transactions by which	29413
lodging by a hotel is or is to be furnished to transient guests.	29414
Notwithstanding divisions (A)(1) and (E) of this section, the	29415
resolution shall provide that all of the revenue from the increase	29416
in rate, after deducting the real and actual costs of	29417
administering the tax, shall be used to pay the costs of	29418
improving, expanding, equipping, financing, or operating a	29419
convention center by a convention and visitors' bureau in the	29420
county. The increase in rate shall remain in effect for the	29421
period specified in the resolution, not to exceed ten years. The	29422
increase in rate shall be subject to the regulations adopted	29423
under division (A)(1) of this section, except that the	29424
resolution may provide that no portion of the revenue from the	29425
increase in the rate shall be returned to townships or municipal	29426
corporations as would otherwise be required under that division.	29427

(7) Division (A)(7) of this section applies only to a county	29428
with a population greater than sixty-five thousand and less than	29429
seventy thousand according to the most recent federal decennial	29430
census and in which, on December 31, 2006, an excise tax is levied	29431
under division (A)(1) of this section at a rate not less than and	29432
not greater than three per cent, and in which the most recent	29433
increase in the rate of that tax was enacted or took effect in	29434
November 1984.	29435

The board of county commissioners of a county to which this	29436
division applies, by resolution adopted by a majority of the	29437
members of the board, may increase the rate of the tax by not more	29438
than one per cent on transactions by which lodging by a hotel is	29439
or is to be furnished to transient guests. The increase in rate	29440
shall be for the purpose of paying expenses deemed necessary by	29441
the convention and visitors' bureau operating in the county to	29442
promote travel and tourism. The increase in rate shall remain in	29443
effect for the period specified in the resolution, not to exceed	29444
twenty years, provided that the increase in rate may not continue	29445
beyond the time when the purpose for which the increase is levied	29446
ceases to exist. If revenue from the increase in rate is pledged	29447
to the payment of debt charges on securities, the increase in rate	29448
is not subject to diminution by initiative or referendum or by law	29449
for so long as the securities are outstanding, unless provision is	29450
made by law or by the board of county commissioners for an	29451
adequate substitute for that revenue that is satisfactory to the	29452
trustee if a trust agreement secures payment of the debt charges.	29453
The increase in rate shall be subject to the regulations adopted	29454
under division (A)(1) of this section, except that the resolution	29455
may provide that no portion of the revenue from the increase in	29456
the rate shall be returned to townships or municipal corporations	29457
as would otherwise be required under division (A)(1) of this	29458
section. A resolution adopted under division (A)(7) of this	29459
section is subject to referendum under sections 305.31 to 305.99	29460
of the Revised Code.	29461

(B)(1) The legislative authority of a municipal corporation	29462
or the board of trustees of a township that is not wholly or	29463
partly located in a county that has in effect a resolution levying	29464
an excise tax pursuant to division (A)(1) of this section may, by	29465
ordinance or resolution, levy an excise tax not to exceed three	29466
per cent on transactions by which lodging by a hotel is or is to	29467
be furnished to transient guests. The legislative authority of the	29468
municipal corporation or the board of trustees of the township	29469
shall deposit at least fifty per cent of the revenue from the tax	29470
levied pursuant to this division into a separate fund, which shall	29471
be spent solely to make contributions to convention and visitors'	29472
bureaus operating within the county in which the municipal	29473
corporation or township is wholly or partly located, and the	29474
balance of that revenue shall be deposited in the general fund.	29475
The municipal corporation or township shall establish all	29476
regulations necessary to provide for the administration and	29477
allocation of the tax. The regulations may prescribe the time for	29478
payment of the tax, and may provide for the imposition of a	29479
penalty or interest, or both, for late payments, provided that the	29480
penalty does not exceed ten per cent of the amount of tax due, and	29481
the rate at which interest accrues does not exceed the rate per	29482
annum prescribed pursuant to section 5703.47 of the Revised Code.	29483
The levy of a tax under this division is in addition to any tax	29484
imposed on the same transaction by a municipal corporation or a	29485
township as authorized by division (A) of section 5739.08 of the	29486
Revised Code.	29487

(2)(a) The legislative authority of the most populous	29488
municipal corporation located wholly or partly in a county in	29489
which the board of county commissioners has levied a tax under	29490
division (A)(4) of this section may amend, on or before September	29491
30, 2002, that municipal corporation's ordinance or resolution	29492
that levies an excise tax on transactions by which lodging by a	29493
hotel is or is to be furnished to transient guests, to provide for	29494
all of the following:	29495

~~(a)~~(i) That the rate of the tax shall be increased by not	29496
more than an additional one per cent on each transaction;	29497

~~(b)~~(ii) That all of the revenue from the increase in rate	29498
shall be pledged and contributed to a convention facilities	29499
authority established by the board of county commissioners under	29500
Chapter 351. of the Revised Code on or before May 15, 2002, and be	29501
used to pay costs of constructing, expanding, maintaining,	29502
operating, or promoting a convention center in the county,	29503
including paying bonds, or notes issued in anticipation of bonds,	29504
as provided by that chapter;	29505

~~(c)~~(iii) That the increase in rate shall not be subject to	29506
diminution by initiative or referendum or by law while any bonds,	29507
or notes in anticipation of bonds, issued by the authority under	29508
Chapter 351. of the Revised Code to which the revenue is pledged,	29509
remain outstanding in accordance with their terms, unless	29510
provision is made by law, by the board of county commissioners, or	29511
by the legislative authority, for an adequate substitute therefor	29512
that is satisfactory to the trustee if a trust agreement secures	29513
the bonds.	29514

(b) The legislative authority of a municipal corporation	29515
that, pursuant to division (B)(2)(a) of this section, has amended	29516
its ordinance or resolution to increase the rate of the tax	29517
authorized by division (B)(1) of this section may further amend	29518
the ordinance or resolution to provide that the revenue referred	29519
to in division (B)(2)(a)(ii) of this section shall be pledged and	29520
contributed both to a convention facilities authority to pay the	29521
costs of constructing, expanding, maintaining, or operating one or	29522
more convention centers in the county, including paying bonds, or	29523
notes issued in anticipation of bonds, as provided in Chapter 351.	29524
of the Revised Code, and to a convention and visitors' bureau to	29525
pay the costs of promoting one or more convention centers in the	29526
county.	29527

As used in division (B)(2) of this section, "cost" has the	29528
same meaning as in section 351.01 of the Revised Code, and	29529
"convention center" has the same meaning as in section 307.695 of	29530
the Revised Code.	29531

(C) For the purposes described in section 307.695 of the	29532
Revised Code and to cover the costs of administering the tax, a	29533
board of county commissioners of a county where a tax imposed	29534
under division (A)(1) of this section is in effect may, by	29535
resolution adopted within ninety days after July 15, 1985, by a	29536
majority of the members of the board, levy an additional excise	29537
tax not to exceed three per cent on transactions by which lodging	29538
by a hotel is or is to be furnished to transient guests. The tax	29539
authorized by this division shall be in addition to any tax that	29540
is levied pursuant to division (A) of this section, but it shall	29541
not apply to transactions subject to a tax levied by a municipal	29542
corporation or township pursuant to the authorization granted by	29543
division (A) of section 5739.08 of the Revised Code. The board	29544
shall establish all regulations necessary to provide for the	29545
administration and allocation of the tax. The regulations may	29546
prescribe the time for payment of the tax, and may provide for the	29547
imposition of a penalty or interest, or both, for late payments,	29548
provided that the penalty does not exceed ten per cent of the	29549
amount of tax due, and the rate at which interest accrues does not	29550
exceed the rate per annum prescribed pursuant to section 5703.47	29551
of the Revised Code. All revenues arising from the tax shall be	29552
expended in accordance with section 307.695 of the Revised Code.	29553
The board of county commissioners of an eligible county as defined	29554
in section 307.695 of the Revised Code may, by resolution adopted	29555
by a majority of the members of the board, amend the resolution	29556
levying a tax under this division to provide that the revenue from	29557
the tax shall be used by the board as described in division (H) of	29558
section 307.695 of the Revised Code. A tax imposed under this	29559
division shall remain in effect at the rate at which it is imposed	29560
for the duration of the period during which any agreement entered	29561
into by the board under section 307.695 of the Revised Code is in	29562
effect, the duration of the period during which any securities	29563
issued by the board under division (I) of section 307.695 of the	29564
Revised Code are outstanding, or the duration of the period during	29565
which the board owns a project as defined in section 307.695 of	29566
the Revised Code, whichever duration is longest.	29567

(D) For the purpose of providing contributions under division	29568
(B)(1) of section 307.671 of the Revised Code to enable the	29569
acquisition, construction, and equipping of a port authority	29570
educational and cultural facility in the county and, to the extent	29571
provided for in the cooperative agreement authorized by that	29572
section, for the purpose of paying debt service charges on bonds,	29573
or notes in anticipation of bonds, described in division (B)(1)(b)	29574
of that section, a board of county commissioners, by resolution	29575
adopted within ninety days after December 22, 1992, by a majority	29576
of the members of the board, may levy an additional excise tax not	29577
to exceed one and one-half per cent on transactions by which	29578
lodging by a hotel is or is to be furnished to transient guests.	29579
The excise tax authorized by this division shall be in addition to	29580
any tax that is levied pursuant to divisions (A), (B), and (C) of	29581
this section, to any excise tax levied pursuant to section 5739.08	29582
of the Revised Code, and to any excise tax levied pursuant to	29583
section 351.021 of the Revised Code. The board of county	29584
commissioners shall establish all regulations necessary to provide	29585
for the administration and allocation of the tax that are not	29586
inconsistent with this section or section 307.671 of the Revised	29587
Code. The regulations may prescribe the time for payment of the	29588
tax, and may provide for the imposition of a penalty or interest,	29589
or both, for late payments, provided that the penalty does not	29590
exceed ten per cent of the amount of tax due, and the rate at	29591
which interest accrues does not exceed the rate per annum	29592
prescribed pursuant to section 5703.47 of the Revised Code. All	29593
revenues arising from the tax shall be expended in accordance with	29594
section 307.671 of the Revised Code and division (D) of this	29595
section. The levy of a tax imposed under this division may not	29596
commence prior to the first day of the month next following the	29597
execution of the cooperative agreement authorized by section	29598
307.671 of the Revised Code by all parties to that agreement. The	29599
tax shall remain in effect at the rate at which it is imposed for	29600
the period of time described in division (C) of section 307.671 of	29601
the Revised Code for which the revenue from the tax has been	29602
pledged by the county to the corporation pursuant to that section,	29603
but, to any extent provided for in the cooperative agreement, for	29604
no lesser period than the period of time required for payment of	29605
the debt service charges on bonds, or notes in anticipation of	29606
bonds, described in division (B)(1)(b) of that section.	29607

(E) For the purpose of paying the costs of acquiring,	29608
constructing, equipping, and improving a municipal educational and	29609
cultural facility, including debt service charges on bonds	29610
provided for in division (B) of section 307.672 of the Revised	29611
Code, and for any additional purposes determined by the county in	29612
the resolution levying the tax or amendments to the resolution,	29613
including subsequent amendments providing for paying costs of	29614
acquiring, constructing, renovating, rehabilitating, equipping,	29615
and improving a port authority educational and cultural performing	29616
arts facility, as defined in section 307.674 of the Revised Code,	29617
and including debt service charges on bonds provided for in	29618
division (B) of section 307.674 of the Revised Code, the	29619
legislative authority of a county, by resolution adopted within	29620
ninety days after June 30, 1993, by a majority of the members of	29621
the legislative authority, may levy an additional excise tax not	29622
to exceed one and one-half per cent on transactions by which	29623
lodging by a hotel is or is to be furnished to transient guests.	29624
The excise tax authorized by this division shall be in addition to	29625
any tax that is levied pursuant to divisions (A), (B), (C), and	29626
(D) of this section, to any excise tax levied pursuant to section	29627
5739.08 of the Revised Code, and to any excise tax levied pursuant	29628
to section 351.021 of the Revised Code. The legislative authority	29629
of the county shall establish all regulations necessary to provide	29630
for the administration and allocation of the tax. The regulations	29631
may prescribe the time for payment of the tax, and may provide for	29632
the imposition of a penalty or interest, or both, for late	29633
payments, provided that the penalty does not exceed ten per cent	29634
of the amount of tax due, and the rate at which interest accrues	29635
does not exceed the rate per annum prescribed pursuant to section	29636
5703.47 of the Revised Code. All revenues arising from the tax	29637
shall be expended in accordance with section 307.672 of the	29638
Revised Code and this division. The levy of a tax imposed under	29639
this division shall not commence prior to the first day of the	29640
month next following the execution of the cooperative agreement	29641
authorized by section 307.672 of the Revised Code by all parties	29642
to that agreement. The tax shall remain in effect at the rate at	29643
which it is imposed for the period of time determined by the	29644
legislative authority of the county. That period of time shall	29645
not exceed fifteen years, except that the legislative authority	29646
of a county with a population of less than two hundred fifty	29647
thousand according to the most recent federal decennial census,	29648
by resolution adopted by a majority of its members before the	29649
original tax expires, may extend the duration of the tax for an	29650
additional period of time. The additional period of time by which	29651
a legislative authority extends a tax levied under this division	29652
shall not exceed fifteen years.	29653

(F) The legislative authority of a county that has levied a	29654
tax under division (E) of this section may, by resolution adopted	29655
within one hundred eighty days after January 4, 2001, by a	29656
majority of the members of the legislative authority, amend the	29657
resolution levying a tax under that division to provide for the	29658
use of the proceeds of that tax, to the extent that it is no	29659
longer needed for its original purpose as determined by the	29660
parties to a cooperative agreement amendment pursuant to division	29661
(D) of section 307.672 of the Revised Code, to pay costs of	29662
acquiring, constructing, renovating, rehabilitating, equipping,	29663
and improving a port authority educational and cultural performing	29664
arts facility, including debt service charges on bonds provided	29665
for in division (B) of section 307.674 of the Revised Code, and to	29666
pay all obligations under any guaranty agreements, reimbursement	29667
agreements, or other credit enhancement agreements described in	29668
division (C) of section 307.674 of the Revised Code. The	29669
resolution may also provide for the extension of the tax at the	29670
same rate for the longer of the period of time determined by the	29671
legislative authority of the county, but not to exceed an	29672
additional twenty-five years, or the period of time required to	29673
pay all debt service charges on bonds provided for in division (B)	29674
of section 307.672 of the Revised Code and on port authority	29675
revenue bonds provided for in division (B) of section 307.674 of	29676
the Revised Code. All revenues arising from the amendment and	29677
extension of the tax shall be expended in accordance with section	29678
307.674 of the Revised Code, this division, and division (E) of	29679
this section.	29680

(G) For purposes of a tax levied by a county, township, or	29681
municipal corporation under this section or section 5739.08 of the	29682
Revised Code, a board of county commissioners, board of township	29683
trustees, or the legislative authority of a municipal corporation	29684
may adopt a resolution or ordinance at any time specifying that	29685
"hotel," as otherwise defined in section 5739.01 of the Revised	29686
Code, includes establishments in which fewer than five rooms are	29687
used for the accommodation of guests. The resolution or ordinance	29688
may apply to a tax imposed pursuant to this section prior to the	29689
adoption of the resolution or ordinance if the resolution or	29690
ordinance so states, but the tax shall not apply to transactions	29691
by which lodging by such an establishment is provided to transient	29692
guests prior to the adoption of the resolution or ordinance.	29693

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

29694

(a) "Convention facilities authority" has the same meaning as	29695
in section 351.01 of the Revised Code.	29696

(b) "Convention center" has the same meaning as in section	29697
307.695 of the Revised Code.	29698

(2) Notwithstanding any contrary provision of division (D) of	29699
this section, the legislative authority of a county with a	29700
population of one million or more according to the most recent	29701
federal decennial census that has levied a tax under division (D)	29702
of this section may, by resolution adopted by a majority of the	29703
members of the legislative authority, provide for the extension of	29704
such levy and may provide that the proceeds of that tax, to the	29705
extent that they are no longer needed for their original purpose	29706
as defined by a cooperative agreement entered into under section	29707
307.671 of the Revised Code, shall be deposited into the county	29708
general revenue fund. The resolution shall provide for the	29709
extension of the tax at a rate not to exceed the rate specified in	29710
division (D) of this section for a period of time determined by	29711
the legislative authority of the county, but not to exceed an	29712
additional forty years.	29713

(3) The legislative authority of a county with a population	29714
of one million or more that has levied a tax under division (A)(1)	29715
of this section may, by resolution adopted by a majority of the	29716
members of the legislative authority, increase the rate of the tax	29717
levied by such county under division (A)(1) of this section to a	29718
rate not to exceed five per cent on transactions by which lodging	29719
by a hotel is or is to be furnished to transient guests.	29720
Notwithstanding any contrary provision of division (A)(1) of this	29721
section, the resolution may provide that all collections resulting	29722
from the rate levied in excess of three per cent, after deducting	29723
the real and actual costs of administering the tax, shall be	29724
deposited in the county general fund.	29725

(4) The legislative authority of a county with a population	29726
of one million or more that has levied a tax under division (A)(1)	29727
of this section may, by resolution adopted on or before August 30,	29728
2004, by a majority of the members of the legislative authority,	29729
provide that all or a portion of the proceeds of the tax levied	29730
under division (A)(1) of this section, after deducting the real	29731
and actual costs of administering the tax and the amounts required	29732
to be returned to townships and municipal corporations with	29733
respect to the first three per cent levied under division (A)(1)	29734
of this section, shall be deposited in the county general fund,	29735
provided that such proceeds shall be used to satisfy any pledges	29736
made in connection with an agreement entered into under section	29737
307.695 of the Revised Code.	29738

(5) No amount collected from a tax levied, extended, or	29739
required to be deposited in the county general fund under division	29740
(H) of this section shall be contributed to a convention	29741
facilities authority, corporation, or other entity created after	29742
July 1, 2003, for the principal purpose of constructing,	29743
improving, expanding, equipping, financing, or operating a	29744
convention center unless the mayor of the municipal corporation	29745
in which the convention center is to be operated by that	29746
convention facilities authority, corporation, or other entity	29747
has consented to the creation of that convention facilities	29748
authority, corporation, or entity. Notwithstanding any contrary	29749
provision of section 351.04 of the Revised Code, if a tax is	29750
levied by a county under division (H) of this section, the board	29751
of county commissioners of that county may determine the manner	29752
of selection, the qualifications, the number, and terms of	29753
office of the members of the board of directors of any convention	29754
facilities authority, corporation, or other entity described in	29755
division (H)(5) of this section.	29756

(6)(a) No amount collected from a tax levied, extended, or	29757
required to be deposited in the county general fund under division	29758
(H) of this section may be used for any purpose other than paying	29759
the direct and indirect costs of constructing, improving,	29760
expanding, equipping, financing, or operating a convention center	29761
and for the real and actual costs of administering the tax,	29762
unless, prior to the adoption of the resolution of the	29763
legislative authority of the county authorizing the levy,	29764
extension, increase, or deposit, the county and the mayor of the	29765
most populous municipal corporation in that county have entered	29766
into an agreement as to the use of such amounts, provided that	29767
such agreement has been approved by a majority of the mayors of	29768
the other municipal corporations in that county. The agreement	29769
shall provide that the amounts to be used for purposes other	29770
than paying the convention center or administrative costs	29771
described in division (H)(6)(a) of this section be used only for	29772
the direct and indirect costs of capital improvements, including	29773
the financing of capital improvements.	29774

(b) If the county in which the tax is levied has an	29775
association of mayors and city managers, the approval of that	29776
association of an agreement described in division (H)(6)(a) of	29777
this section shall be considered to be the approval of the	29778
majority of the mayors of the other municipal corporations for	29779
purposes of that division.	29780

(7) Each year, the auditor of state shall conduct an audit of	29781
the uses of any amounts collected from taxes levied, extended, or	29782
deposited under division (H) of this section and shall prepare a	29783
report of the auditor of state's findings. The auditor of state	29784
shall submit the report to the legislative authority of the county	29785
that has levied, extended, or deposited the tax, the speaker of	29786
the house of representatives, the president of the senate, and the	29787
leaders of the minority parties of the house of representatives	29788
and the senate.	29789

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

29790

(a) "Convention facilities authority" has the same meaning as	29791
in section 351.01 of the Revised Code.	29792

(b) "Convention center" has the same meaning as in section	29793
307.695 of the Revised Code.	29794

(2) Notwithstanding any contrary provision of division (D) of	29795
this section, the legislative authority of a county with a	29796
population of one million two hundred thousand or more according	29797
to the most recent federal decennial census or the most recent	29798
annual population estimate published or released by the United	29799
States census bureau at the time the resolution is adopted placing	29800
the levy on the ballot, that has levied a tax under division (D)	29801
of this section may, by resolution adopted by a majority of the	29802
members of the legislative authority, provide for the extension of	29803
such levy and may provide that the proceeds of that tax, to the	29804
extent that the proceeds are no longer needed for their original	29805
purpose as defined by a cooperative agreement entered into under	29806
section 307.671 of the Revised Code and after deducting the real	29807
and actual costs of administering the tax, shall be used for	29808
paying the direct and indirect costs of constructing, improving,	29809
expanding, equipping, financing, or operating a convention center.	29810
The resolution shall provide for the extension of the tax at a	29811
rate not to exceed the rate specified in division (D) of this	29812
section for a period of time determined by the legislative	29813
authority of the county, but not to exceed an additional forty	29814
years.	29815

(3) The legislative authority of a county with a population	29816
of one million two hundred thousand or more that has levied a tax	29817
under division (A)(1) of this section may, by resolution adopted	29818
by a majority of the members of the legislative authority,	29819
increase the rate of the tax levied by such county under division	29820
(A)(1) of this section to a rate not to exceed five per cent on	29821
transactions by which lodging by a hotel is or is to be furnished	29822
to transient guests. Notwithstanding any contrary provision of	29823
division (A)(1) of this section, the resolution shall provide that	29824
all collections resulting from the rate levied in excess of three	29825
per cent, after deducting the real and actual costs of	29826
administering the tax, shall be used for paying the direct and	29827
indirect costs of constructing, improving, expanding, equipping,	29828
financing, or operating a convention center.	29829

(4) The legislative authority of a county with a population	29830
of one million two hundred thousand or more that has levied a tax	29831
under division (A)(1) of this section may, by resolution adopted	29832
on or before July 1, 2008, by a majority of the members of the	29833
legislative authority, provide that all or a portion of the	29834
proceeds of the tax levied under division (A)(1) of this section,	29835
after deducting the real and actual costs of administering the tax	29836
and the amounts required to be returned to townships and municipal	29837
corporations with respect to the first three per cent levied under	29838
division (A)(1) of this section, shall be used to satisfy any	29839
pledges made in connection with an agreement entered into under	29840
section 307.695 of the Revised Code or shall otherwise be used for	29841
paying the direct and indirect costs of constructing, improving,	29842
expanding, equipping, financing, or operating a convention center.	29843

(5) Any amount collected from a tax levied or extended under	29844
division (I) of this section may be contributed to a convention	29845
facilities authority created before July 1, 2005, but no amount	29846
collected from a tax levied or extended under division (I) of this	29847
section may be contributed to a convention facilities authority,	29848
corporation, or other entity created after July 1, 2005, unless	29849
the mayor of the municipal corporation in which the convention	29850
center is to be operated by that convention facilities authority,	29851
corporation, or other entity has consented to the creation of that	29852
convention facilities authority, corporation, or entity.	29853

Sec. 5739.12. (A)(1) Each person who has or is required to	29854
have a vendor's license, on or before the twenty-third day of	29855
each month, shall make and file a return for the preceding month,	29856
~~on forms~~in the form prescribed by the tax commissioner, and shall	29857
pay the tax shown on the return to be due. The return shall be	29858
filed electronically using the Ohio business gateway, as defined	29859
in section 718.051 of the Revised Code, the Ohio telefile system,	29860
or any other electronic means prescribed by the commissioner.	29861
Payment of the tax shown on the return to be due shall be made	29862
electronically in a manner approved by the commissioner. The	29863
commissioner may require a vendor that operates from multiple	29864
locations or has multiple vendor's licenses to report all tax	29865
liabilities on one consolidated return. The return shall show the	29866
amount of tax due from the vendor to the state for the period	29867
covered by the return and such other information as the	29868
commissioner deems necessary for the proper administration of this	29869
chapter. The commissioner may extend the time for making and	29870
filing returns and paying the tax, and may require that the return	29871
for the last month of any annual or semiannual period, as	29872
determined by the commissioner, be a reconciliation return	29873
detailing the vendor's sales activity for the preceding annual or	29874
semiannual period. The reconciliation return shall be filed by	29875
the last day of the month following the last month of the annual	29876
or semiannual period. The commissioner may remit all or any part	29877
of amounts or penalties that may become due under this chapter and	29878
may adopt rules relating thereto. Such return shall be filed	29879
electronically as directed by ~~mailing it to~~ the tax commissioner,	29880
~~together with~~and payment of the amount of tax shown to be due	29881
thereon, after deduction of any discount provided for under this	29882
section~~. Remittance~~, shall be made ~~payable to the treasurer of~~	29883
~~state. The return shall be considered filed when received by the~~	29884
~~tax commissioner, and the payment shall be considered made when~~	29885
~~received by the tax commissioner or when credited to an account~~	29886
~~designated by the treasurer of state or~~electronically in a manner	29887
approved by the tax commissioner.	29888

(2) Any person required to file returns and make payments	29889
electronically under division (A)(1) of this section may apply to	29890
the tax commissioner on a form prescribed by the commissioner to	29891
be excused from that requirement. For good cause shown, the	29892
commissioner may excuse the person from that requirement and may	29893
permit the person to file the returns and make the payments	29894
required by this section by nonelectronic means.	29895

(B)(1) If the return is filed and the amount of tax shown	29896
thereon to be due is paid on or before the date such return is	29897
required to be filed, the vendor shall be entitled to a discount	29898
of:	29899

~~(a) On and after July 1, 2005, and on and before June 30,~~	29900
~~2007, nine-tenths of one per cent of the amount shown to be due on~~	29901
~~the return;~~	29902

~~(b) On and after July 1, 2007,~~ three-fourths of one per cent	29903
of the amount shown to be due on the return.	29904

(2) A vendor that has selected a certified service provider	29905
as its agent shall not be entitled to the discount if the	29906
certified service provider receives a monetary allowance pursuant	29907
to section 5739.06 of the Revised Code for performing the vendor's	29908
sales and use tax functions in this state. Amounts paid to the	29909
clerk of courts pursuant to section 4505.06 of the Revised Code	29910
shall be subject to the applicable discount. The discount shall be	29911
in consideration for prompt payment to the clerk of courts and for	29912
other services performed by the vendor in the collection of the	29913
tax.	29914

(C)(1) Upon application to the tax commissioner, a vendor who	29915
is required to file monthly returns may be relieved of the	29916
requirement to report and pay the actual tax due, provided that	29917
the vendor agrees to remit to the ~~tax~~ commissioner payment of not	29918
less than an amount determined by the commissioner to be the	29919
average monthly tax liability of the vendor, based upon a review	29920
of the returns or other information pertaining to such vendor for	29921
a period of not less than six months nor more than two years	29922
immediately preceding the filing of the application. Vendors who	29923
agree to the above conditions shall make and file an annual or	29924
semiannual reconciliation return, as prescribed by the	29925
commissioner. The reconciliation return shall be filed	29926
electronically as directed by ~~mailing or delivering it to~~ the tax	29927
commissioner, ~~together with~~and payment of the amount of tax	29928
shown to be due thereon, after deduction of any discount provided	29929
in this section~~. Remittance~~, shall be made ~~payable to the~~	29930
~~treasurer of state~~electronically in a manner approved by the	29931
commissioner. Failure of a vendor to comply with any of the above	29932
conditions may result in immediate reinstatement of the	29933
requirement of reporting and paying the actual tax liability on	29934
each monthly return, and the commissioner may at the	29935
commissioner's discretion deny the vendor the right to report and	29936
pay based upon the average monthly liability for a period not to	29937
exceed two years. The amount ascertained by the commissioner to be	29938
the average monthly tax liability of a vendor may be adjusted,	29939
based upon a review of the returns or other information pertaining	29940
to the vendor for a period of not less than six months nor more	29941
than two years preceding such adjustment.	29942

(2) The commissioner may authorize vendors whose tax	29943
liability is not such as to merit monthly returns, as ascertained	29944
by the commissioner upon the basis of administrative costs to the	29945
state, to make and file returns at less frequent intervals. When	29946
returns are filed at less frequent intervals in accordance with	29947
such authorization, the vendor shall be allowed the discount	29948
provided in this section in consideration for prompt payment with	29949
the return, provided the return is filed ~~together with~~and payment	29950
is made of the amount of tax shown to be due thereon, at the time	29951
specified by the commissioner, but a vendor that has selected a	29952
certified service provider as its agent shall not be entitled to	29953
the discount.	29954

(D) Any vendor who fails to file a return or to pay the full	29955
amount of the tax shown on the return to be due in the manner	29956
prescribed under this section and the rules of the commissioner	29957
may, for each such return ~~the vendor fails to file or each such~~	29958
~~tax the vendor fails to pay in full as shown on the return within~~	29959
~~the period prescribed by this section and the rules of the~~	29960
~~commissioner~~, be required to forfeit and pay into the state	29961
treasury an additional charge not exceeding fifty dollars or ten	29962
per cent of the tax required to be paid for the reporting period,	29963
whichever is greater, as revenue arising from the tax imposed by	29964
this chapter, and such sum may be collected by assessment in the	29965
manner provided in section 5739.13 of the Revised Code. The	29966
commissioner may remit all or a portion of the additional charge	29967
and may adopt rules relating to the imposition and remission of	29968
the additional charge.	29969

(E) If the amount required to be collected by a vendor from	29970
consumers is in excess of the applicable percentage of the	29971
vendor's receipts from sales that are taxable under section	29972
5739.02 of the Revised Code, or in the case of sales subject to a	29973
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	29974
the Revised Code, in excess of the percentage equal to the	29975
aggregate rate of such taxes and the tax levied by section 5739.02	29976
of the Revised Code, such excess shall be remitted along with the	29977
remittance of the amount of tax due under section 5739.10 of the	29978
Revised Code.	29979

(F) The commissioner, if the commissioner deems it necessary	29980
in order to insure the payment of the tax imposed by this chapter,	29981
may require returns and payments to be made for other than monthly	29982
periods. ~~The returns shall be signed by the vendor or the vendor's~~	29983
~~authorized agent.~~	29984

(G) Any vendor required to file a return and pay the tax	29985
under this section, whose total payment for a year equals or	29986
exceeds the amount shown in division (A) of section 5739.122 of	29987
the Revised Code~~, shall make each payment required by this~~	29988
~~section in the second ensuing and each succeeding year by~~	29989
~~electronic funds transfer as prescribed by, and on or before the~~	29990
~~dates specified in, section 5739.122 of the Revised Code, except~~	29991
~~as otherwise prescribed by~~is subject to the accelerated tax	29992
payment requirements in divisions (B) and (C) of that section. For	29993
a vendor that operates from multiple locations or has multiple	29994
vendor's licenses, in determining whether the vendor's total	29995
payment equals or exceeds the amount shown in division (A) of	29996
that section, the vendor's total payment amount shall be the	29997
amount of the vendor's total tax liability for the previous	29998
calendar year for all of the vendor's locations or licenses.	29999

Sec. 5739.122. (A) If the total amount of tax required to be	30000
paid by a vendor under section 5739.12 of the Revised Code for any	30001
calendar year equals or exceeds seventy-five thousand dollars, the	30002
vendor shall remit each monthly tax payment in the second ensuing	30003
and each succeeding tax year ~~by electronic funds transfer~~on an	30004
accelerated basis as prescribed by divisions (B) and (C) of this	30005
section.	30006

If a vendor's tax payment for each of two consecutive years	30007
is less than seventy-five thousand dollars, the vendor is relieved	30008
of the requirement to remit taxes ~~by electronic funds transfer~~in	30009
the manner prescribed by this section for the year that next	30010
follows the second of the consecutive years in which the tax	30011
payment is less than that amount, and is relieved of that	30012
requirement for each succeeding year, unless the tax payment in a	30013
subsequent year equals or exceeds seventy-five thousand dollars.	30014

The tax commissioner shall notify each vendor required to	30015
~~remit taxes by electronic funds transfer~~make accelerated tax	30016
payments of the vendor's obligation to do so,and shall maintain	30017
an updated list of those vendors~~, and shall timely certify the~~	30018
~~list and any additions thereto or deletions therefrom to the~~	30019
~~treasurer of state~~. Failure by the tax commissioner to notify a	30020
vendor subject to this section to remit taxes ~~by electronic funds~~	30021
~~transfer~~on an accelerated basis does not relieve the vendor of	30022
its obligation to remit taxes ~~by electronic funds transfer~~as	30023
provided under division (B) of this section.	30024

(B) Vendors required by division (A) of this section to ~~remit~~	30025
make accelerated tax payments ~~by electronic funds transfer~~ shall	30026
electronically remit such payments to the ~~treasurer of state~~tax	30027
commissioner in ~~the~~a manner ~~prescribed by this section and rules~~	30028
~~adopted~~approved by the ~~treasurer of state under section 113.061~~	30029
~~of the Revised Code, and~~commissioner, as follows:	30030

(1) On or before the twenty-third day of each month, a vendor	30031
shall remit an amount equal to seventy-five per cent of the	30032
anticipated tax liability for that month.	30033

(2) On or before the twenty-third day of each month, a vendor	30034
shall report the taxes collected for the previous month and shall	30035
remit that amount, less any amounts paid for that month as	30036
required by division (B)(1) of this section.	30037

The payment of taxes ~~by electronic funds transfer~~on an	30038
accelerated basis under this section does not affect a vendor's	30039
obligation to file ~~the monthly return~~returns and pay the tax	30040
shown on the returns to be due as required under section 5739.12	30041
of the Revised Code.	30042

(C) A vendor required by this section to remit taxes by	30043
~~electronic funds transfer~~on an accelerated basis may apply to the	30044
~~treasurer of state~~tax commissioner, in the manner prescribed by	30045
the ~~treasurer of state~~commissioner, to be excused from that	30046
requirement. The ~~treasurer of state~~commissioner may excuse the	30047
vendor from remittance ~~by electronic funds transfer~~on an	30048
accelerated basis for good cause shown for the period of time	30049
requested by the vendor or for a portion of that period. ~~The~~	30050
~~treasurer of state shall notify the tax commissioner and the~~	30051
~~vendor of the treasurer of state's decision as soon as is~~	30052
~~practicable.~~	30053

(D)(1)(a) If a vendor that is required to remit payments	30054
under division (B) of this section fails to make a payment	30055
required under division (B)(1) of this section, or makes a	30056
payment under division (B)(1) of this section that is less than	30057
seventy-five per cent of the actual liability for that month, the	30058
commissioner may impose an additional charge not to exceed five	30059
per cent of that unpaid amount.	30060

(b) Division (D)(1)(a) of this section does not apply if the	30061
vendor's payment under division (B)(1) of this section is equal to	30062
or greater than seventy-five per cent of the vendor's reported	30063
liability for the same month in the immediately preceding calendar	30064
year.	30065

(2) ~~If a vendor required by this section to remit taxes by~~	30066
~~electronic funds transfer remits those taxes by some means other~~	30067
~~than by electronic funds transfer as prescribed by this section~~	30068
~~and the rules adopted by the treasurer of state, and the treasurer~~	30069
~~of state determines that such failure was not due to reasonable~~	30070
~~cause or was due to willful neglect, the treasurer of state shall~~	30071
~~notify the tax commissioner of the failure to remit by electronic~~	30072
~~funds transfer and shall provide the commissioner with any~~	30073
~~information used in making that determination. The tax~~	30074
~~commissioner may impose an additional charge not to exceed the~~	30075
~~lesser of five per cent of the amount of the taxes required to be~~	30076
~~paid by electronic funds transfer or five thousand dollars.~~	30077

~~(3)~~ Any additional charge imposed under division (D)(1) or	30078
~~(2)~~ of this section is in addition to any other penalty or charge	30079
imposed under this chapter, and shall be considered as revenue	30080
arising from taxes imposed under this chapter. An additional	30081
charge may be collected by assessment in the manner prescribed by	30082
section 5739.13 of the Revised Code. The tax commissioner may	30083
waive all or a portion of such a charge and may adopt rules	30084
governing such waiver.	30085

~~No additional charge shall be imposed under division (D)(2)~~	30086
~~of this section against a vendor that has been notified of its~~	30087
~~obligation to remit taxes under this section and that remits its~~	30088
~~first two tax payments after such notification by some means other~~	30089
~~than electronic funds transfer. The additional charge may be~~	30090
~~imposed upon the remittance of any subsequent tax payment that the~~	30091
~~vendor remits by some means other than electronic funds transfer.~~	30092

Sec. 5739.124. (A) If required by the tax commissioner, a	30093
~~person~~permit holder required to make payments ~~by electronic funds~~	30094
~~transfer~~ under section 5739.032 ~~or 5739.122~~ of the Revised Code	30095
shall file all returns and reports electronically. The	30096
commissioner may require the ~~person~~permit holder to use the Ohio	30097
business gateway, as defined in section 718.051 of the Revised	30098
Code, or any other electronic means approved by the commissioner,	30099
to file the returns and reports, or to remit the tax, in lieu of	30100
the manner prescribed ~~by the treasurer of state~~ under ~~sections~~	30101
section 5739.032 ~~and 5739.122~~ of the Revised Code.	30102

(B) A person required under this section to file reports and	30103
returns electronically may apply to the tax commissioner to be	30104
excused from that requirement. Applications shall be made on a	30105
form prescribed by the commissioner. The commissioner may approve	30106
the application for good cause.	30107

(C)(1) If a person required to file a report or return	30108
electronically under this section fails to do so, the tax	30109
commissioner may impose an additional charge not to exceed the	30110
following:	30111

(a) For each of the first two failures, five per cent of the	30112
amount required to be reported on the report or return;	30113

(b) For the third and any subsequent failure, ten per cent of	30114
the amount required to be reported on the report or return.	30115

(2) The charges authorized under division (C)(1) of this	30116
section are in addition to any other charge or penalty authorized	30117
under this chapter, and shall be considered as revenue arising	30118
from taxes imposed under this chapter. An additional charge may be	30119
collected by assessment in the manner prescribed by section	30120
5739.13 of the Revised Code. The commissioner may waive all or a	30121
portion of such a charge and may adopt rules governing such	30122
waiver.	30123

Sec. 5739.21. (A) One hundred per cent of all money	30124
deposited into the state treasury under sections 5739.01 to	30125
5739.31 of the Revised Code ~~and~~that is not required to be	30126
distributed as provided in section 5739.102 of the Revised Code or	30127
division (B) of this section shall be credited to the general	30128
revenue fund.	30129

(B)(1) In any case where any county or transit authority has	30130
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	30131
5739.026 of the Revised Code, the tax commissioner shall, within	30132
forty-five days after the end of each month, determine and certify	30133
to the director of budget and management the amount of the	30134
proceeds of such tax or taxes received during that month from	30135
billings and assessments, or associated with tax returns or	30136
reports filed during that month, to be returned to the county or	30137
transit authority levying the tax or taxes. The amount to be	30138
returned to each county and transit authority shall be a fraction	30139
of the aggregate amount of money collected with respect to each	30140
area in which one or more of such taxes are concurrently in effect	30141
with the tax levied by section 5739.02 of the Revised Code. The	30142
numerator of the fraction is the rate of the tax levied by the	30143
county or transit authority and the denominator of the fraction is	30144
the aggregate rate of such taxes applicable to such area. The	30145
amount to be returned to each county or transit authority shall be	30146
reduced by the amount of any refunds of county or transit	30147
authority tax paid pursuant to section 5739.07 of the Revised Code	30148
during the same month, or transfers made pursuant to division	30149
(B)(2) of section 5703.052 of the Revised Code.	30150

(2) On a periodic basis, using the best information	30151
available, the tax commissioner shall distribute any amount of a	30152
county or transit authority tax that cannot be distributed under	30153
division (B)(1) of this section. Through audit or other means, the	30154
commissioner shall attempt to obtain the information necessary to	30155
make the distribution as provided under that division and, on	30156
receipt of that information, shall make adjustments to	30157
distributions previously made under this division.	30158

(3) Beginning July 1, 2008, eight and thirty-three	30159
one-hundredths of one per cent of the revenue collected from the	30160
tax due under division (A) of section 5739.029 of the Revised Code	30161
shall be distributed to the county where the sale of the motor	30162
vehicle is sitused under section 5739.035 of the Revised Code. The	30163
amount to be so distributed to the county shall be apportioned on	30164
the basis of the rates of taxes the county levies pursuant to	30165
sections 5739.021 and 5739.026 of the Revised Code, as applicable,	30166
and shall be credited to the funds of the county as provided in	30167
divisions (A) and (B) of section 5739.211 of the Revised Code.	30168

(C) The aggregate amount to be returned to any county or	30169
transit authority shall be reduced by one per cent, which shall be	30170
certified directly to the credit of the local sales tax	30171
administrative fund, which is hereby created in the state	30172
treasury. For the purpose of determining the amount to be returned	30173
to a county and transit authority in which the rate of tax imposed	30174
by the transit authority has been reduced under section 5739.028	30175
of the Revised Code, the tax commissioner shall use the respective	30176
rates of tax imposed by the county or transit authority that	30177
results from the change in the rates authorized under that	30178
section.	30179

(D) The director of budget and management shall transfer,	30180
from the same funds and in the same proportions specified in	30181
division (A) of this section, to the permissive tax distribution	30182
fund created by division (B)(1) of section 4301.423 of the Revised	30183
Code and to the local sales tax administrative fund, the amounts	30184
certified by the tax commissioner. The tax commissioner shall	30185
then, on or before the twentieth day of the month in which such	30186
certification is made, provide for payment of such respective	30187
amounts to the county treasurer and to the fiscal officer of the	30188
transit authority levying the tax or taxes. The amount transferred	30189
to the local sales tax administrative fund is for use by the tax	30190
commissioner in defraying costs incurred in administering such	30191
taxes levied by a county or transit authority.	30192

Sec. 5741.04. Every seller required to register with the tax	30193
commissioner pursuant to section 5741.17 of the Revised Code who	30194
is engaged in the business of selling tangible personal property	30195
in this state for storage, use, or other consumption in this	30196
state, to which section 5741.02 of the Revised Code applies, or	30197
which is subject to a tax levied pursuant to section 5741.021,	30198
5741.022, or 5741.023 of the Revised Code, shall, and any other	30199
seller who is authorized by rule of the tax commissioner to do so	30200
may, collect from the consumer the full and exact amount of the	30201
tax payable on each such storage, use, or consumption, in the	30202
manner and at the times provided as follows:	30203

(A) If the price is, at or prior to the delivery of	30204
possession of the thing sold to the consumer, paid in currency	30205
passed from hand to hand by the consumer, or ~~his~~the consumer's	30206
agent, to the seller, or ~~his~~the seller's agent, the seller or ~~his~~	30207
the seller's agent shall collect the tax with and at the same time	30208
as the price.	30209

(B) If the price is otherwise paid or to be paid, the seller	30210
or ~~his~~the seller's agent shall, at or prior to the delivery of	30211
possession of the thing sold to the consumer, charge the tax	30212
imposed by or pursuant to section 5741.02, 5741.021, 5741.022, or	30213
5741.023 of the Revised Code to the account of the consumer, which	30214
amount shall be collected by the seller from the consumer in	30215
addition to the price. Such transaction shall be reported on the	30216
return for the period in which the transaction occurred, and the	30217
amount of tax applicable to the transaction shall be remitted with	30218
the return or, if the consumer is subject to section 5741.121 of	30219
the Revised Code, ~~by electronic funds transfer as~~in the manner	30220
prescribed by that section. The amount of the tax shall become a	30221
legal charge in favor of the seller and against the consumer.	30222

(C) It shall be the obligation of each consumer, as required	30223
by section 5741.12 of the Revised Code, to report and pay the	30224
taxes levied by sections 5741.021, 5741.022, and 5741.023 of the	30225
Revised Code, if applicable, on any storage, use, or other	30226
consumption of tangible personal property purchased in this state	30227
from a vendor required to be licensed pursuant to section 5739.17	30228
of the Revised Code.	30229

Sec. 5741.12. (A) Each seller required by section 5741.17 of	30230
the Revised Code to register with the tax commissioner, and any	30231
seller authorized by the commissioner to collect the tax imposed	30232
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	30233
of the Revised Code is subject to the same requirements and	30234
entitled to the same deductions and discount for prompt payments	30235
as are vendors under section 5739.12 of the Revised Code, and the	30236
same monetary allowances as are vendors under section 5739.06 of	30237
the Revised Code. The powers and duties of the commissioner ~~and~~	30238
~~the treasurer of state~~ with respect to returns and tax remittances	30239
under this section shall be identical with those prescribed in	30240
section 5739.12 of the Revised Code.	30241

(B) Every person storing, using, or consuming tangible	30242
personal property or receiving the benefit of a service, the	30243
storage, use, consumption, or receipt of which is subject to the	30244
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	30245
or 5741.023 of the Revised Code, when such tax was not paid to a	30246
seller, shall, on or before the twenty-third day of each month,	30247
file with the tax commissioner a return for the preceding month in	30248
such form as is prescribed by the commissioner, showing such	30249
information as the commissioner deems necessary, and shall pay the	30250
tax shown on the return to be due. Remittance shall be made	30251
payable to the treasurer of state. The commissioner may require	30252
consumers to file returns and pay the tax at other than monthly	30253
intervals, if the commissioner determines that such filing is	30254
necessary for the efficient administration of the tax. If the	30255
commissioner determines that a consumer's tax liability is not	30256
such as to merit monthly filing, the commissioner may authorize	30257
the consumer to file returns and pay tax at less frequent	30258
intervals.	30259

Any consumer required to file a return and pay the tax under	30260
this section whose payment for any year ~~indicated in~~equals or	30261
exceeds the amount shown in division (A) of section 5741.121 of	30262
the Revised Code ~~equals or exceeds the amount shown in that~~	30263
~~section shall make each payment required by this section in the~~	30264
~~second ensuing and each succeeding year by means of electronic~~	30265
~~funds transfer as prescribed by, and on or before the dates~~	30266
~~specified in, section 5741.121 of the Revised Code, except as~~	30267
~~otherwise prescribed by~~is subject to the accelerated tax payment	30268
requirements in divisions (B) and (C) of that section.	30269

(C) Every person storing, using, or consuming a motor	30270
vehicle, watercraft, or outboard motor, the ownership of which	30271
must be evidenced by certificate of title, shall file the return	30272
required by this section and pay the tax due at or prior to the	30273
time of filing an application for certificate of title.	30274

Sec. 5741.121. (A) If the total amount of tax required to be	30275
paid by a seller or consumer under section 5741.12 of the Revised	30276
Code for any year equals or exceeds seventy-five thousand dollars,	30277
the seller or consumer shall remit each monthly tax payment in the	30278
second ensuing and each succeeding year ~~by electronic funds~~	30279
~~transfer~~on an accelerated basis as prescribed by division (B) of	30280
this section.	30281

If a seller's or consumer's tax payment for each of two	30282
consecutive years is less than seventy-five thousand dollars, the	30283
seller or consumer is relieved of the requirement to remit taxes	30284
~~by electronic funds transfer~~on an accelerated basis for the year	30285
that next follows the second of the consecutive years in which	30286
the tax payment is less than that amount, and is relieved of that	30287
requirement for each succeeding year, unless the tax payment in a	30288
subsequent year equals or exceeds seventy-five thousand dollars.	30289

The tax commissioner shall notify each seller or consumer	30290
required to ~~remit taxes by electronic funds transfer~~make	30291
accelerated tax payments of the seller's or consumer's obligation	30292
to do so,and shall maintain an updated list of those sellers and	30293
consumers~~, and shall timely certify the list and any additions~~	30294
~~thereto or deletions therefrom to the treasurer of state~~.	30295
Failure by the tax commissioner to notify a seller or consumer	30296
subject to this section to remit taxes ~~by electronic funds~~	30297
~~transfer~~on an accelerated basis does not relieve the seller or	30298
consumer of the obligation to remit taxes ~~by electronic funds~~	30299
~~transfer~~as provided under division (B) of this section.	30300

(B) Sellers and consumers required by division (A) of this	30301
section to ~~remit~~make accelerated tax payments ~~by electronic funds~~	30302
~~transfer~~ shall electronically remit such payments to the	30303
~~treasurer of state~~tax commissioner, in ~~the~~a manner ~~prescribed~~	30304
~~by this section and rules adopted~~approved by the ~~treasurer of~~	30305
~~state under section 113.061 of the Revised Code, and~~	30306
commissioner, as follows:	30307

(1) On or before the twenty-third day of each month, a seller	30308
or consumer shall remit an amount equal to seventy-five per cent	30309
of the anticipated tax liability for that month.	30310

(2) On or before the twenty-third day of each month, a seller	30311
shall report the taxes collected and a consumer shall report the	30312
taxes due for the previous month and shall remit that amount, less	30313
any amounts paid for that month as required by division (B)(1) of	30314
this section.	30315

The payment of taxes ~~by electronic funds transfer~~on an	30316
accelerated basis under this section does not affect a seller's	30317
or consumer's obligation to file ~~the monthly return~~returns and	30318
pay the tax shown on the returns to be due as required under	30319
section 5741.12 of the Revised Code.	30320

(C) A seller or consumer required by this section to remit	30321
taxes ~~by electronic funds transfer~~on an accelerated basis may	30322
apply to the ~~treasurer of state~~tax commissioner in the manner	30323
prescribed by the ~~treasurer of state~~commissioner to be excused	30324
from that requirement. The ~~treasurer of state~~commissioner may	30325
excuse the seller or consumer from remittance ~~by electronic funds~~	30326
~~transfer~~on an accelerated basis for good cause shown for the	30327
period of time requested by the seller or consumer or for a	30328
portion of that period. ~~The treasurer of state shall notify the~~	30329
~~tax commissioner and the seller or consumer of the treasurer of~~	30330
~~state's decision as soon as is practicable.~~	30331

(D)(1)(a) If a seller or consumer that is required to remit	30332
payments under division (B) of this section fails to make a	30333
payment required under division (B)(1) of this section, or makes a	30334
payment under division (B)(1) of this section that is less than	30335
seventy-five per cent of the actual liability for that month, the	30336
commissioner may impose an additional charge not to exceed five	30337
per cent of that unpaid amount.	30338

(b) Division (D)(1)(a) of this section does not apply if the	30339
seller's or consumer's payment under division (B)(1) of this	30340
section is equal to or greater than seventy-five per cent of the	30341
seller's or consumer's reported liability for the same month in	30342
the immediately preceding calendar year.	30343

(2) ~~If a seller or consumer required by this section to remit~~	30344
~~taxes by electronic funds transfer remits those taxes by some~~	30345
~~means other than by electronic funds transfer as prescribed by the~~	30346
~~rules adopted by the treasurer of state, and the treasurer of~~	30347
~~state determines that such failure was not due to reasonable cause~~	30348
~~or was due to willful neglect, the treasurer of state shall notify~~	30349
~~the tax commissioner of the failure to remit by electronic funds~~	30350
~~transfer and shall provide the commissioner with any information~~	30351
~~used in making that determination. The tax commissioner may impose~~	30352
~~an additional charge not to exceed the lesser of five per cent of~~	30353
~~the amount of the taxes required to be paid by electronic funds~~	30354
~~transfer or five thousand dollars.~~	30355

~~(3)~~ Any additional charge imposed under division (D)(1) of	30356
this section is in addition to any other penalty or charge	30357
imposed under this chapter, and shall be considered as revenue	30358
arising from taxes imposed under this chapter. An additional	30359
charge may be collected by assessment in the manner prescribed by	30360
section 5741.13 of the Revised Code. The tax commissioner may	30361
waive all or a portion of such a charge and may adopt rules	30362
governing such waiver.	30363

~~No additional charge shall be imposed under division (D)(2)~~	30364
~~of this section against a seller or consumer that has been~~	30365
~~notified of the obligation to remit taxes under this section and~~	30366
~~that remits its first two tax payments after such notification by~~	30367
~~some means other than electronic funds transfer. The additional~~	30368
~~charge may be imposed upon the remittance of any subsequent tax~~	30369
~~payment that the seller or consumer remits by some means other~~	30370
~~than electronic funds transfer.~~	30371

Sec. 5741.122. (A) If required by the tax commissioner, a	30372
person required to make payments ~~by electronic funds transfer~~	30373
under section ~~5739.032 or~~ 5741.121 of the Revised Code shall file	30374
all returns and reports electronically. The commissioner may	30375
require the person to use the Ohio business gateway, as defined	30376
in section 718.051 of the Revised Code, or any other electronic	30377
means approved by the commissioner, to file the returns and	30378
reports, or to remit the tax, in lieu of the manner prescribed	30379
~~by the treasurer of state~~ under ~~sections 5739.032 and~~section	30380
5741.121 of the Revised Code.	30381

(B) A person required under this section to file reports and	30382
returns electronically may apply to the tax commissioner to be	30383
excused from that requirement. Applications shall be made on a	30384
form prescribed by the commissioner. The commissioner may approve	30385
the application for good cause.	30386

(C)(1) If a person required to file a report or return	30387
electronically under this section fails to do so, the tax	30388
commissioner may impose an additional charge not to exceed the	30389
following:	30390

(a) For each of the first two failures, five per cent of the	30391
amount required to be reported on the report or return;	30392

(b) For the third and any subsequent failure, ten per cent of	30393
the amount required to be reported on the report or return.	30394

(2) The charges authorized under division (C)(1) of this	30395
section are in addition to any other charge or penalty authorized	30396
under this chapter, and shall be considered as revenue arising	30397
from taxes imposed under this chapter. An additional charge may be	30398
collected by assessment in the manner prescribed by section	30399
5741.13 of the Revised Code. The commissioner may waive all or a	30400
portion of such a charge and may adopt rules governing such	30401
waiver.	30402

Sec. 5743.024. (A) For the purposes of section 307.696 of	30403
the Revised Code, to pay the expenses of administering the tax,	30404
and to pay any or all of the charge the board of elections makes	30405
against the county to hold the election on the question of levying	30406
the tax, or for such purposes and to provide revenues to the	30407
county for permanent improvements, the board of county	30408
commissioners may levy a tax on sales of cigarettes sold for	30409
resale at retail in the county. The tax shall not exceed two and	30410
twenty-five hundredths of a mill per cigarette, and shall be	30411
computed on each cigarette sold. The tax may be levied for any	30412
number of years not exceeding twenty. Only one sale of the same	30413
article shall be used in computing the amount of tax due.	30414

The tax shall be levied pursuant to a resolution of the	30415
county commissioners approved by a majority of the electors in the	30416
county voting on the question of levying the tax. The resolution	30417
shall specify the rate of the tax, the number of years the tax	30418
will be levied, and the purposes for which the tax is levied. Such	30419
election may be held on the date of a general or special election	30420
held not sooner than seventy-five days after the date the board	30421
certifies its resolution to the board of elections. If approved by	30422
the electors, the tax shall take effect on the first day of the	30423
month specified in the resolution but not sooner than the first	30424
day of the month that is at least sixty days after the	30425
certification of the election results by the board of elections. A	30426
copy of the resolution levying the tax shall be certified to the	30427
tax commissioner at least sixty days prior to the date on which	30428
the tax is to become effective.	30429

A resolution under this section may be joined on the ballot	30430
as a single question with a resolution adopted under section	30431
307.697 or 4301.421 of the Revised Code to levy a tax for the same	30432
purposes and for the purpose of paying the expenses of	30433
administering the tax. The form of the ballot in an election held	30434
pursuant to this section shall be as prescribed in section 307.697	30435
of the Revised Code.	30436

(B) The treasurer of state shall credit all moneys arising	30437
from each county's taxes levied under this section and section	30438
5743.323 of the Revised Code as follows:	30439

(1) To the tax refund fund created by section 5703.052 of the	30440
Revised Code, amounts equal to the refunds from each tax levied	30441
under this section certified by the tax commissioner pursuant to	30442
section 5743.05 of the Revised Code;	30443

(2) Following the crediting of amounts pursuant to division	30444
(B)(1) of this section:	30445

(a) To the permissive tax distribution fund created by	30446
division (B)(1) of section 4301.423 of the Revised Code, an amount	30447
equal to ninety-eight per cent of the remainder collected;	30448

(b) To the local excise tax administrative fund, which is	30449
hereby created in the state treasury, an amount equal to two per	30450
cent of such remainder, for use by the tax commissioner in	30451
defraying costs incurred in administering the tax.	30452

On or before the second working day of each month, the	30453
treasurer of state shall certify to the tax commissioner the	30454
amount of each county's taxes levied under sections 5743.024 and	30455
5743.323 and paid to the treasurer of state during the preceding	30456
month.	30457

On or before the tenth day of each month, the tax	30458
commissioner shall distribute the amount credited to the	30459
permissive tax distribution fund during the preceding month by	30460
providing for payment of the appropriate amount to the county	30461
treasurer of each county levying the tax.	30462

(C) The board of county commissioners of a county in which a	30463
tax is imposed under this section on ~~the effective date of this~~	30464
~~amendment~~July 19, 1995, may levy a tax for the purpose of section	30465
307.673 of the Revised Code regardless of whether or not the	30466
cooperative agreement authorized under that section has been	30467
entered into prior to the day the resolution adopted under	30468
division (C)(1) or (2) of this section is adopted, and for the	30469
purpose of reimbursing a county for costs incurred in the	30470
construction of a sports facility pursuant to an agreement entered	30471
into by the county under section 307.696 of the Revised Code. The	30472
tax shall be levied and approved in one of the manners prescribed	30473
by division (C)(1) or (2) of this section.	30474

(1) The tax may be levied pursuant to a resolution adopted by	30475
a majority of the members of the board of county commissioners not	30476
later than forty-five days after ~~the effective date of this~~	30477
~~amendment~~July 19, 1995. A board of county commissioners approving	30478
a tax under division (C)(1) of this section may approve a tax	30479
under division (D)(1) of section 307.697 or division (B)(1) of	30480
section 4301.421 of the Revised Code at the same time. Subject to	30481
the resolution being submitted to a referendum under sections	30482
305.31 to 305.41 of the Revised Code, the resolution shall take	30483
effect immediately, but the tax levied pursuant to the resolution	30484
shall not be levied prior to the day following the last day taxes	30485
levied pursuant to division (A) of this section may be levied.	30486

(2) The tax may be levied pursuant to a resolution adopted by	30487
a majority of the members of the board of county commissioners not	30488
later than forty-five days after ~~the effective date of this~~	30489
~~amendment~~July 19, 1995, and approved by a majority of the	30490
electors of the county voting on the question of levying the tax	30491
at the next succeeding general election following ~~the effective~~	30492
~~date of this amendment~~July 19, 1995. The board of county	30493
commissioners shall certify a copy of the resolution to the board	30494
of elections immediately upon adopting a resolution under division	30495
(C)(2) of this section, and the board of elections shall place the	30496
question of levying the tax on the ballot at that election. The	30497
form of the ballot shall be as prescribed by division (C) of	30498
section 307.697 of the Revised Code, except that the phrase	30499
"paying not more than one-half of the costs of providing a sports	30500
facility together with related redevelopment and economic	30501
development projects" shall be replaced by the phrase "paying the	30502
costs of constructing or renovating a sports facility and	30503
reimbursing a county for costs incurred by the county in the	30504
construction of a sports facility," and the phrase ", beginning	30505
.......... (here insert the earliest date the tax would take	30506
effect)" shall be appended after "years." A board of county	30507
commissioners submitting the question of a tax under division	30508
(C)(2) of this section may submit the question of a tax under	30509
division (D)(2) of section 307.697 or division (B)(2) of section	30510
4301.421 of the Revised Code as a single question, and the form of	30511
the ballot shall include each of the proposed taxes.	30512

If approved by a majority of electors voting on the question,	30513
the tax shall take effect on the day specified on the ballot,	30514
which shall not be earlier than the day following the last day the	30515
tax levied pursuant to division (A) of this section may be levied.	30516

The rate of a tax levied pursuant to division (C)(1) or (2)	30517
of this section shall not exceed the rate specified in division	30518
(A) of this section. A tax levied pursuant to division (C)(1) or	30519
(2) of this section may be levied for any number of years not	30520
exceeding twenty.	30521

A board of county commissioners adopting a resolution under	30522
this division shall certify a copy of the resolution to the tax	30523
commissioner immediately upon adoption of the resolution.	30524

(E) No tax shall be levied under this section on or after the	30525
effective date of the amendment of this section by H.B. 562 of	30526
the 127th general assembly. This division does not prevent the	30527
collection of any tax levied under this section before that date	30528
so long as that tax remains effective.	30529

Sec. 5743.323. For the purposes of section 307.696 of the	30530
Revised Code and to pay the expenses of levying the tax or for	30531
such purposes and to provide revenues to the county for permanent	30532
improvements, the board of county commissioners of a county that	30533
levies a tax under division (A) or (C) of section 5743.024 of the	30534
Revised Code shall by resolution adopted by a majority of the	30535
board levy a tax at the same rate on the use, consumption, or	30536
storage for consumption of cigarettes by consumers in the county,	30537
provided that the tax shall not apply if the tax levied by	30538
division (A) or (C) of section 5743.024 of the Revised Code has	30539
been paid. The tax shall take effect on the date that a tax levied	30540
under division (A) or (C) of section 5743.024 of the Revised Code	30541
takes effect, and shall remain in effect as long as the tax levied	30542
under such division remains effective.	30543

No tax shall be levied under this section on or after the	30544
effective date of the amendment of this section by H.B. 562 of the	30545
127th general assembly. This paragraph does not prevent the	30546
collection of any tax levied under this section before that date	30547
so long as that tax remains effective.	30548

Sec. 5745.05. (A) Prior to the first day of March, June,	30549
September, and December, the tax commissioner shall certify to the	30550
director of budget and management the amount to be paid to each	30551
municipal corporation, as indicated on the declaration of	30552
estimated tax reports and annual reports received under sections	30553
5745.03 and 5745.04 of the Revised Code, less any amounts	30554
previously distributed and net of any audit adjustments made by	30555
the tax commissioner. Not later than the first day of March, June,	30556
September, and December, the director of budget and management	30557
shall provide for payment of the amount certified to each	30558
municipal corporation from the municipal income tax fund, plus a	30559
pro rata share of any investment earnings accruing to the fund	30560
since the previous payment under this section apportioned among	30561
municipal corporations entitled to such payments in proportion to	30562
the amount certified by the tax commissioner. All investment	30563
earnings on money in the municipal income tax fund shall be	30564
credited to that fund.	30565

(B) If the tax commissioner determines that the amount of tax	30566
paid by a taxpayer and distributed to a municipal corporation	30567
under this section for a taxable year exceeds the amount payable	30568
to that municipal corporation under this chapter after accounting	30569
for amounts remitted with the annual report and as estimated	30570
taxes, the tax commissioner shall permit the taxpayer to credit	30571
the excess against the taxpayer's payments to the municipal	30572
corporation of estimated taxes remitted for an ensuing taxable	30573
year under section 5745.04 of the Revised Code. If, upon the	30574
written request of the taxpayer, the tax commissioner determines	30575
that the excess to be so credited is likely to exceed the amount	30576
of estimated taxes payable by the taxpayer to the municipal	30577
corporation during the ensuing twelve months, the tax commissioner	30578
shall so notify the municipal corporation and the municipal	30579
corporation shall issue a refund of the excess to the taxpayer	30580
within ninety days after receiving such a notice. Interest shall	30581
accrue on the amount to be refunded and is payable to the taxpayer	30582
at the rate per annum prescribed by section 5703.47 of the Revised	30583
Code from the ninety-first day after the notice is received by the	30584
municipal corporation until the day the refund is paid.	30585
Immediately after notifying a municipal corporation under this	30586
division of an excess to be refunded, the commissioner also shall	30587
notify the director of budget and management of the amount of the	30588
excess, and the director shall transfer from the municipal income	30589
tax administrative fund to the municipal income tax fund one and	30590
one-half per cent of the amount of the excess. The commissioner	30591
shall include the transferred amount in the computation of the	30592
amount due the municipal corporation in the next certification to	30593
the director under division (A) of this section.	30594

Sec. 5747.01. Except as otherwise expressly provided or	30595
clearly appearing from the context, any term used in this chapter	30596
that is not otherwise defined in this section has the same meaning	30597
as when used in a comparable context in the laws of the United	30598
States relating to federal income taxes or if not used in a	30599
comparable context in those laws, has the same meaning as in	30600
section 5733.40 of the Revised Code. Any reference in this chapter	30601
to the Internal Revenue Code includes other laws of the United	30602
States relating to federal income taxes.	30603

As used in this chapter:

30604

(A) "Adjusted gross income" or "Ohio adjusted gross income"	30605
means federal adjusted gross income, as defined and used in the	30606
Internal Revenue Code, adjusted as provided in this section:	30607

(1) Add interest or dividends on obligations or securities of	30608
any state or of any political subdivision or authority of any	30609
state, other than this state and its subdivisions and authorities.	30610

(2) Add interest or dividends on obligations of any	30611
authority, commission, instrumentality, territory, or possession	30612
of the United States to the extent that the interest or dividends	30613
are exempt from federal income taxes but not from state income	30614
taxes.	30615

(3) Deduct interest or dividends on obligations of the United	30616
States and its territories and possessions or of any authority,	30617
commission, or instrumentality of the United States to the extent	30618
that the interest or dividends are included in federal adjusted	30619
gross income but exempt from state income taxes under the laws of	30620
the United States.	30621

(4) Deduct disability and survivor's benefits to the extent	30622
included in federal adjusted gross income.	30623

(5) Deduct benefits under Title II of the Social Security Act	30624
and tier 1 railroad retirement benefits to the extent included in	30625
federal adjusted gross income under section 86 of the Internal	30626
Revenue Code.	30627

(6) In the case of a taxpayer who is a beneficiary of a trust	30628
that makes an accumulation distribution as defined in section 665	30629
of the Internal Revenue Code, add, for the beneficiary's taxable	30630
years beginning before 2002, the portion, if any, of such	30631
distribution that does not exceed the undistributed net income of	30632
the trust for the three taxable years preceding the taxable year	30633
in which the distribution is made to the extent that the portion	30634
was not included in the trust's taxable income for any of the	30635
trust's taxable years beginning in 2002 or thereafter.	30636
"Undistributed net income of a trust" means the taxable income of	30637
the trust increased by (a)(i) the additions to adjusted gross	30638
income required under division (A) of this section and (ii) the	30639
personal exemptions allowed to the trust pursuant to section	30640
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	30641
deductions to adjusted gross income required under division (A) of	30642
this section, (ii) the amount of federal income taxes attributable	30643
to such income, and (iii) the amount of taxable income that has	30644
been included in the adjusted gross income of a beneficiary by	30645
reason of a prior accumulation distribution. Any undistributed net	30646
income included in the adjusted gross income of a beneficiary	30647
shall reduce the undistributed net income of the trust commencing	30648
with the earliest years of the accumulation period.	30649

(7) Deduct the amount of wages and salaries, if any, not	30650
otherwise allowable as a deduction but that would have been	30651
allowable as a deduction in computing federal adjusted gross	30652
income for the taxable year, had the targeted jobs credit allowed	30653
and determined under sections 38, 51, and 52 of the Internal	30654
Revenue Code not been in effect.	30655

(8) Deduct any interest or interest equivalent on public	30656
obligations and purchase obligations to the extent that the	30657
interest or interest equivalent is included in federal adjusted	30658
gross income.	30659

(9) Add any loss or deduct any gain resulting from the sale,	30660
exchange, or other disposition of public obligations to the extent	30661
that the loss has been deducted or the gain has been included in	30662
computing federal adjusted gross income.	30663

(10) Deduct or add amounts, as provided under section	30664
5747.70 of the Revised Code, related to contributions to variable	30665
college savings program accounts made or tuition units purchased	30666
pursuant to Chapter 3334. of the Revised Code.	30667

(11)(a) Deduct, to the extent not otherwise allowable as a	30668
deduction or exclusion in computing federal or Ohio adjusted gross	30669
income for the taxable year, the amount the taxpayer paid during	30670
the taxable year for medical care insurance and qualified	30671
long-term care insurance for the taxpayer, the taxpayer's spouse,	30672
and dependents. No deduction for medical care insurance under	30673
division (A)(11) of this section shall be allowed either to any	30674
taxpayer who is eligible to participate in any subsidized health	30675
plan maintained by any employer of the taxpayer or of the	30676
taxpayer's spouse, or to any taxpayer who is entitled to, or on	30677
application would be entitled to, benefits under part A of Title	30678
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	30679
301, as amended. For the purposes of division (A)(11)(a) of this	30680
section, "subsidized health plan" means a health plan for which	30681
the employer pays any portion of the plan's cost. The deduction	30682
allowed under division (A)(11)(a) of this section shall be the net	30683
of any related premium refunds, related premium reimbursements, or	30684
related insurance premium dividends received during the taxable	30685
year.	30686

(b) Deduct, to the extent not otherwise deducted or excluded	30687
in computing federal or Ohio adjusted gross income during the	30688
taxable year, the amount the taxpayer paid during the taxable	30689
year, not compensated for by any insurance or otherwise, for	30690
medical care of the taxpayer, the taxpayer's spouse, and	30691
dependents, to the extent the expenses exceed seven and one-half	30692
per cent of the taxpayer's federal adjusted gross income.	30693

(c) For purposes of division (A)(11) of this section,	30694
"medical care" has the meaning given in section 213 of the	30695
Internal Revenue Code, subject to the special rules, limitations,	30696
and exclusions set forth therein, and "qualified long-term care"	30697
has the same meaning given in section 7702B(c) of the Internal	30698
Revenue Code.	30699

(12)(a) Deduct any amount included in federal adjusted gross	30700
income solely because the amount represents a reimbursement or	30701
refund of expenses that in any year the taxpayer had deducted as	30702
an itemized deduction pursuant to section 63 of the Internal	30703
Revenue Code and applicable United States department of the	30704
treasury regulations. The deduction otherwise allowed under	30705
division (A)(12)(a) of this section shall be reduced to the extent	30706
the reimbursement is attributable to an amount the taxpayer	30707
deducted under this section in any taxable year.	30708

(b) Add any amount not otherwise included in Ohio adjusted	30709
gross income for any taxable year to the extent that the amount is	30710
attributable to the recovery during the taxable year of any amount	30711
deducted or excluded in computing federal or Ohio adjusted gross	30712
income in any taxable year.	30713

(13) Deduct any portion of the deduction described in section	30714
1341(a)(2) of the Internal Revenue Code, for repaying previously	30715
reported income received under a claim of right, that meets both	30716
of the following requirements:	30717

(a) It is allowable for repayment of an item that was	30718
included in the taxpayer's adjusted gross income for a prior	30719
taxable year and did not qualify for a credit under division (A)	30720
or (B) of section 5747.05 of the Revised Code for that year;	30721

(b) It does not otherwise reduce the taxpayer's adjusted	30722
gross income for the current or any other taxable year.	30723

(14) Deduct an amount equal to the deposits made to, and net	30724
investment earnings of, a medical savings account during the	30725
taxable year, in accordance with section 3924.66 of the Revised	30726
Code. The deduction allowed by division (A)(14) of this section	30727
does not apply to medical savings account deposits and earnings	30728
otherwise deducted or excluded for the current or any other	30729
taxable year from the taxpayer's federal adjusted gross income.	30730

(15)(a) Add an amount equal to the funds withdrawn from a	30731
medical savings account during the taxable year, and the net	30732
investment earnings on those funds, when the funds withdrawn were	30733
used for any purpose other than to reimburse an account holder	30734
for, or to pay, eligible medical expenses, in accordance with	30735
section 3924.66 of the Revised Code;	30736

(b) Add the amounts distributed from a medical savings	30737
account under division (A)(2) of section 3924.68 of the Revised	30738
Code during the taxable year.	30739

(16) Add any amount claimed as a credit under section	30740
5747.059 of the Revised Code to the extent that such amount	30741
satisfies either of the following:	30742

(a) The amount was deducted or excluded from the computation	30743
of the taxpayer's federal adjusted gross income as required to be	30744
reported for the taxpayer's taxable year under the Internal	30745
Revenue Code;	30746

(b) The amount resulted in a reduction of the taxpayer's	30747
federal adjusted gross income as required to be reported for any	30748
of the taxpayer's taxable years under the Internal Revenue Code.	30749

(17) Deduct the amount contributed by the taxpayer to an	30750
individual development account program established by a county	30751
department of job and family services pursuant to sections 329.11	30752
to 329.14 of the Revised Code for the purpose of matching funds	30753
deposited by program participants. On request of the tax	30754
commissioner, the taxpayer shall provide any information that, in	30755
the tax commissioner's opinion, is necessary to establish the	30756
amount deducted under division (A)(17) of this section.	30757

(18) Beginning in taxable year 2001 but not for any taxable	30758
year beginning after December 31, 2005, if the taxpayer is married	30759
and files a joint return and the combined federal adjusted gross	30760
income of the taxpayer and the taxpayer's spouse for the taxable	30761
year does not exceed one hundred thousand dollars, or if the	30762
taxpayer is single and has a federal adjusted gross income for the	30763
taxable year not exceeding fifty thousand dollars, deduct amounts	30764
paid during the taxable year for qualified tuition and fees paid	30765
to an eligible institution for the taxpayer, the taxpayer's	30766
spouse, or any dependent of the taxpayer, who is a resident of	30767
this state and is enrolled in or attending a program that	30768
culminates in a degree or diploma at an eligible institution. The	30769
deduction may be claimed only to the extent that qualified tuition	30770
and fees are not otherwise deducted or excluded for any taxable	30771
year from federal or Ohio adjusted gross income. The deduction may	30772
not be claimed for educational expenses for which the taxpayer	30773
claims a credit under section 5747.27 of the Revised Code.	30774

(19) Add any reimbursement received during the taxable year	30775
of any amount the taxpayer deducted under division (A)(18) of this	30776
section in any previous taxable year to the extent the amount is	30777
not otherwise included in Ohio adjusted gross income.	30778

(20)(a)(i) Add five-sixths of the amount of depreciation	30779
expense allowed by subsection (k) of section 168 of the Internal	30780
Revenue Code, including the taxpayer's proportionate or	30781
distributive share of the amount of depreciation expense allowed	30782
by that subsection to a pass-through entity in which the taxpayer	30783
has a direct or indirect ownership interest.	30784

(ii) Add five-sixths of the amount of qualifying section 179	30785
depreciation expense, including a person's proportionate or	30786
distributive share of the amount of qualifying section 179	30787
depreciation expense allowed to any pass-through entity in which	30788
the person has a direct or indirect ownership. For the purposes of	30789
this division, "qualifying section 179 depreciation expense" means	30790
the difference between (I) the amount of depreciation expense	30791
directly or indirectly allowed to the taxpayer under section 179	30792
of the Internal Revenue Code, and (II) the amount of depreciation	30793
expense directly or indirectly allowed to the taxpayer under	30794
section 179 of the Internal Revenue Code as that section existed	30795
on December 31, 2002.	30796

The tax commissioner, under procedures established by the	30797
commissioner, may waive the add-backs related to a pass-through	30798
entity if the taxpayer owns, directly or indirectly, less than	30799
five per cent of the pass-through entity.	30800

(b) Nothing in division (A)(20) of this section shall be	30801
construed to adjust or modify the adjusted basis of any asset.	30802

(c) To the extent the add-back required under division	30803
(A)(20)(a) of this section is attributable to property generating	30804
nonbusiness income or loss allocated under section 5747.20 of the	30805
Revised Code, the add-back shall be sitused to the same location	30806
as the nonbusiness income or loss generated by the property for	30807
the purpose of determining the credit under division (A) of	30808
section 5747.05 of the Revised Code. Otherwise, the add-back shall	30809
be apportioned, subject to one or more of the four alternative	30810
methods of apportionment enumerated in section 5747.21 of the	30811
Revised Code.	30812

(d) For the purposes of division (A) of this section, net	30813
operating loss carryback and carryforward shall not include	30814
five-sixths of the allowance of any net operating loss deduction	30815
carryback or carryforward to the taxable year to the extent such	30816
loss resulted from depreciation allowed by section 168(k) of the	30817
Internal Revenue Code and by the qualifying section 179	30818
depreciation expense amount.	30819

(21)(a) If the taxpayer was required to add an amount under	30820
division (A)(20)(a) of this section for a taxable year, deduct	30821
one-fifth of the amount so added for each of the five succeeding	30822
taxable years.	30823

(b) If the amount deducted under division (A)(21)(a) of this	30824
section is attributable to an add-back allocated under division	30825
(A)(20)(c) of this section, the amount deducted shall be sitused	30826
to the same location. Otherwise, the add-back shall be apportioned	30827
using the apportionment factors for the taxable year in which the	30828
deduction is taken, subject to one or more of the four alternative	30829
methods of apportionment enumerated in section 5747.21 of the	30830
Revised Code.	30831

(c) No deduction is available under division (A)(21)(a) of	30832
this section with regard to any depreciation allowed by section	30833
168(k) of the Internal Revenue Code and by the qualifying section	30834
179 depreciation expense amount to the extent that such	30835
depreciation resulted in or increased a federal net operating loss	30836
carryback or carryforward to a taxable year to which division	30837
(A)(20)(d) of this section does not apply.	30838

(22) Deduct, to the extent not otherwise deducted or excluded	30839
in computing federal or Ohio adjusted gross income for the taxable	30840
year, the amount the taxpayer received during the taxable year as	30841
reimbursement for life insurance premiums under section 5919.31 of	30842
the Revised Code.	30843

(23) Deduct, to the extent not otherwise deducted or excluded	30844
in computing federal or Ohio adjusted gross income for the taxable	30845
year, the amount the taxpayer received during the taxable year as	30846
a death benefit paid by the adjutant general under section 5919.33	30847
of the Revised Code.	30848

(24) Deduct, to the extent included in federal adjusted gross	30849
income and not otherwise allowable as a deduction or exclusion in	30850
computing federal or Ohio adjusted gross income for the taxable	30851
year, military pay and allowances received by the taxpayer during	30852
the taxable year for active duty service in the United States	30853
army, air force, navy, marine corps, or coast guard or reserve	30854
components thereof or the national guard. The deduction may not be	30855
claimed for military pay and allowances received by the taxpayer	30856
while the taxpayer is stationed in this state.	30857

(25) Deduct, to the extent not otherwise allowable as a	30858
deduction or exclusion in computing federal or Ohio adjusted gross	30859
income for the taxable year and not otherwise compensated for by	30860
any other source, the amount of qualified organ donation expenses	30861
incurred by the taxpayer during the taxable year, not to exceed	30862
ten thousand dollars. A taxpayer may deduct qualified organ	30863
donation expenses only once for all taxable years beginning with	30864
taxable years beginning in 2007.	30865

For the purposes of division (A)(25) of this section:

30866

(a) "Human organ" means all or any portion of a human liver,	30867
pancreas, kidney, intestine, or lung, and any portion of human	30868
bone marrow.	30869

(b) "Qualified organ donation expenses" means travel	30870
expenses, lodging expenses, and wages and salary forgone by a	30871
taxpayer in connection with the taxpayer's donation, while living,	30872
of one or more of the taxpayer's human organs to another human	30873
being.	30874

(26) Deduct, to the extent not otherwise deducted or excluded	30875
in computing federal or Ohio adjusted gross income for the taxable	30876
year, amounts received by the taxpayer as retired military	30877
personnel pay for service in the United States army, navy, air	30878
force, coast guard, or marine corps or reserve components thereof,	30879
or the national guard, or received by the surviving spouse or	30880
former spouse of such a taxpayer under the survivor benefit plan	30881
on account of such a taxpayer's death. If the taxpayer receives	30882
income on account of retirement paid under the federal civil	30883
service retirement system or federal employees retirement system,	30884
or under any successor retirement program enacted by the congress	30885
of the United States that is established and maintained for	30886
retired employees of the United States government, and such	30887
retirement income is based, in whole or in part, on credit for	30888
the taxpayer's military service, the deduction allowed under this	30889
division shall include only that portion of such retirement	30890
income that is attributable to the taxpayer's military service,	30891
to the extent that portion of such retirement income is otherwise	30892
included in federal adjusted gross income and is not otherwise	30893
deducted under this section. Any amount deducted under division	30894
(A)(26) of this section is not included in ~~the~~a taxpayer's	30895
adjusted gross income for the purposes of section 5747.055 of	30896
the Revised Code. No amount may be deducted under division	30897
(A)(26) of this section on the basis of which a credit was	30898
claimed under section 5747.055 of the Revised Code.	30899

(27) Deduct, to the extent not otherwise deducted or excluded	30900
in computing federal or Ohio adjusted gross income for the taxable	30901
year, the amount the taxpayer received during the taxable year	30902
from the military injury relief fund created in section 5101.98 of	30903
the Revised Code.	30904

(B) "Business income" means income, including gain or loss,	30905
arising from transactions, activities, and sources in the regular	30906
course of a trade or business and includes income, gain, or loss	30907
from real property, tangible property, and intangible property if	30908
the acquisition, rental, management, and disposition of the	30909
property constitute integral parts of the regular course of a	30910
trade or business operation. "Business income" includes income,	30911
including gain or loss, from a partial or complete liquidation of	30912
a business, including, but not limited to, gain or loss from the	30913
sale or other disposition of goodwill.	30914

(C) "Nonbusiness income" means all income other than business	30915
income and may include, but is not limited to, compensation, rents	30916
and royalties from real or tangible personal property, capital	30917
gains, interest, dividends and distributions, patent or copyright	30918
royalties, or lottery winnings, prizes, and awards.	30919

(D) "Compensation" means any form of remuneration paid to an	30920
employee for personal services.	30921

(E) "Fiduciary" means a guardian, trustee, executor,	30922
administrator, receiver, conservator, or any other person acting	30923
in any fiduciary capacity for any individual, trust, or estate.	30924

(F) "Fiscal year" means an accounting period of twelve months	30925
ending on the last day of any month other than December.	30926

(G) "Individual" means any natural person.

30927

(H) "Internal Revenue Code" means the "Internal Revenue Code	30928
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	30929

(I) "Resident" means any of the following, provided that	30930
division (I)(3) of this section applies only to taxable years of a	30931
trust beginning in 2002 or thereafter:	30932

(1) An individual who is domiciled in this state, subject to	30933
section 5747.24 of the Revised Code;	30934

(2) The estate of a decedent who at the time of death was	30935
domiciled in this state. The domicile tests of section 5747.24 of	30936
the Revised Code are not controlling for purposes of division	30937
(I)(2) of this section.	30938

(3) A trust that, in whole or part, resides in this state. If	30939
only part of a trust resides in this state, the trust is a	30940
resident only with respect to that part.	30941

For the purposes of division (I)(3) of this section:

30942

(a) A trust resides in this state for the trust's current	30943
taxable year to the extent, as described in division (I)(3)(d) of	30944
this section, that the trust consists directly or indirectly, in	30945
whole or in part, of assets, net of any related liabilities, that	30946
were transferred, or caused to be transferred, directly or	30947
indirectly, to the trust by any of the following:	30948

(i) A person, a court, or a governmental entity or	30949
instrumentality on account of the death of a decedent, but only if	30950
the trust is described in division (I)(3)(e)(i) or (ii) of this	30951
section;	30952

(ii) A person who was domiciled in this state for the	30953
purposes of this chapter when the person directly or indirectly	30954
transferred assets to an irrevocable trust, but only if at least	30955
one of the trust's qualifying beneficiaries is domiciled in this	30956
state for the purposes of this chapter during all or some portion	30957
of the trust's current taxable year;	30958

(iii) A person who was domiciled in this state for the	30959
purposes of this chapter when the trust document or instrument or	30960
part of the trust document or instrument became irrevocable, but	30961
only if at least one of the trust's qualifying beneficiaries is a	30962
resident domiciled in this state for the purposes of this chapter	30963
during all or some portion of the trust's current taxable year. If	30964
a trust document or instrument became irrevocable upon the death	30965
of a person who at the time of death was domiciled in this state	30966
for purposes of this chapter, that person is a person described in	30967
division (I)(3)(a)(iii) of this section.	30968

(b) A trust is irrevocable to the extent that the transferor	30969
is not considered to be the owner of the net assets of the trust	30970
under sections 671 to 678 of the Internal Revenue Code.	30971

(c) With respect to a trust other than a charitable lead	30972
trust, "qualifying beneficiary" has the same meaning as "potential	30973
current beneficiary" as defined in section 1361(e)(2) of the	30974
Internal Revenue Code, and with respect to a charitable lead trust	30975
"qualifying beneficiary" is any current, future, or contingent	30976
beneficiary, but with respect to any trust "qualifying	30977
beneficiary" excludes a person or a governmental entity or	30978
instrumentality to any of which a contribution would qualify for	30979
the charitable deduction under section 170 of the Internal Revenue	30980
Code.	30981

(d) For the purposes of division (I)(3)(a) of this section,	30982
the extent to which a trust consists directly or indirectly, in	30983
whole or in part, of assets, net of any related liabilities, that	30984
were transferred directly or indirectly, in whole or part, to the	30985
trust by any of the sources enumerated in that division shall be	30986
ascertained by multiplying the fair market value of the trust's	30987
assets, net of related liabilities, by the qualifying ratio, which	30988
shall be computed as follows:	30989

(i) The first time the trust receives assets, the numerator	30990
of the qualifying ratio is the fair market value of those assets	30991
at that time, net of any related liabilities, from sources	30992
enumerated in division (I)(3)(a) of this section. The denominator	30993
of the qualifying ratio is the fair market value of all the	30994
trust's assets at that time, net of any related liabilities.	30995

(ii) Each subsequent time the trust receives assets, a	30996
revised qualifying ratio shall be computed. The numerator of the	30997
revised qualifying ratio is the sum of (1) the fair market value	30998
of the trust's assets immediately prior to the subsequent	30999
transfer, net of any related liabilities, multiplied by the	31000
qualifying ratio last computed without regard to the subsequent	31001
transfer, and (2) the fair market value of the subsequently	31002
transferred assets at the time transferred, net of any related	31003
liabilities, from sources enumerated in division (I)(3)(a) of this	31004
section. The denominator of the revised qualifying ratio is the	31005
fair market value of all the trust's assets immediately after the	31006
subsequent transfer, net of any related liabilities.	31007

(iii) Whether a transfer to the trust is by or from any of	31008
the sources enumerated in division (I)(3)(a) of this section shall	31009
be ascertained without regard to the domicile of the trust's	31010
beneficiaries.	31011

(e) For the purposes of division (I)(3)(a)(i) of this	31012
section:	31013

(i) A trust is described in division (I)(3)(e)(i) of this	31014
section if the trust is a testamentary trust and the testator of	31015
that testamentary trust was domiciled in this state at the time of	31016
the testator's death for purposes of the taxes levied under	31017
Chapter 5731. of the Revised Code.	31018

(ii) A trust is described in division (I)(3)(e)(ii) of this	31019
section if the transfer is a qualifying transfer described in any	31020
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	31021
irrevocable inter vivos trust, and at least one of the trust's	31022
qualifying beneficiaries is domiciled in this state for purposes	31023
of this chapter during all or some portion of the trust's current	31024
taxable year.	31025

(f) For the purposes of division (I)(3)(e)(ii) of this	31026
section, a "qualifying transfer" is a transfer of assets, net of	31027
any related liabilities, directly or indirectly to a trust, if the	31028
transfer is described in any of the following:	31029

(i) The transfer is made to a trust, created by the decedent	31030
before the decedent's death and while the decedent was domiciled	31031
in this state for the purposes of this chapter, and, prior to the	31032
death of the decedent, the trust became irrevocable while the	31033
decedent was domiciled in this state for the purposes of this	31034
chapter.	31035

(ii) The transfer is made to a trust to which the decedent,	31036
prior to the decedent's death, had directly or indirectly	31037
transferred assets, net of any related liabilities, while the	31038
decedent was domiciled in this state for the purposes of this	31039
chapter, and prior to the death of the decedent the trust became	31040
irrevocable while the decedent was domiciled in this state for the	31041
purposes of this chapter.	31042

(iii) The transfer is made on account of a contractual	31043
relationship existing directly or indirectly between the	31044
transferor and either the decedent or the estate of the decedent	31045
at any time prior to the date of the decedent's death, and the	31046
decedent was domiciled in this state at the time of death for	31047
purposes of the taxes levied under Chapter 5731. of the Revised	31048
Code.	31049

(iv) The transfer is made to a trust on account of a	31050
contractual relationship existing directly or indirectly between	31051
the transferor and another person who at the time of the	31052
decedent's death was domiciled in this state for purposes of this	31053
chapter.	31054

(v) The transfer is made to a trust on account of the will of	31055
a testator.	31056

(vi) The transfer is made to a trust created by or caused to	31057
be created by a court, and the trust was directly or indirectly	31058
created in connection with or as a result of the death of an	31059
individual who, for purposes of the taxes levied under Chapter	31060
5731. of the Revised Code, was domiciled in this state at the time	31061
of the individual's death.	31062

(g) The tax commissioner may adopt rules to ascertain the	31063
part of a trust residing in this state.	31064

(J) "Nonresident" means an individual or estate that is not a	31065
resident. An individual who is a resident for only part of a	31066
taxable year is a nonresident for the remainder of that taxable	31067
year.	31068

(K) "Pass-through entity" has the same meaning as in section	31069
5733.04 of the Revised Code.	31070

(L) "Return" means the notifications and reports required to	31071
be filed pursuant to this chapter for the purpose of reporting the	31072
tax due and includes declarations of estimated tax when so	31073
required.	31074

(M) "Taxable year" means the calendar year or the taxpayer's	31075
fiscal year ending during the calendar year, or fractional part	31076
thereof, upon which the adjusted gross income is calculated	31077
pursuant to this chapter.	31078

(N) "Taxpayer" means any person subject to the tax imposed by	31079
section 5747.02 of the Revised Code or any pass-through entity	31080
that makes the election under division (D) of section 5747.08 of	31081
the Revised Code.	31082

(O) "Dependents" means dependents as defined in the Internal	31083
Revenue Code and as claimed in the taxpayer's federal income tax	31084
return for the taxable year or which the taxpayer would have been	31085
permitted to claim had the taxpayer filed a federal income tax	31086
return.	31087

(P) "Principal county of employment" means, in the case of a	31088
nonresident, the county within the state in which a taxpayer	31089
performs services for an employer or, if those services are	31090
performed in more than one county, the county in which the major	31091
portion of the services are performed.	31092

(Q) As used in sections 5747.50 to 5747.55 of the Revised	31093
Code:	31094

(1) "Subdivision" means any county, municipal corporation,	31095
park district, or township.	31096

(2) "Essential local government purposes" includes all	31097
functions that any subdivision is required by general law to	31098
exercise, including like functions that are exercised under a	31099
charter adopted pursuant to the Ohio Constitution.	31100

(R) "Overpayment" means any amount already paid that exceeds	31101
the figure determined to be the correct amount of the tax.	31102

(S) "Taxable income" or "Ohio taxable income" applies only to	31103
estates and trusts, and means federal taxable income, as defined	31104
and used in the Internal Revenue Code, adjusted as follows:	31105

(1) Add interest or dividends, net of ordinary, necessary,	31106
and reasonable expenses not deducted in computing federal taxable	31107
income, on obligations or securities of any state or of any	31108
political subdivision or authority of any state, other than this	31109
state and its subdivisions and authorities, but only to the extent	31110
that such net amount is not otherwise includible in Ohio taxable	31111
income and is described in either division (S)(1)(a) or (b) of	31112
this section:	31113

(a) The net amount is not attributable to the S portion of an	31114
electing small business trust and has not been distributed to	31115
beneficiaries for the taxable year;	31116

(b) The net amount is attributable to the S portion of an	31117
electing small business trust for the taxable year.	31118

(2) Add interest or dividends, net of ordinary, necessary,	31119
and reasonable expenses not deducted in computing federal taxable	31120
income, on obligations of any authority, commission,	31121
instrumentality, territory, or possession of the United States to	31122
the extent that the interest or dividends are exempt from federal	31123
income taxes but not from state income taxes, but only to the	31124
extent that such net amount is not otherwise includible in Ohio	31125
taxable income and is described in either division (S)(1)(a) or	31126
(b) of this section;	31127

(3) Add the amount of personal exemption allowed to the	31128
estate pursuant to section 642(b) of the Internal Revenue Code;	31129

(4) Deduct interest or dividends, net of related expenses	31130
deducted in computing federal taxable income, on obligations of	31131
the United States and its territories and possessions or of any	31132
authority, commission, or instrumentality of the United States to	31133
the extent that the interest or dividends are exempt from state	31134
taxes under the laws of the United States, but only to the extent	31135
that such amount is included in federal taxable income and is	31136
described in either division (S)(1)(a) or (b) of this section;	31137

(5) Deduct the amount of wages and salaries, if any, not	31138
otherwise allowable as a deduction but that would have been	31139
allowable as a deduction in computing federal taxable income for	31140
the taxable year, had the targeted jobs credit allowed under	31141
sections 38, 51, and 52 of the Internal Revenue Code not been in	31142
effect, but only to the extent such amount relates either to	31143
income included in federal taxable income for the taxable year or	31144
to income of the S portion of an electing small business trust for	31145
the taxable year;	31146

(6) Deduct any interest or interest equivalent, net of	31147
related expenses deducted in computing federal taxable income, on	31148
public obligations and purchase obligations, but only to the	31149
extent that such net amount relates either to income included in	31150
federal taxable income for the taxable year or to income of the S	31151
portion of an electing small business trust for the taxable year;	31152

(7) Add any loss or deduct any gain resulting from sale,	31153
exchange, or other disposition of public obligations to the extent	31154
that such loss has been deducted or such gain has been included in	31155
computing either federal taxable income or income of the S portion	31156
of an electing small business trust for the taxable year;	31157

(8) Except in the case of the final return of an estate, add	31158
any amount deducted by the taxpayer on both its Ohio estate tax	31159
return pursuant to section 5731.14 of the Revised Code, and on its	31160
federal income tax return in determining federal taxable income;	31161

(9)(a) Deduct any amount included in federal taxable income	31162
solely because the amount represents a reimbursement or refund of	31163
expenses that in a previous year the decedent had deducted as an	31164
itemized deduction pursuant to section 63 of the Internal Revenue	31165
Code and applicable treasury regulations. The deduction otherwise	31166
allowed under division (S)(9)(a) of this section shall be reduced	31167
to the extent the reimbursement is attributable to an amount the	31168
taxpayer or decedent deducted under this section in any taxable	31169
year.	31170

(b) Add any amount not otherwise included in Ohio taxable	31171
income for any taxable year to the extent that the amount is	31172
attributable to the recovery during the taxable year of any amount	31173
deducted or excluded in computing federal or Ohio taxable income	31174
in any taxable year, but only to the extent such amount has not	31175
been distributed to beneficiaries for the taxable year.	31176

(10) Deduct any portion of the deduction described in section	31177
1341(a)(2) of the Internal Revenue Code, for repaying previously	31178
reported income received under a claim of right, that meets both	31179
of the following requirements:	31180

(a) It is allowable for repayment of an item that was	31181
included in the taxpayer's taxable income or the decedent's	31182
adjusted gross income for a prior taxable year and did not qualify	31183
for a credit under division (A) or (B) of section 5747.05 of the	31184
Revised Code for that year.	31185

(b) It does not otherwise reduce the taxpayer's taxable	31186
income or the decedent's adjusted gross income for the current or	31187
any other taxable year.	31188

(11) Add any amount claimed as a credit under section	31189
5747.059 of the Revised Code to the extent that the amount	31190
satisfies either of the following:	31191

(a) The amount was deducted or excluded from the computation	31192
of the taxpayer's federal taxable income as required to be	31193
reported for the taxpayer's taxable year under the Internal	31194
Revenue Code;	31195

(b) The amount resulted in a reduction in the taxpayer's	31196
federal taxable income as required to be reported for any of the	31197
taxpayer's taxable years under the Internal Revenue Code.	31198

(12) Deduct any amount, net of related expenses deducted in	31199
computing federal taxable income, that a trust is required to	31200
report as farm income on its federal income tax return, but only	31201
if the assets of the trust include at least ten acres of land	31202
satisfying the definition of "land devoted exclusively to	31203
agricultural use" under section 5713.30 of the Revised Code,	31204
regardless of whether the land is valued for tax purposes as such	31205
land under sections 5713.30 to 5713.38 of the Revised Code. If the	31206
trust is a pass-through entity investor, section 5747.231 of the	31207
Revised Code applies in ascertaining if the trust is eligible to	31208
claim the deduction provided by division (S)(12) of this section	31209
in connection with the pass-through entity's farm income.	31210

Except for farm income attributable to the S portion of an	31211
electing small business trust, the deduction provided by division	31212
(S)(12) of this section is allowed only to the extent that the	31213
trust has not distributed such farm income. Division (S)(12) of	31214
this section applies only to taxable years of a trust beginning in	31215
2002 or thereafter.	31216

(13) Add the net amount of income described in section 641(c)	31217
of the Internal Revenue Code to the extent that amount is not	31218
included in federal taxable income.	31219

(14) Add or deduct the amount the taxpayer would be required	31220
to add or deduct under division (A)(20) or (21) of this section if	31221
the taxpayer's Ohio taxable income were computed in the same	31222
manner as an individual's Ohio adjusted gross income is computed	31223
under this section. In the case of a trust, division (S)(14) of	31224
this section applies only to any of the trust's taxable years	31225
beginning in 2002 or thereafter.	31226

(T) "School district income" and "school district income tax"	31227
have the same meanings as in section 5748.01 of the Revised Code.	31228

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	31229
of this section, "public obligations," "purchase obligations," and	31230
"interest or interest equivalent" have the same meanings as in	31231
section 5709.76 of the Revised Code.	31232

(V) "Limited liability company" means any limited liability	31233
company formed under Chapter 1705. of the Revised Code or under	31234
the laws of any other state.	31235

(W) "Pass-through entity investor" means any person who,	31236
during any portion of a taxable year of a pass-through entity, is	31237
a partner, member, shareholder, or equity investor in that	31238
pass-through entity.	31239

(X) "Banking day" has the same meaning as in section 1304.01	31240
of the Revised Code.	31241

(Y) "Month" means a calendar month.

31242

(Z) "Quarter" means the first three months, the second three	31243
months, the third three months, or the last three months of the	31244
taxpayer's taxable year.	31245

(AA)(1) "Eligible institution" means a state university or	31246
state institution of higher education as defined in section	31247
3345.011 of the Revised Code, or a private, nonprofit college,	31248
university, or other post-secondary institution located in this	31249
state that possesses a certificate of authorization issued by the	31250
Ohio board of regents pursuant to Chapter 1713. of the Revised	31251
Code or a certificate of registration issued by the state board of	31252
career colleges and schools under Chapter 3332. of the Revised	31253
Code.	31254

(2) "Qualified tuition and fees" means tuition and fees	31255
imposed by an eligible institution as a condition of enrollment or	31256
attendance, not exceeding two thousand five hundred dollars in	31257
each of the individual's first two years of post-secondary	31258
education. If the individual is a part-time student, "qualified	31259
tuition and fees" includes tuition and fees paid for the academic	31260
equivalent of the first two years of post-secondary education	31261
during a maximum of five taxable years, not exceeding a total of	31262
five thousand dollars. "Qualified tuition and fees" does not	31263
include:	31264

(a) Expenses for any course or activity involving sports,	31265
games, or hobbies unless the course or activity is part of the	31266
individual's degree or diploma program;	31267

(b) The cost of books, room and board, student activity fees,	31268
athletic fees, insurance expenses, or other expenses unrelated to	31269
the individual's academic course of instruction;	31270

(c) Tuition, fees, or other expenses paid or reimbursed	31271
through an employer, scholarship, grant in aid, or other	31272
educational benefit program.	31273

(BB)(1) "Modified business income" means the business income	31274
included in a trust's Ohio taxable income after such taxable	31275
income is first reduced by the qualifying trust amount, if any.	31276

(2) "Qualifying trust amount" of a trust means capital gains	31277
and losses from the sale, exchange, or other disposition of equity	31278
or ownership interests in, or debt obligations of, a qualifying	31279
investee to the extent included in the trust's Ohio taxable	31280
income, but only if the following requirements are satisfied:	31281

(a) The book value of the qualifying investee's physical	31282
assets in this state and everywhere, as of the last day of the	31283
qualifying investee's fiscal or calendar year ending immediately	31284
prior to the date on which the trust recognizes the gain or loss,	31285
is available to the trust.	31286

(b) The requirements of section 5747.011 of the Revised Code	31287
are satisfied for the trust's taxable year in which the trust	31288
recognizes the gain or loss.	31289

Any gain or loss that is not a qualifying trust amount is	31290
modified business income, qualifying investment income, or	31291
modified nonbusiness income, as the case may be.	31292

(3) "Modified nonbusiness income" means a trust's Ohio	31293
taxable income other than modified business income, other than the	31294
qualifying trust amount, and other than qualifying investment	31295
income, as defined in section 5747.012 of the Revised Code, to the	31296
extent such qualifying investment income is not otherwise part of	31297
modified business income.	31298

(4) "Modified Ohio taxable income" applies only to trusts,	31299
and means the sum of the amounts described in divisions (BB)(4)(a)	31300
to (c) of this section:	31301

(a) The fraction, calculated under section 5747.013, and	31302
applying section 5747.231 of the Revised Code, multiplied by the	31303
sum of the following amounts:	31304

(i) The trust's modified business income;

31305

(ii) The trust's qualifying investment income, as defined in	31306
section 5747.012 of the Revised Code, but only to the extent the	31307
qualifying investment income does not otherwise constitute	31308
modified business income and does not otherwise constitute a	31309
qualifying trust amount.	31310

(b) The qualifying trust amount multiplied by a fraction, the	31311
numerator of which is the sum of the book value of the qualifying	31312
investee's physical assets in this state on the last day of the	31313
qualifying investee's fiscal or calendar year ending immediately	31314
prior to the day on which the trust recognizes the qualifying	31315
trust amount, and the denominator of which is the sum of the book	31316
value of the qualifying investee's total physical assets	31317
everywhere on the last day of the qualifying investee's fiscal or	31318
calendar year ending immediately prior to the day on which the	31319
trust recognizes the qualifying trust amount. If, for a taxable	31320
year, the trust recognizes a qualifying trust amount with respect	31321
to more than one qualifying investee, the amount described in	31322
division (BB)(4)(b) of this section shall equal the sum of the	31323
products so computed for each such qualifying investee.	31324

(c)(i) With respect to a trust or portion of a trust that is	31325
a resident as ascertained in accordance with division (I)(3)(d) of	31326
this section, its modified nonbusiness income.	31327

(ii) With respect to a trust or portion of a trust that is	31328
not a resident as ascertained in accordance with division	31329
(I)(3)(d) of this section, the amount of its modified nonbusiness	31330
income satisfying the descriptions in divisions (B)(2) to (5) of	31331
section 5747.20 of the Revised Code, except as otherwise provided	31332
in division (BB)(4)(c)(ii) of this section. With respect to a	31333
trust or portion of a trust that is not a resident as ascertained	31334
in accordance with division (I)(3)(d) of this section, the trust's	31335
portion of modified nonbusiness income recognized from the sale,	31336
exchange, or other disposition of a debt interest in or equity	31337
interest in a section 5747.212 entity, as defined in section	31338
5747.212 of the Revised Code, without regard to division (A) of	31339
that section, shall not be allocated to this state in accordance	31340
with section 5747.20 of the Revised Code but shall be apportioned	31341
to this state in accordance with division (B) of section 5747.212	31342
of the Revised Code without regard to division (A) of that	31343
section.	31344

If the allocation and apportionment of a trust's income under	31345
divisions (BB)(4)(a) and (c) of this section do not fairly	31346
represent the modified Ohio taxable income of the trust in this	31347
state, the alternative methods described in division (C) of	31348
section 5747.21 of the Revised Code may be applied in the manner	31349
and to the same extent provided in that section.	31350

(5)(a) Except as set forth in division (BB)(5)(b) of this	31351
section, "qualifying investee" means a person in which a trust has	31352
an equity or ownership interest, or a person or unit of government	31353
the debt obligations of either of which are owned by a trust. For	31354
the purposes of division (BB)(2)(a) of this section and for the	31355
purpose of computing the fraction described in division (BB)(4)(b)	31356
of this section, all of the following apply:	31357

(i) If the qualifying investee is a member of a qualifying	31358
controlled group on the last day of the qualifying investee's	31359
fiscal or calendar year ending immediately prior to the date on	31360
which the trust recognizes the gain or loss, then "qualifying	31361
investee" includes all persons in the qualifying controlled group	31362
on such last day.	31363

(ii) If the qualifying investee, or if the qualifying	31364
investee and any members of the qualifying controlled group of	31365
which the qualifying investee is a member on the last day of the	31366
qualifying investee's fiscal or calendar year ending immediately	31367
prior to the date on which the trust recognizes the gain or loss,	31368
separately or cumulatively own, directly or indirectly, on the	31369
last day of the qualifying investee's fiscal or calendar year	31370
ending immediately prior to the date on which the trust recognizes	31371
the qualifying trust amount, more than fifty per cent of the	31372
equity of a pass-through entity, then the qualifying investee and	31373
the other members are deemed to own the proportionate share of the	31374
pass-through entity's physical assets which the pass-through	31375
entity directly or indirectly owns on the last day of the	31376
pass-through entity's calendar or fiscal year ending within or	31377
with the last day of the qualifying investee's fiscal or calendar	31378
year ending immediately prior to the date on which the trust	31379
recognizes the qualifying trust amount.	31380

(iii) For the purposes of division (BB)(5)(a)(iii) of this	31381
section, "upper level pass-through entity" means a pass-through	31382
entity directly or indirectly owning any equity of another	31383
pass-through entity, and "lower level pass-through entity" means	31384
that other pass-through entity.	31385

An upper level pass-through entity, whether or not it is also	31386
a qualifying investee, is deemed to own, on the last day of the	31387
upper level pass-through entity's calendar or fiscal year, the	31388
proportionate share of the lower level pass-through entity's	31389
physical assets that the lower level pass-through entity directly	31390
or indirectly owns on the last day of the lower level pass-through	31391
entity's calendar or fiscal year ending within or with the last	31392
day of the upper level pass-through entity's fiscal or calendar	31393
year. If the upper level pass-through entity directly and	31394
indirectly owns less than fifty per cent of the equity of the	31395
lower level pass-through entity on each day of the upper level	31396
pass-through entity's calendar or fiscal year in which or with	31397
which ends the calendar or fiscal year of the lower level	31398
pass-through entity and if, based upon clear and convincing	31399
evidence, complete information about the location and cost of the	31400
physical assets of the lower pass-through entity is not available	31401
to the upper level pass-through entity, then solely for purposes	31402
of ascertaining if a gain or loss constitutes a qualifying trust	31403
amount, the upper level pass-through entity shall be deemed as	31404
owning no equity of the lower level pass-through entity for each	31405
day during the upper level pass-through entity's calendar or	31406
fiscal year in which or with which ends the lower level	31407
pass-through entity's calendar or fiscal year. Nothing in division	31408
(BB)(5)(a)(iii) of this section shall be construed to provide for	31409
any deduction or exclusion in computing any trust's Ohio taxable	31410
income.	31411

(b) With respect to a trust that is not a resident for the	31412
taxable year and with respect to a part of a trust that is not a	31413
resident for the taxable year, "qualifying investee" for that	31414
taxable year does not include a C corporation if both of the	31415
following apply:	31416

(i) During the taxable year the trust or part of the trust	31417
recognizes a gain or loss from the sale, exchange, or other	31418
disposition of equity or ownership interests in, or debt	31419
obligations of, the C corporation.	31420

(ii) Such gain or loss constitutes nonbusiness income.

31421

(6) "Available" means information is such that a person is	31422
able to learn of the information by the due date plus extensions,	31423
if any, for filing the return for the taxable year in which the	31424
trust recognizes the gain or loss.	31425

(CC) "Qualifying controlled group" has the same meaning as in	31426
section 5733.04 of the Revised Code.	31427

(DD) "Related member" has the same meaning as in section	31428
5733.042 of the Revised Code.	31429

(EE)(1) For the purposes of division (EE) of this section:

31430

(a) "Qualifying person" means any person other than a	31431
qualifying corporation.	31432

(b) "Qualifying corporation" means any person classified for	31433
federal income tax purposes as an association taxable as a	31434
corporation, except either of the following:	31435

(i) A corporation that has made an election under subchapter	31436
S, chapter one, subtitle A, of the Internal Revenue Code for its	31437
taxable year ending within, or on the last day of, the investor's	31438
taxable year;	31439

(ii) A subsidiary that is wholly owned by any corporation	31440
that has made an election under subchapter S, chapter one,	31441
subtitle A of the Internal Revenue Code for its taxable year	31442
ending within, or on the last day of, the investor's taxable year.	31443

(2) For the purposes of this chapter, unless expressly stated	31444
otherwise, no qualifying person indirectly owns any asset directly	31445
or indirectly owned by any qualifying corporation.	31446

(FF) For purposes of this chapter and Chapter 5751. of the	31447
Revised Code:	31448

(1) "Trust" does not include a qualified pre-income tax	31449
trust.	31450

(2) A "qualified pre-income tax trust" is any pre-income tax	31451
trust that makes a qualifying pre-income tax trust election as	31452
described in division (FF)(3) of this section.	31453

(3) A "qualifying pre-income tax trust election" is an	31454
election by a pre-income tax trust to subject to the tax imposed	31455
by section 5751.02 of the Revised Code the pre-income tax trust	31456
and all pass-through entities of which the trust owns or controls,	31457
directly, indirectly, or constructively through related interests,	31458
five per cent or more of the ownership or equity interests. The	31459
trustee shall notify the tax commissioner in writing of the	31460
election on or before April 15, 2006. The election, if timely	31461
made, shall be effective on and after January 1, 2006, and shall	31462
apply for all tax periods and tax years until revoked by the	31463
trustee of the trust.	31464

(4) A "pre-income tax trust" is a trust that satisfies all of	31465
the following requirements:	31466

(a) The document or instrument creating the trust was	31467
executed by the grantor before January 1, 1972;	31468

(b) The trust became irrevocable upon the creation of the	31469
trust; and	31470

(c) The grantor was domiciled in this state at the time the	31471
trust was created.	31472

Sec. 5747.02. (A) For the purpose of providing revenue for	31473
the support of schools and local government functions, to provide	31474
relief to property taxpayers, to provide revenue for the general	31475
revenue fund, and to meet the expenses of administering the tax	31476
levied by this chapter, there is hereby levied on every	31477
individual, trust, and estate residing in or earning or receiving	31478
income in this state, on every individual, trust, and estate	31479
earning or receiving lottery winnings, prizes, or awards pursuant	31480
to Chapter 3770. of the Revised Code, and on every individual,	31481
trust, and estate otherwise having nexus with or in this state	31482
under the Constitution of the United States, an annual tax	31483
measured in the case of individuals by Ohio adjusted gross income	31484
less an exemption for the taxpayer, the taxpayer's spouse, and	31485
each dependent as provided in section 5747.025 of the Revised	31486
Code; measured in the case of trusts by modified Ohio taxable	31487
income under division (D) of this section; and measured in the	31488
case of estates by Ohio taxable income. The tax imposed by this	31489
section on the balance thus obtained is hereby levied as follows:	31490

(1) For taxable years beginning in 2004:

31491

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31492
OR		31493
MODIFIED OHIO		31494
TAXABLE INCOME (TRUSTS)		31495
OR		31496
OHIO TAXABLE INCOME (ESTATES)	TAX	31497

$5,000 or less	.743%	31498
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	31499
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	31500
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	31501
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	31502
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	31503
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	31504
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	31505
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	31506

(2) For taxable years beginning in 2005:

31507

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31508
OR		31509
MODIFIED OHIO		31510
TAXABLE INCOME (TRUSTS)		31511
OR		31512
OHIO TAXABLE INCOME (ESTATES)	TAX	31513

$5,000 or less	.712%	31514
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	31515
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	31516
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	31517
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	31518
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	31519
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	31520
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	31521
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	31522

(3) For taxable years beginning in 2006:

31523

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31524
OR		31525
MODIFIED OHIO		31526
TAXABLE INCOME (TRUSTS)		31527
OR		31528
OHIO TAXABLE INCOME (ESTATES)	TAX	31529

$5,000 or less	.681%	31530
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	31531
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	31532
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	31533
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	31534
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	31535
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	31536
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	31537
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	31538

(4) For taxable years beginning in 2007:

31539

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31540
OR		31541
MODIFIED OHIO		31542
TAXABLE INCOME (TRUSTS)		31543
OR		31544
OHIO TAXABLE INCOME (ESTATES)	TAX	31545

$5,000 or less	.649%	31546
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	31547
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	31548
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	31549
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	31550
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	31551
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	31552
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	31553
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	31554

(5) For taxable years beginning in 2008:

31555

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31556
OR		31557
MODIFIED OHIO		31558
TAXABLE INCOME (TRUSTS)		31559
OR		31560
OHIO TAXABLE INCOME (ESTATES)	TAX	31561

$5,000 or less	.618%	31562
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	31563
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	31564
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	31565
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	31566
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	31567
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	31568
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	31569
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	31570

(6) For taxable years beginning in 2009 or thereafter:

31571

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31572
OR		31573
MODIFIED OHIO		31574
TAXABLE INCOME (TRUSTS)		31575
OR		31576
OHIO TAXABLE INCOME (ESTATES)	TAX	31577

$5,000 or less	.587%	31578
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	31579
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	31580
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	31581
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	31582
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	31583
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	31584
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	31585
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	31586

In July of each year, beginning in 2010, the tax commissioner	31587
shall adjust the income amounts prescribed in this division by	31588
multiplying the percentage increase in the gross domestic product	31589
deflator computed that year under section 5747.025 of the Revised	31590
Code by each of the income amounts resulting from the adjustment	31591
under this division in the preceding year, adding the resulting	31592
product to the corresponding income amount resulting from the	31593
adjustment in the preceding year, and rounding the resulting sum	31594
to the nearest multiple of fifty dollars. The tax commissioner	31595
also shall recompute each of the tax dollar amounts to the extent	31596
necessary to reflect the adjustment of the income amounts. The	31597
rates of taxation shall not be adjusted.	31598

The adjusted amounts apply to taxable years beginning in the	31599
calendar year in which the adjustments are made. The tax	31600
commissioner shall not make such adjustments in any year in which	31601
the amount resulting from the adjustment would be less than the	31602
amount resulting from the adjustment in the preceding year.	31603

(B) If the director of budget and management makes a	31604
certification to the tax commissioner under division (B) of	31605
section 131.44 of the Revised Code, the amount of tax as	31606
determined under division (A) of this section shall be reduced by	31607
the percentage prescribed in that certification for taxable years	31608
beginning in the calendar year in which that certification is	31609
made.	31610

(C) The levy of this tax on income does not prevent a	31611
municipal corporation, a joint economic development zone created	31612
under section 715.691, or a joint economic development district	31613
created under section 715.70 or 715.71 or sections 715.72 to	31614
715.81 of the Revised Code from levying a tax on income.	31615

(D) This division applies only to taxable years of a trust	31616
beginning in 2002 or thereafter.	31617

(1) The tax imposed by this section on a trust shall be	31618
computed by multiplying the Ohio modified taxable income of the	31619
trust by the rates prescribed by division (A) of this section.	31620

(2) A nonresident trust may claim a credit ~~is allowed~~ against	31621
the tax computed under division (D) of this section equal to the	31622
lesser of (1) the tax paid to another state or the District of	31623
Columbia on the nonresident trust's modified nonbusiness income,	31624
other than the portion of the nonresident trust's nonbusiness	31625
income that is qualifying investment income as defined in section	31626
5747.012 of the Revised Code, or (2) the effective tax rate, based	31627
on modified Ohio taxable income, multiplied by the nonresident	31628
trust's modified nonbusiness income other than the portion of the	31629
nonresident trust's nonbusiness income that is qualifying	31630
investment income. The credit applies before any other applicable	31631
credits.	31632

(3) The credits enumerated in divisions (A)(1) to (13) of	31633
section 5747.98 of the Revised Code do not apply to a trust	31634
subject to ~~this~~ division (D) of this section. Any credits	31635
enumerated in other divisions of section 5747.98 of the Revised	31636
Code apply to a trust subject to ~~this~~ division (D) of this	31637
section. To the extent that the trust distributes income for the	31638
taxable year for which a credit is available to the trust, the	31639
credit shall be shared by the trust and its beneficiaries. The tax	31640
commissioner and the trust shall be guided by applicable	31641
regulations of the United States treasury regarding the sharing of	31642
credits.	31643

(E) For the purposes of this section, "trust" means any trust	31644
described in Subchapter J of Chapter 1 of the Internal Revenue	31645
Code, excluding trusts that are not irrevocable as defined in	31646
division (I)(3)(b) of section 5747.01 of the Revised Code and that	31647
have no modified Ohio taxable income for the taxable year,	31648
charitable remainder trusts, qualified funeral trusts and preneed	31649
funeral contract trusts established pursuant to section 1111.19 of	31650
the Revised Code that are not qualified funeral trusts, endowment	31651
and perpetual care trusts, qualified settlement trusts and funds,	31652
designated settlement trusts and funds, and trusts exempted from	31653
taxation under section 501(a) of the Internal Revenue Code.	31654

Sec. 5747.082. (A) As used in this section:

31655

(1) "Electronic technology" means electronic technology	31656
acceptable to the tax commissioner under division (B) of this	31657
section.	31658

(2) "Original tax return" means any report, return, or other	31659
tax document required to be filed under this chapter for the	31660
purpose of reporting the taxes due under, and withholdings	31661
required by, this chapter. "Original tax return" does not include	31662
an amended return or any declaration or form required by or filed	31663
in connection with section 5747.09 of the Revised Code.	31664

(3) "Related member" has the same meaning as in section	31665
5733.042 of the Revised Code.	31666

(4) "Tax return preparer" means any person that operates a	31667
business that prepares, or directly or indirectly employs another	31668
person to prepare, for a taxpayer an original tax return in	31669
exchange for compensation or remuneration from the taxpayer or the	31670
taxpayer's related member. With respect to the preparation of a	31671
return or application for refund under this chapter, "tax return	31672
preparer" does not include an individual who performs only one or	31673
more of the following activities:	31674

(a) Furnishes typing, reproducing, or other mechanical	31675
assistance;	31676

(b) Prepares an application for refund or a return on behalf	31677
of an employer by whom the individual is regularly and	31678
continuously employed, or on behalf of an officer or employee of	31679
that employer;	31680

(c) Prepares as a fiduciary an application for refund or a	31681
return;	31682

(d) Prepares an application for refund or a return for a	31683
taxpayer in response to a notice of deficiency issued to the	31684
taxpayer or the taxpayer's related member, or in response to a	31685
waiver of restriction after the commencement of an audit of the	31686
taxpayer or the taxpayer's related member.	31687

(B) Divisions (C) and (D) of this section apply to the filing	31688
of original tax returns that are due in a calendar year only if	31689
the tax commissioner, by the last day of the calendar year	31690
immediately preceding the calendar year in which such returns are	31691
due, has published on the department of taxation's official	31692
internet web site at least one method of electronic technology	31693
acceptable to the commissioner for filing such returns.	31694

(C) A tax return preparer that prepares more than	31695
seventy-five original tax returns during any calendar year that	31696
begins on or after January 1, 2008, shall, beginning January 1,	31697
2010, use electronic technology to file with the tax commissioner	31698
all original tax returns prepared by the tax return preparer.	31699
This division does not apply to a tax return preparer for a	31700
calendar year if, during the previous calendar year, the tax	31701
return preparer prepared no more than twenty-five original tax	31702
returns.	31703

(D) If a tax return preparer required by this section to	31704
submit original tax returns by electronic technology files an	31705
original tax return by some means other than by electronic	31706
technology, the tax commissioner shall impose a penalty of fifty	31707
dollars for each return, in excess of seventy-five in a calendar	31708
year, that is not filed by electronic technology. Upon good cause	31709
shown by the tax return preparer, the tax commissioner may waive	31710
all or any portion of the penalty or may refund all or any	31711
portion of the penalty the tax return preparer has paid.	31712

Sec. 5748.022. A majority of the members of a board of	31713
education of a school district levying a tax under section 5748.02	31714
of the Revised Code may adopt a resolution reducing the rate of	31715
the tax by a multiple of one-fourth of one per cent.	31716

The resolution shall set forth the current rate of the tax,	31717
the reduced rate of tax that results from adoption of the	31718
resolution, the purpose or purposes for which the tax is levied,	31719
the remaining number of years the tax will be levied or that it is	31720
levied for a continuing period of time, and the date on which the	31721
reduced tax rate shall take effect, which shall be the ensuing	31722
first day of January occurring at least ~~sixty~~forty-five days	31723
after a copy of the resolution is certified to the tax	31724
commissioner.	31725

Sec. 5749.17. Any information provided to the department of	31726
natural resources by the department of taxation in accordance with	31727
division (C)(11) of section 5703.21 of the Revised Code shall not	31728
be disclosed publicly by the department of natural resources, but	31729
the department of natural resources may provide such information	31730
to the attorney general for purposes of enforcement of the law.	31731

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	31732
the Revised Code:	31733

(1) "School district," "joint vocational school district,"	31734
"local taxing unit," "recognized valuation," "fixed-rate levy,"	31735
and "fixed-sum levy" have the same meanings as used in section	31736
5727.84 of the Revised Code.	31737

(2) "State education aid" for a school district means the sum	31738
of state aid amounts computed for the district under division (A)	31739
of section 3317.022 of the Revised Code, including the amounts	31740
calculated under sections 3317.029 and 3317.0217 of the Revised	31741
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	31742
3317.022; divisions (B), (C), and (D) of section 3317.023;	31743
divisions (L) and (N) of section 3317.024; section 3317.0216; and	31744
any unit payments for gifted student services paid under sections	31745
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	31746
for fiscal years 2008 and 2009, the amount computed for the	31747
district under Section 269.20.80 of H.B. 119 of the 127th general	31748
assembly and as that section subsequently may be amended shall be	31749
substituted for the amount computed under division (D) of section	31750
3317.022 of the Revised Code, and the amount computed under	31751
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	31752
that section subsequently may be amended shall be included.	31753

(3) "State education aid" for a joint vocational school	31754
district means the sum of the state aid computed for the district	31755
under division (N) of section 3317.024 and section 3317.16 of the	31756
Revised Code, except that, for fiscal years 2008 and 2009, the	31757
amount computed under Section 269.30.80 of H.B. 119 of the 127th	31758
general assembly and as that section subsequently may be amended	31759
shall be included.	31760

(4) "State education aid offset" means the amount determined	31761
for each school district or joint vocational school district under	31762
division (A)(1) of section 5751.21 of the Revised Code.	31763

(5) "Machinery and equipment property tax value loss" means	31764
the amount determined under division (C)(1) of this section.	31765

(6) "Inventory property tax value loss" means the amount	31766
determined under division (C)(2) of this section.	31767

(7) "Furniture and fixtures property tax value loss" means	31768
the amount determined under division (C)(3) of this section.	31769

(8) "Machinery and equipment fixed-rate levy loss" means the	31770
amount determined under division (D)(1) of this section.	31771

(9) "Inventory fixed-rate levy loss" means the amount	31772
determined under division (D)(2) of this section.	31773

(10) "Furniture and fixtures fixed-rate levy loss" means the	31774
amount determined under division (D)(3) of this section.	31775

(11) "Total fixed-rate levy loss" means the sum of the	31776
machinery and equipment fixed-rate levy loss, the inventory	31777
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	31778
loss, and the telephone company fixed-rate levy loss.	31779

(12) "Fixed-sum levy loss" means the amount determined under	31780
division (E) of this section.	31781

(13) "Machinery and equipment" means personal property	31782
subject to the assessment rate specified in division (F) of	31783
section 5711.22 of the Revised Code.	31784

(14) "Inventory" means personal property subject to the	31785
assessment rate specified in division (E) of section 5711.22 of	31786
the Revised Code.	31787

(15) "Furniture and fixtures" means personal property	31788
subject to the assessment rate specified in division (G) of	31789
section 5711.22 of the Revised Code.	31790

(16) "Qualifying levies" are levies in effect for tax year	31791
2004 or applicable to tax year 2005 or approved at an election	31792
conducted before September 1, 2005. For the purpose of	31793
determining the rate of a qualifying levy authorized by section	31794
5705.212 or 5705.213 of the Revised Code, the rate shall be the	31795
rate that would be in effect for tax year 2010.	31796

(17) "Telephone property" means tangible personal property	31797
of a telephone, telegraph, or interexchange telecommunications	31798
company subject to an assessment rate specified in section	31799
5727.111 of the Revised Code in tax year 2004.	31800

(18) "Telephone property tax value loss" means the amount	31801
determined under division (C)(4) of this section.	31802

(19) "Telephone property fixed-rate levy loss" means the	31803
amount determined under division (D)(4) of this section.	31804

(B) The commercial activities tax receipts fund is hereby	31805
created in the state treasury and shall consist of money arising	31806
from the tax imposed under this chapter. All money in that fund	31807
shall be credited for each fiscal year in the following	31808
percentages to the general revenue fund, to the school district	31809
tangible property tax replacement fund, which is hereby created in	31810
the state treasury for the purpose of making the payments	31811
described in section 5751.21 of the Revised Code, and to the local	31812
government tangible property tax replacement fund, which is hereby	31813
created in the state treasury for the purpose of making the	31814
payments described in section 5751.22 of the Revised Code, in the	31815
following percentages:	31816

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	31817
2006	67.7%	22.6%	9.7%	31818
2007	0%	70.0%	30.0%	31819
2008	0%	70.0%	30.0%	31820
2009	0%	70.0%	30.0%	31821
2010	0%	70.0%	30.0%	31822
2011	0%	70.0%	30.0%	31823
2012	5.3%	70.0%	24.7%	31824
2013	10.6%	70.0%	19.4%	31825
2014	14.1%	70.0%	15.9%	31826
2015	17.6%	70.0%	12.4%	31827
2016	21.1%	70.0%	8.9%	31828
2017	24.6%	70.0%	5.4%	31829
2018	28.1%	70.0%	1.9%	31830
2019 and thereafter	30%	70%	0%	31831

(C) Not later than September 15, 2005, the tax commissioner	31832
shall determine for each school district, joint vocational school	31833
district, and local taxing unit its machinery and equipment,	31834
inventory property, furniture and fixtures property, and telephone	31835
property tax value losses, which are the applicable amounts	31836
described in divisions (C)(1), (2), (3), and (4) of this section,	31837
except as provided in division (C)(5) of this section:	31838

(1) Machinery and equipment property tax value loss is the	31839
taxable value of machinery and equipment property as reported by	31840
taxpayers for tax year 2004 multiplied by:	31841

(a) For tax year 2006, thirty-three and eight-tenths per	31842
cent;	31843

(b) For tax year 2007, sixty-one and three-tenths per cent;

31844

31845

(d) For tax year 2009 and thereafter, one hundred per cent.

31846

(2) Inventory property tax value loss is the taxable value of	31847
inventory property as reported by taxpayers for tax year 2004	31848
multiplied by:	31849

(a) For tax year 2006, a fraction, the numerator of which is	31850
five and three-fourths and the denominator of which is	31851
twenty-three;	31852

(b) For tax year 2007, a fraction, the numerator of which is	31853
nine and one-half and the denominator of which is twenty-three;	31854

(c) For tax year 2008, a fraction, the numerator of which is	31855
thirteen and one-fourth and the denominator of which is	31856
twenty-three;	31857

(d) For tax year 2009 and thereafter a fraction, the	31858
numerator of which is seventeen and the denominator of which is	31859
twenty-three.	31860

(3) Furniture and fixtures property tax value loss is the	31861
taxable value of furniture and fixture property as reported by	31862
taxpayers for tax year 2004 multiplied by:	31863

(a) For tax year 2006, twenty-five per cent;

31864

(b) For tax year 2007, fifty per cent;

31865

31866

(d) For tax year 2009 and thereafter, one hundred per cent.

31867

The taxable value of property reported by taxpayers used in	31868
divisions (C)(1), (2), and (3) of this section shall be such	31869
values as determined to be final by the tax commissioner as of	31870
August 31, 2005. Such determinations shall be final except for any	31871
correction of a clerical error that was made prior to August 31,	31872
2005, by the tax commissioner.	31873

(4) Telephone property tax value loss is the taxable value of	31874
telephone property as taxpayers would have reported that property	31875
for tax year 2004 if the assessment rate for all telephone	31876
property for that year were twenty-five per cent, multiplied by:	31877

(a) For tax year 2006, zero per cent;

31878

(b) For tax year 2007, zero per cent;

31879

31880

(d) For tax year 2009, sixty per cent;

31881

(e) For tax year 2010, eighty per cent;

31882

(f) For tax year 2011 and thereafter, one hundred per cent.

31883

(5) Division (C)(5) of this section applies to any school	31884
district, joint vocational school district, or local taxing unit	31885
in a county in which is located a facility currently or formerly	31886
devoted to the enrichment or commercialization of uranium or	31887
uranium products, and for which the total taxable value of	31888
property listed on the general tax list of personal property for	31889
any tax year from tax year 2001 to tax year 2004 was fifty per	31890
cent or less of the taxable value of such property listed on the	31891
general tax list of personal property for the next preceding tax	31892
year.	31893

In computing the fixed-rate levy losses under divisions	31894
(D)(1), (2), and (3) of this section for any school district,	31895
joint vocational school district, or local taxing unit to which	31896
division (C)(5) of this section applies, the taxable value of such	31897
property as listed on the general tax list of personal property	31898
for tax year 2000 shall be substituted for the taxable value of	31899
such property as reported by taxpayers for tax year 2004, in the	31900
taxing district containing the uranium facility, if the taxable	31901
value listed for tax year 2000 is greater than the taxable value	31902
reported by taxpayers for tax year 2004. For the purpose of making	31903
the computations under divisions (D)(1), (2), and (3) of this	31904
section, the tax year 2000 valuation is to be allocated to	31905
machinery and equipment, inventory, and furniture and fixtures	31906
property in the same proportions as the tax year 2004 values. For	31907
the purpose of the calculations in division (A) of section 5751.21	31908
of the Revised Code, the tax year 2004 taxable values shall be	31909
used.	31910

To facilitate the calculations required under division (C) of	31911
this section, the county auditor, upon request from the tax	31912
commissioner, shall provide by August 1, 2005, the values of	31913
machinery and equipment, inventory, and furniture and fixtures for	31914
all single-county personal property taxpayers for tax year 2004.	31915

(D) Not later than September 15, 2005, the tax commissioner	31916
shall determine for each tax year from 2006 through 2009 for each	31917
school district, joint vocational school district, and local	31918
taxing unit its machinery and equipment, inventory, and furniture	31919
and fixtures fixed-rate levy losses, and for each tax year from	31920
2006 through 2011 its telephone property fixed-rate levy loss,	31921
which are the applicable amounts described in divisions (D)(1),	31922
(2), (3), and (4) of this section:	31923

(1) The machinery and equipment fixed-rate levy loss is the	31924
machinery and equipment property tax value loss multiplied by the	31925
sum of the tax rates of fixed-rate qualifying levies.	31926

(2) The inventory fixed-rate loss is the inventory property	31927
tax value loss multiplied by the sum of the tax rates of	31928
fixed-rate qualifying levies.	31929

(3) The furniture and fixtures fixed-rate levy loss is the	31930
furniture and fixture property tax value loss multiplied by the	31931
sum of the tax rates of fixed-rate qualifying levies.	31932

(4) The telephone property fixed-rate levy loss is the	31933
telephone property tax value loss multiplied by the sum of the tax	31934
rates of fixed-rate qualifying levies.	31935

(E) Not later than September 15, 2005, the tax commissioner	31936
shall determine for each school district, joint vocational school	31937
district, and local taxing unit its fixed-sum levy loss. The	31938
fixed-sum levy loss is the amount obtained by subtracting the	31939
amount described in division (E)(2) of this section from the	31940
amount described in division (E)(1) of this section:	31941

(1) The sum of the machinery and equipment property tax value	31942
loss, the inventory property tax value loss, and the furniture and	31943
fixtures property tax value loss, and, for 2008 through 2017 the	31944
telephone property tax value loss of the district or unit	31945
multiplied by the sum of the fixed-sum tax rates of qualifying	31946
levies. For 2006 through 2010, this computation shall include all	31947
qualifying levies remaining in effect for the current tax year and	31948
any school district ~~emergency~~ levies imposed under section	31949
5705.194 or 5705.213 of the Revised Code that are qualifying	31950
levies not remaining in effect for the current year. For 2011	31951
through 2017 in the case of school district ~~emergency~~ levies	31952
imposed under section 5705.194 or 5705.213 of the Revised Code and	31953
for all years after 2010 in the case of other fixed-sum levies,	31954
this computation shall include only qualifying levies remaining	31955
in effect for the current year. For purposes of this computation,	31956
a qualifying school district ~~emergency~~ levy imposed under section	31957
5705.194 or 5705.213 of the Revised Code remains in effect in a	31958
year after 2010 only if, for that year, the board of education	31959
levies a school district ~~emergency~~ levy imposed under section	31960
5705.194 or 5705.213 of the Revised Code for an annual sum at	31961
least equal to the annual sum levied by the board in tax year	31962
2004 less the amount of the payment certified under this division	31963
for 2006.	31964

(2) The total taxable value in tax year 2004 less the sum of	31965
the machinery and equipment, inventory, furniture and fixtures,	31966
and telephone property tax value losses in each school district,	31967
joint vocational school district, and local taxing unit multiplied	31968
by one-half of one mill per dollar.	31969

(3) For the calculations in divisions (E)(1) and (2) of this	31970
section, the tax value losses are those that would be calculated	31971
for tax year 2009 under divisions (C)(1), (2), and (3) of this	31972
section and for tax year 2011 under division (C)(4) of this	31973
section.	31974

(4) To facilitate the calculation under divisions (D) and (E)	31975
of this section, not later than September 1, 2005, any school	31976
district, joint vocational school district, or local taxing unit	31977
that has a qualifying levy that was approved at an election	31978
conducted during 2005 before September 1, 2005, shall certify to	31979
the tax commissioner a copy of the county auditor's certificate of	31980
estimated property tax millage for such levy as required under	31981
division (B) of section 5705.03 of the Revised Code, which is the	31982
rate that shall be used in the calculations under such divisions.	31983

If the amount determined under division (E) of this section	31984
for any school district, joint vocational school district, or	31985
local taxing unit is greater than zero, that amount shall equal	31986
the reimbursement to be paid pursuant to division ~~(D)~~(E) of	31987
section 5751.21 or division (A)(3) of section 5751.22 of the	31988
Revised Code, and the one-half of one mill that is subtracted	31989
under division (E)(2) of this section shall be apportioned among	31990
all contributing fixed-sum levies in the proportion that each	31991
levy bears to the sum of all fixed-sum levies within each school	31992
district, joint vocational school district, or local taxing unit.	31993

(F) Not later than October 1, 2005, the tax commissioner	31994
shall certify to the department of education for every school	31995
district and joint vocational school district the machinery and	31996
equipment, inventory, furniture and fixtures, and telephone	31997
property tax value losses determined under division (C) of this	31998
section, the machinery and equipment, inventory, furniture and	31999
fixtures, and telephone fixed-rate levy losses determined under	32000
division (D) of this section, and the fixed-sum levy losses	32001
calculated under division (E) of this section. The calculations	32002
under divisions (D) and (E) of this section shall separately	32003
display the levy loss for each levy eligible for reimbursement.	32004

(G) Not later than October 1, 2005, the tax commissioner	32005
shall certify the amount of the fixed-sum levy losses to the	32006
county auditor of each county in which a school district, joint	32007
vocational school district, or local taxing unit with a fixed-sum	32008
levy loss reimbursement has territory.	32009

Sec. 5751.21. (A) Not later than the ~~fifteenth~~thirtieth	32010
day of July of 2007 through 2017, the department of education	32011
shall consult with the director of budget and management and	32012
determine the following for each school district and each joint	32013
vocational school district eligible for payment under division	32014
(B) of this section:	32015

(1) The state education aid offset, which is the difference	32016
obtained by subtracting the amount described in division (A)(1)(b)	32017
of this section from the amount described in division (A)(1)(a) of	32018
this section:	32019

(a) The state education aid computed for the school district	32020
or joint vocational school district for the current fiscal year as	32021
of the ~~fifteenth~~thirtieth day of July;	32022

(b) The state education aid that would be computed for the	32023
school district or joint vocational school district for the	32024
current fiscal year as of the ~~fifteenth~~thirtieth day of July if	32025
the recognized valuation included the machinery and equipment,	32026
inventory, furniture and fixtures, and telephone property tax	32027
value losses for the school district or joint vocational school	32028
district for the second preceding tax year, and if taxes charged	32029
and payable associated with the tax value losses are accounted for	32030
in any state education aid computation dependent on taxes charged	32031
and payable.	32032

(2) The greater of zero or the difference obtained by	32033
subtracting the state education aid offset determined under	32034
division (A)(1) of this section from the sum of the machinery and	32035
equipment fixed-rate levy loss, the inventory fixed-rate levy	32036
loss, furniture and fixtures fixed-rate levy loss, and telephone	32037
property fixed-rate levy loss certified under division (F) of	32038
section 5751.20 of the Revised Code for all taxing districts in	32039
each school district and joint vocational school district for the	32040
second preceding tax year.	32041

By the ~~twentieth~~thirtieth day of July of each such year,	32042
the department of education and the director of budget and	32043
management shall agree upon the amount to be determined under	32044
division (A)(1) of this section.	32045

(B) On or before the thirty-first day of August of each year	32046
beginning in 2008, the department of education shall recalculate	32047
the offset described under division (A) of this section for the	32048
previous fiscal year and recalculate the payments made under	32049
division (C) of this section in the preceding fiscal year using	32050
the offset calculated under this division. If the payments	32051
calculated under this division differ from the payments made under	32052
division (C) of this section in the preceding fiscal year, the	32053
difference shall either be paid to a school district or recaptured	32054
from a school district through an adjustment at the same times	32055
during the current fiscal year that the payments under division	32056
(C) of this section are made. In August and October of the current	32057
fiscal year, the amount of each adjustment shall be three-sevenths	32058
of the amount calculated under this division. In May of the	32059
current fiscal year, the adjustment shall be one-seventh of the	32060
amount calculated under this division.	32061

(C) The department of education shall pay from the school	32062
district tangible property tax replacement fund to each school	32063
district and joint vocational school district all of the following	32064
for fixed-rate levy losses certified under division (F) of section	32065
5751.20 of the Revised Code:	32066

(1) On or before May 31, 2006, one-seventh of the total	32067
fixed-rate levy loss for tax year 2006;	32068

(2) On or before August 31, 2006, and October 31, 2006,	32069
one-half of six-sevenths of the total fixed-rate levy loss for tax	32070
year 2006;	32071

(3) On or before May 31, 2007, one-seventh of the total	32072
fixed-rate levy loss for tax year 2007;	32073

(4) On or before August 31, 2007, and October 31, 2007,	32074
forty-three per cent of the amount determined under division	32075
(A)(2) of this section for fiscal year 2008, but not less than	32076
zero, plus one-half of six-sevenths of the difference between the	32077
total fixed-rate levy loss for tax year 2007 and the total	32078
fixed-rate levy loss for tax year 2006.	32079

(5) On or before May 31, 2008, fourteen per cent of the	32080
amount determined under division (A)(2) of this section for	32081
fiscal year 2008, but not less than zero, plus one-seventh of the	32082
difference between the total fixed-rate levy loss for tax year	32083
2008 and the total fixed-rate levy loss for tax year 2006.	32084

(6) On or before August 31, 2008, and October 31, 2008,	32085
forty-three per cent of the amount determined under division	32086
(A)(2) of this section for fiscal year 2009, but not less than	32087
zero, plus one-half of six-sevenths of the difference between the	32088
total fixed-rate levy loss in tax year 2008 and the total	32089
fixed-rate levy loss in tax year 2007.	32090

(7) On or before May 31, 2009, fourteen per cent of the	32091
amount determined under division (A)(2) of this section for	32092
fiscal year 2009, but not less than zero, plus one-seventh of the	32093
difference between the total fixed-rate levy loss for tax year	32094
2009 and the total fixed-rate levy loss for tax year 2007.	32095

(8) On or before August 31, 2009, and October 31, 2009,	32096
forty-three per cent of the amount determined under division	32097
(A)(2) of this section for fiscal year 2010, but not less than	32098
zero, plus one-half of six-sevenths of the difference between the	32099
total fixed-rate levy loss in tax year 2009 and the total	32100
fixed-rate levy loss in tax year 2008.	32101

(9) On or before May 31, 2010, fourteen per cent of the	32102
amount determined under division (A)(2) of this section for	32103
fiscal year 2010, but not less than zero, plus one-seventh of the	32104
difference between the total fixed-rate levy loss in tax year 2010	32105
and the total fixed-rate levy loss in tax year 2008.	32106

(10) On or before August 31, 2010, and October 31, 2010,	32107
forty-three per cent of the amount determined under division	32108
(A)(2) of this section for fiscal year 2011, but not less than	32109
zero, plus one-half of six-sevenths of the difference between the	32110
telephone property fixed-rate levy loss for tax year 2010 and the	32111
telephone property fixed-rate levy loss for tax year 2009.	32112

(11) On or before May 31, 2011, fourteen per cent of the	32113
amount determined under division (A)(2) of this section for	32114
fiscal year 2011, but not less than zero, plus one-seventh of the	32115
difference between the telephone property fixed-rate levy loss for	32116
tax year 2011 and the telephone property fixed-rate levy loss for	32117
tax year 2009.	32118

(12) On or before August 31, 2011, and October 31, 2011, the	32119
amount determined under division (A)(2) of this section	32120
multiplied by a fraction, the numerator of which is fourteen and	32121
the denominator of which is seventeen, but not less than zero,	32122
multiplied by forty-three per cent, plus one-half of six-sevenths	32123
of the difference between the telephone property fixed-rate levy	32124
loss for tax year 2011 and the telephone property fixed-rate levy	32125
loss for tax year 2010.	32126

(13) On or before May 31, 2012, fourteen per cent of the	32127
amount determined under division (A)(2) of this section for	32128
fiscal year 2012, multiplied by a fraction, the numerator of	32129
which is fourteen and the denominator of which is seventeen, plus	32130
one-seventh of the difference between the telephone property	32131
fixed-rate levy loss for tax year 2011 and the telephone property	32132
fixed-rate levy loss for tax year 2010.	32133

(14) On or before August 31, 2012, October 31, 2012, and May	32134
31, 2013, the amount determined under division (A)(2) of this	32135
section multiplied by a fraction, the numerator of which is	32136
eleven and the denominator of which is seventeen, but not less	32137
than zero, multiplied by one-third.	32138

(15) On or before August 31, 2013, October 31, 2013, and May	32139
31, 2014, the amount determined under division (A)(2) of this	32140
section multiplied by a fraction, the numerator of which is nine	32141
and the denominator of which is seventeen, but not less than	32142
zero, multiplied by one-third.	32143

(16) On or before August 31, 2014, October 31, 2014, and May	32144
31, 2015, the amount determined under division (A)(2) of this	32145
section multiplied by a fraction, the numerator of which is seven	32146
and the denominator of which is seventeen, but not less than	32147
zero, multiplied by one-third.	32148

(17) On or before August 31, 2015, October 31, 2015, and May	32149
31, 2016, the amount determined under division (A)(2) of this	32150
section multiplied by a fraction, the numerator of which is five	32151
and the denominator of which is seventeen, but not less than	32152
zero, multiplied by one-third.	32153

(18) On or before August 31, 2016, October 31, 2016, and May	32154
31, 2017, the amount determined under division (A)(2) of this	32155
section multiplied by a fraction, the numerator of which is three	32156
and the denominator of which is seventeen, but not less than	32157
zero, multiplied by one-third.	32158

(19) On or before August 31, 2017, October 31, 2017, and May	32159
31, 2018, the amount determined under division (A)(2) of this	32160
section multiplied by a fraction, the numerator of which is one	32161
and the denominator of which is seventeen, but not less than	32162
zero, multiplied by one-third.	32163

The department of education shall report to each school	32164
district and joint vocational school district the apportionment of	32165
the payments among the school district's or joint vocational	32166
school district's funds based on the certifications under division	32167
(F) of section 5751.20 of the Revised Code.	32168

Any qualifying levy that is a fixed-rate levy that is not	32169
applicable to a tax year after 2010 does not qualify for any	32170
reimbursement after the tax year to which it is last applicable.	32171

~~(C)~~(D) For taxes levied within the ten-mill limitation for	32172
debt purposes in tax year 2005, payments shall be made equal to	32173
one hundred per cent of the loss computed as if the tax were a	32174
fixed-rate levy, but those payments shall extend from fiscal year	32175
2006 through fiscal year 2018, as long as the qualifying levy	32176
continues to be used for debt purposes. If the purpose of such a	32177
qualifying levy is changed, that levy becomes subject to the	32178
payments determined in division ~~(B)~~(C) of this section.	32179

~~(D)~~(E)(1) Not later than January 1, 2006, for each fixed-sum	32180
levy of each school district or joint vocational school district	32181
and for each year for which a determination is made under division	32182
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	32183
loss is to be reimbursed, the tax commissioner shall certify to	32184
the department of education the fixed-sum levy loss determined	32185
under that division. The certification shall cover a time period	32186
sufficient to include all fixed-sum levies for which the	32187
commissioner made such a determination. The department shall pay	32188
from the school district property tax replacement fund to the	32189
school district or joint vocational school district one-third of	32190
the fixed-sum levy loss so certified for each year on or before	32191
the last day of May, August, and October of the current year.	32192

(2) Beginning in 2006, by the first day of January of each	32193
year, the tax commissioner shall review the certification	32194
originally made under division ~~(D)~~(E)(1) of this section. If the	32195
commissioner determines that a debt levy that had been scheduled	32196
to be reimbursed in the current year has expired, a revised	32197
certification for that and all subsequent years shall be made to	32198
the department of education.	32199

~~(E)~~(F) Beginning in September 2007 and through June 2018, the	32200
director of budget and management shall transfer from the school	32201
district tangible property tax replacement fund to the general	32202
revenue fund each of the following:	32203

(1) On the first day of September, one-fourth of the amount	32204
determined for that fiscal year under division (A)(1) of this	32205
section;	32206

(2) On the first day of December, one-fourth of the amount	32207
determined for that fiscal year under division (A)(1) of this	32208
section;	32209

(3) On the first day of March, one-fourth of the amount	32210
determined for that fiscal year under division (A)(1) of this	32211
section;	32212

(4) On the first day of June, one-fourth of the amount	32213
determined for that fiscal year under division (A)(1) of this	32214
section.	32215

If, when a transfer is required under division ~~(E)~~(F)(1),	32216
(2), (3), or (4) of this section, there is not sufficient money	32217
in the school district tangible property tax replacement fund to	32218
make the transfer in the required amount, the director shall	32219
transfer the balance in the fund to the general revenue fund and	32220
may make additional transfers on later dates as determined by the	32221
director in a total amount that does not exceed one-fourth of the	32222
amount determined for the fiscal year.	32223

~~(F)~~(G) For each of the fiscal years 2006 through 2018, if the	32224
total amount in the school district tangible property tax	32225
replacement fund is insufficient to make all payments under	32226
divisions ~~(B)~~(C), ~~(C)~~(D), and ~~(D)~~(E) of this section at the times	32227
the payments are to be made, the director of budget and	32228
management shall transfer from the general revenue fund to the	32229
school district tangible property tax replacement fund the	32230
difference between the total amount to be paid and the amount in	32231
the school district tangible property tax replacement fund. For	32232
each fiscal year after 2018, at the time payments under division	32233
~~(D)~~(E) of this section are to be made, the director of budget and	32234
management shall transfer from the general revenue fund to the	32235
school district property tax replacement fund the amount	32236
necessary to make such payments.	32237

~~(G)~~(H)(1) On the fifteenth day of June of 2006 through 2011,	32238
the director of budget and management may transfer any balance in	32239
the school district tangible property tax replacement fund to the	32240
general revenue fund. At the end of fiscal years 2012 through	32241
2018, any balance in the school district tangible property tax	32242
replacement fund shall remain in the fund to be used in future	32243
fiscal years for school purposes.	32244

(2) In each fiscal year beginning with fiscal year 2019, all	32245
amounts credited to the school district tangible personal property	32246
tax replacement fund shall be appropriated for school purposes.	32247

~~(H)~~(I) If all of the territory of a school district or joint	32248
vocational school district is merged with another district, or if	32249
a part of the territory of a school district or joint vocational	32250
school district is transferred to an existing or newly created	32251
district, the department of education, in consultation with the	32252
tax commissioner, shall adjust the payments made under this	32253
section as follows:	32254

(1) For a merger of two or more districts, the machinery and	32255
equipment, inventory, furniture and fixtures, and telephone	32256
property fixed-rate levy losses and the fixed-sum levy losses of	32257
the successor district shall be equal to the sum of the machinery	32258
and equipment, inventory, furniture and fixtures, and telephone	32259
property fixed-rate levy losses and debt levy losses as determined	32260
in section 5751.20 of the Revised Code, for each of the districts	32261
involved in the merger.	32262

(2) If property is transferred from one district to a	32263
previously existing district, the amount of machinery and	32264
equipment, inventory, furniture and fixtures, and telephone	32265
property tax value losses and fixed-rate levy losses that shall be	32266
transferred to the recipient district shall be an amount equal to	32267
the total machinery and equipment, inventory, furniture and	32268
fixtures, and telephone property fixed-rate levy losses times a	32269
fraction, the numerator of which is the value of business tangible	32270
personal property on the land being transferred in the most recent	32271
year for which data are available, and the denominator of which is	32272
the total value of business tangible personal property in the	32273
district from which the land is being transferred in the most	32274
recent year for which data are available. For each of the first	32275
five years after the property is transferred, but not after fiscal	32276
year 2012, if the tax rate in the recipient district is less than	32277
the tax rate of the district from which the land was transferred,	32278
one-half of the payments arising from the amount of fixed-rate	32279
levy losses so transferred to the recipient district shall be paid	32280
to the recipient district and one-half of the payments arising	32281
from the fixed-rate levy losses so transferred shall be paid to	32282
the district from which the land was transferred. Fixed-rate levy	32283
losses so transferred shall be computed on the basis of the sum of	32284
the rates of fixed-rate qualifying levies of the district from	32285
which the land was transferred, notwithstanding division ~~(D)~~(E) of	32286
this section.	32287

(3) After December 31, 2004, if property is transferred from	32288
one or more districts to a district that is newly created out of	32289
the transferred property, the newly created district shall be	32290
deemed not to have any machinery and equipment, inventory,	32291
furniture and fixtures, or telephone property fixed-rate levy	32292
losses and the districts from which the property was transferred	32293
shall have no reduction in their machinery and equipment,	32294
inventory, furniture and fixtures, and telephone property	32295
fixed-rate levy losses.	32296

(4) If the recipient district under division ~~(H)~~(I)(2) of	32297
this section or the newly created district under divisions	32298
~~(H)~~(I)(3) of this section is assuming debt from one or more of	32299
the districts from which the property was transferred and any of	32300
the districts losing the property had fixed-sum levy losses, the	32301
department of education, in consultation with the tax	32302
commissioner, shall make an equitable division of the fixed-sum	32303
levy loss reimbursements.	32304

Sec. 6101.53. To maintain, operate, and preserve the	32305
reservoirs, ditches, drains, dams, levies, canals, sewers, pumping	32306
stations, treatment and disposal works, or other properties or	32307
improvements acquired or made pursuant to this chapter, to	32308
strengthen, repair, and restore the same, when needed, and to	32309
defray the current expenses of the conservancy district, the board	32310
of directors of the district may, upon the substantial completion	32311
of the improvements and on or before the ~~first~~thirtieth day of	32312
September in each year thereafter, levy an assessment upon each	32313
tract or parcel of land and upon each public corporation within	32314
the district, subject to assessments under this chapter, to be	32315
known as a conservancy maintenance assessment. No assessment shall	32316
be made with respect to works and improvements acquired or	32317
constructed for the purpose of providing a water supply for	32318
domestic, industrial, and public use within the district, when the	32319
water supply can be metered or measured when furnished to persons	32320
or public corporations. If the district, for the benefit of one or	32321
more persons or political subdivisions, provides a water supply	32322
that recharges underground aquifers and thereby replenishes wells	32323
or provides a source of water for new wells, or increases the	32324
natural low flow of a stream used for water supply, or creates an	32325
impoundment, in such a way that the augmented use of water cannot	32326
be metered or measured for individual or public consumption, the	32327
board may make a maintenance assessment against benefited property	32328
and public corporations in the same manner provided in this	32329
section for maintenance of other properties or improvements.	32330

The maintenance assessment shall be apportioned upon the	32331
basis of the total appraisal of benefits accruing for original and	32332
subsequent construction, shall not exceed one per cent of the	32333
total appraisal of benefits in any one year unless the court by	32334
its order authorizes an assessment of a larger percentage, shall	32335
not be less than two dollars, and shall be certified to the county	32336
auditor of each county in which lands of the district are located	32337
in the conservancy assessment record but in a separate column in	32338
like manner and at the same time as the annual installment of the	32339
assessment levied under section 6101.48 of the Revised Code is	32340
certified, under the heading maintenance assessment. The auditor	32341
shall certify the same to the county treasurer of the county at	32342
the same time that the auditor certifies the annual installment of	32343
the assessments levied under that section, and the sum of the	32344
levies for any tract or public corporation may be certified as a	32345
single item. The treasurer shall demand and collect the	32346
maintenance assessment and make return of it, and shall be liable	32347
for the same penalties for failure to do so as are provided for	32348
the annual installment of the assessment levied under section	32349
6101.48 of the Revised Code.	32350

The amount of the maintenance assessment paid by any parcel	32351
of land or public corporation shall not be credited against the	32352
benefits assessed against the parcel of land or public	32353
corporation, but the maintenance assessment shall be in addition	32354
to any assessment that has been or can be levied under section	32355
6101.48 of the Revised Code.	32356

To maintain, operate, and preserve the works and improvements	32357
of the district acquired or constructed for the purpose of	32358
providing a water supply, to strengthen, repair, and restore the	32359
same, and to defray the current expenses of the district for this	32360
purpose, the board may impose rates for the sale of water to	32361
public corporations and persons within the district. The rates to	32362
be charged for the water shall be fixed and adjusted by the board	32363
at intervals of not less than one year, so that the income thus	32364
produced will be adequate to provide a maintenance fund for the	32365
purpose of water supply. Contracts for supplying water to public	32366
corporations and persons shall be entered into before the service	32367
is rendered by the district. Contracts shall specify the maximum	32368
quantity of water to be furnished to the public corporation or	32369
person, and the quantity shall be fixed so as equitably to	32370
distribute the supply. Preference shall be given to water supply	32371
furnished to public corporations for domestic and public uses.	32372
Bills for water supplied to public corporations shall be rendered	32373
at regular intervals and shall be payable from the waterworks fund	32374
of the public corporation or, if it is not sufficient, from the	32375
general fund.	32376

Sec. 6101.55. The board of directors of a conservancy	32377
district shall each year after the original assessment has been	32378
levied determine, order, and levy the annual levy, which shall	32379
include all assessments, or installments of assessments, together	32380
with interest, levied under this chapter, which become due in the	32381
ensuing year. The annual levy shall be due and be collected at the	32382
same time that state and county taxes are due and collected. After	32383
bonds have been sold, in the determination of an annual levy, the	32384
rate of interest upon the unpaid installments of an assessment	32385
shall be the rate borne by the bonds that have been issued and	32386
sold pursuant to the assessment. The annual levy shall be recorded	32387
in the conservancy assessment record, shall be signed and	32388
certified by the president of the board and by the secretary of	32389
the conservancy district not later than the ~~first~~thirtieth day of	32390
September each year, and shall thereafter become a permanent	32391
record in the office of the district.	32392

The certificate of the annual levy shall be substantially as	32393
set forth in section 6101.84 of the Revised Code. Then shall	32394
follow both of the following:	32395

(A) The descriptions of the property opposite the names of	32396
the owners;	32397

(B) The total amount of the annual levy on each piece of	32398
property and on each public corporation for the account of all	32399
funds and the amount of each item making up the total.	32400

The form of the annual levy portion of the conservancy	32401
assessment record as prescribed in this section may be modified	32402
with the approval of the auditor of state. The certificate of the	32403
annual levy and the annual levy portion of the conservancy	32404
assessment record shall be named " Assessment Record of	32405
................ District, ................. County, Ohio."	32406

One copy of that part of the assessment record affecting	32407
lands and public corporations in any county shall be forwarded to	32408
the county auditor of that county. The auditor of each county	32409
shall set up as a charge upon the county treasurer the total	32410
amount of assessments levied as shown by the assessment record,	32411
and shall certify the record as other tax records to the county	32412
treasurer of the county. The treasurer shall collect the amount	32413
according to law. The assessment record shall be the treasurer's	32414
warrant and authority to demand and receive the assessments due in	32415
the county as found in the ~~the~~ record.	32416

In the event of any failure of the board to determine and	32417
order an annual levy for the purpose of paying the interest and	32418
principal of any bonds pursuant to this chapter, the auditor of	32419
the county in which the lands and public corporations subject to	32420
the assessments are situated shall make and complete a levy of the	32421
special assessments necessary for the purpose against the lands	32422
and public corporations in the district, and each piece of	32423
property in that county against which benefits have been	32424
appraised. Any assessment so made and completed by the auditor	32425
shall be made and completed by the auditor in the manner provided	32426
for the making and completion of an assessment by the board, and	32427
shall have the same effect as a levy of assessments determined and	32428
ordered by the board.	32429

Sec. 6117.01. (A) As used in this chapter:

32430

(1) "Sanitary facilities" means sanitary sewers, force mains,	32431
lift or pumping stations, and facilities for the treatment,	32432
disposal, impoundment, or storage of wastes; equipment and	32433
furnishings; and all required appurtenances and necessary real	32434
estate and interests in real estate.	32435

(2) "Drainage" or "waters" means flows from rainfall or	32436
otherwise produced by, or resulting from, the elements, storm	32437
water discharges and releases or migrations of waters from	32438
properties, accumulations, flows, and overflows of water,	32439
including accelerated flows and runoffs, flooding and threats of	32440
flooding of properties and structures, and other surface and	32441
subsurface drainage.	32442

(3) "Drainage facilities" means storm sewers, force mains,	32443
pumping stations, and facilities for the treatment, disposal,	32444
impoundment, retention, control, or storage of waters;	32445
improvements of or for any channel, ditch, drain, floodway, or	32446
watercourse, including location, construction, reconstruction,	32447
reconditioning, widening, deepening, cleaning, removal of	32448
obstructions, straightening, boxing, culverting, tiling, filling,	32449
walling, arching, or change in course, location, or terminus;	32450
improvements of or for a river, creek, or run, including	32451
reinforcement of banks, enclosing, deepening, widening,	32452
straightening, removal of obstructions, or change in course,	32453
location, or terminus; facilities for the protection of lands from	32454
the overflow of water, including a levee, wall, embankment, jetty,	32455
dike, dam, sluice, revetment, reservoir, retention or holding	32456
basin, control gate, or breakwater; facilities for controlled	32457
drainage, regulation of stream flow, and protection of an outlet;	32458
the vacation of a ditch or drain; equipment and furnishings; and	32459
all required appurtenances and necessary real estate and interests	32460
in real estate.	32461

(4) "County sanitary engineer" means either of the following:

32462

(a) The registered professional engineer employed or	32463
appointed by the board of county commissioners to be the county	32464
sanitary engineer as provided in this section ~~6117.01 of the~~	32465
~~Revised Code~~;	32466

(b) The county engineer, if, for as long as and to the extent	32467
that engineer by agreement entered into under section 315.14 of	32468
the Revised Code is retained to discharge duties of a county	32469
sanitary engineer under this chapter.	32470

(5) "Current operating expenses," "debt charges," "permanent	32471
improvement," "public obligations," and "subdivision" have the	32472
same meanings as in section 133.01 of the Revised Code.	32473

(6) "Construct," "construction," or "constructing" means	32474
construction, reconstruction, enlargement, extension, improvement,	32475
renovation, repair, and replacement of sanitary or drainage	32476
facilities or of prevention or replacement facilities, but does	32477
not include any repairs, replacements, or similar actions that do	32478
not constitute and qualify as permanent improvements.	32479

(7) "Maintain," "maintaining," or "maintenance" means	32480
repairs, replacements, and similar actions that constitute and are	32481
payable as current operating expenses and that are required to	32482
restore sanitary or drainage facilities or prevention or	32483
replacement facilities to, or to continue sanitary or drainage	32484
facilities or prevention or replacement facilities in, good order	32485
and working condition, but does not include construction of	32486
permanent improvements.	32487

(8) "Public agency" means a state and any agency or	32488
subdivision of a state, including a county, a municipal	32489
corporation, or other subdivision.	32490

(9) "Combined sewer" means a sewer system that is designed to	32491
collect and convey sewage, including domestic, commercial, and	32492
industrial wastewater, and storm water through a single-pipe	32493
system to a treatment works or combined sewer overflow outfall	32494
approved by the director of environmental protection.	32495

(10) "Prevention or replacement facilities" means vegetated	32496
swales or median strips, permeable pavement, trees and tree boxes,	32497
rain barrels and cisterns, rain gardens and filtration planters,	32498
vegetated roofs, wetlands, riparian buffers, and practices and	32499
structures that use or mimic natural processes to filter or reuse	32500
storm water.	32501

(B)(1) For the purpose of preserving and promoting the public	32502
health and welfare, a board of county commissioners may lay out,	32503
establish, consolidate, or otherwise modify the boundaries of, and	32504
maintain, one or more sewer districts within the county and	32505
outside municipal corporations and may have a registered	32506
professional engineer make the surveys necessary for the	32507
determination of the proper boundaries of each district, which	32508
shall be designated by an appropriate name or number. The board	32509
may acquire, construct, maintain, and operate within any district	32510
sanitary or drainage facilities that it determines to be necessary	32511
or appropriate for the collection of sewage and other wastes	32512
originating in or entering the district, to comply with the	32513
provisions of a contract entered into for the purposes described	32514
in sections 6117.41 to 6117.44 of the Revised Code and pursuant to	32515
those sections or other applicable provisions of law, or for the	32516
collection, control, or abatement of waters originating or	32517
accumulating in, or flowing in, into, or through, the district,	32518
and other sanitary or drainage facilities, within or outside of	32519
the district, that it determines to be necessary or appropriate to	32520
conduct the wastes and waters to a proper outlet and to provide	32521
for their proper treatment, disposal, and disposition. The board	32522
may provide for the protection of the sanitary and drainage	32523
facilities and may negotiate and enter into a contract with any	32524
public agency or person for the management, maintenance,	32525
operation, and repair of any of the facilities on behalf of the	32526
county upon the terms and conditions that may be agreed upon with	32527
the agency or person and that may be determined by the board to be	32528
in the best interests of the county. By contract with any public	32529
agency or person operating sanitary or drainage facilities within	32530
or outside of the county, the board may provide a proper outlet	32531
for any of the wastes and waters and for their proper treatment,	32532
disposal, and disposition.	32533

(2) For purposes of preventing storm water from entering a	32534
combined sewer and causing an overflow or an inflow to a sanitary	32535
sewer, the board may acquire, design, construct, operate, repair,	32536
maintain, and provide for a project or program that separates	32537
storm water from a combined sewer or for a prevention or	32538
replacement facility that prevents or minimizes storm water from	32539
entering a combined sewer or a sanitary sewer.	32540

(C) The board of county commissioners may employ a registered	32541
professional engineer to be the county sanitary engineer for the	32542
time and on the terms it considers best and may authorize the	32543
county sanitary engineer to employ necessary assistants upon the	32544
terms fixed by the board. Prior to the initial assignment of	32545
drainage facilities duties to the county sanitary engineer, if the	32546
county sanitary engineer is not the county engineer, the board	32547
first shall offer to enter into an agreement with the county	32548
engineer pursuant to section 315.14 of the Revised Code for	32549
assistance in the performance of those duties of the board	32550
pertaining to drainage facilities, and the county engineer shall	32551
accept or reject the offer within thirty days after the date the	32552
offer is made.	32553

The board may create and maintain a sanitary engineering	32554
department, which shall be under its supervision and which shall	32555
be headed by the county sanitary engineer, for the purpose of	32556
aiding it in the performance of its duties under this chapter and	32557
Chapter 6103. of the Revised Code or its other duties regarding	32558
sanitation, drainage, and water supply provided by law. The board	32559
shall provide suitable facilities for the use of the department	32560
and shall provide for and pay the compensation of the county	32561
sanitary engineer and all authorized necessary expenses of the	32562
county sanitary engineer and the sanitary engineering department.	32563
The county sanitary engineer, with the approval of the board, may	32564
appoint necessary assistants and clerks, and the compensation of	32565
those assistants and clerks shall be provided for and paid by the	32566
board.	32567

(D) The board of county commissioners may adopt, publish,	32568
administer, and enforce rules for the construction, maintenance,	32569
protection, and use of county-owned or county-operated sanitary	32570
and drainage facilities and prevention or replacement facilities	32571
outside municipal corporations, and of sanitary and drainage	32572
facilities and prevention or replacement facilities within	32573
municipal corporations that are owned or operated by the county	32574
or that discharge into sanitary or drainage facilities or	32575
prevention or replacement facilities owned or operated by the	32576
county, including, but not limited to, rules for the establishment	32577
and use of any connections, the termination in accordance with	32578
reasonable procedures of sanitary service for the nonpayment of	32579
county sanitary rates and charges and, if so determined, the	32580
concurrent termination of any county water service for the	32581
nonpayment of those rates and charges, the termination in	32582
accordance with reasonable procedures of drainage service for the	32583
nonpayment of county drainage rates and charges, and the	32584
establishment and use of security deposits to the extent	32585
considered necessary to ensure the payment of county sanitary or	32586
drainage rates and charges. The rules shall not be inconsistent	32587
with the laws of this state or any applicable rules of the	32588
director of environmental protection.	32589

(E) No sanitary or drainage facilities or prevention or	32590
replacement facilities shall be constructed in any county outside	32591
municipal corporations by any person until the plans and	32592
specifications have been approved by the board of county	32593
commissioners, and any construction shall be done under the	32594
supervision of the county sanitary engineer. Not less than thirty	32595
days before the date drainage plans are submitted to the board for	32596
its approval, the plans shall be submitted to the county engineer.	32597
If the county engineer is of the opinion after review that the	32598
facilities will have a significant adverse effect on roads,	32599
culverts, bridges, or existing maintenance within the county, the	32600
county engineer may submit a written opinion to the board not	32601
later than thirty days after the date the plans are submitted to	32602
the county engineer. The board may take action relative to the	32603
drainage plans only after the earliest of receiving the written	32604
opinion of the county engineer, receiving a written waiver of	32605
submission of an opinion from the county engineer, or passage of	32606
thirty days from the date the plans are submitted to the county	32607
engineer. Any person constructing the facilities shall pay to the	32608
county all expenses incurred by the board in connection with the	32609
construction	32610

(F) The county sanitary engineer or the county sanitary	32611
engineer's authorized assistants or agents, when properly	32612
identified in writing or otherwise and after written notice is	32613
delivered to the owner at least five days in advance or is mailed	32614
at least five days in advance by first class or certified mail to	32615
the owner's tax mailing address, may enter upon any public or	32616
private property for the purpose of making, and may make, surveys	32617
or inspections necessary for the laying out of sewer districts or	32618
the design or evaluation of county sanitary or drainage facilities	32619
or prevention or replacement facilities. This entry is not a	32620
trespass and is not to be considered an entry in connection with	32621
any appropriation of property proceedings under sections 163.01 to	32622
163.22 of the Revised Code that may be pending. No person or	32623
public agency shall forbid the county sanitary engineer or the	32624
county sanitary engineer's authorized assistants or agents to	32625
enter, or interfere with their entry, upon the property for that	32626
purpose or forbid or interfere with their making of surveys or	32627
inspections. If actual damage is done to property by the making of	32628
the surveys and inspections, the board shall pay the reasonable	32629
value of the damage to the property owner, and the cost shall be	32630
included in the cost of the facilities and may be included in any	32631
special assessments to be levied and collected to pay that cost.	32632

Sec. 6117.011. A board of county commissioners in the manner	32633
provided in this section may make surveys of water supply,	32634
sanitary facilities, or drainage facilities, or prevention or	32635
replacement facilities for any sewer district, the acquisition or	32636
construction of which is contemplated.	32637

Any board desiring to make a survey shall adopt a resolution	32638
declaring its purpose and necessity. In making the surveys, the	32639
board may call upon engineering officers or employees regularly	32640
employed by the board or may authorize and enter into contracts	32641
for the services of registered professional engineers to make the	32642
surveys.	32643

The surveys authorized by this section may include drawings,	32644
plans, specifications, estimates of cost of labor and materials,	32645
other items of cost, assessment rolls, and other facts, material,	32646
data, reports, and information and recommendations that the board	32647
considers advisable or necessary for the purpose.	32648

Contracts entered into for the surveys shall be considered	32649
contracts for professional services and may provide for	32650
preliminary surveys or the making of detailed plans, or both, and	32651
also may provide for engineering supervision of the work. No	32652
contract shall be valid unless one or more of the services to be	32653
performed are by its terms to be commenced within one year after	32654
the contract date.	32655

The contracts shall be signed by at least two members of the	32656
board and by the engineer agreeing to perform the service, and one	32657
signed copy of the contract shall be filed with the fiscal officer	32658
of the county, whose certificate, otherwise required by section	32659
5705.41 of the Revised Code, need not be provided. Payment for	32660
the contracts may be made from the general fund or any other fund	32661
legally available for that use at the times that are agreed upon	32662
or as determined by the board. The proceeds of any public	32663
obligations issued pursuant to section 6119.36 of the Revised Code	32664
or any other public obligations issued or incurred to pay the cost	32665
of facilities to which a survey relates may be used to pay any	32666
part of the cost under the contracts or to reimburse the fund from	32667
which payment was made.	32668

Sec. 6117.012. (A) A board of county commissioners may adopt	32669
rules requiring owners of property within the district whose	32670
property is served by a connection to sewers maintained and	32671
operated by the board or to sewers that are connected to	32672
interceptor sewers maintained and operated by the board to do any	32673
of the following:	32674

(1) Disconnect ~~stormwater~~storm water inflows to sanitary	32675
sewers maintained and operated by the board and not operated as a	32676
combined sewer, or to connections with those sewers;	32677

(2) Disconnect ~~non-stormwater~~non-storm water inflows to	32678
~~stormwater~~storm water sewers maintained and operated by the board	32679
and not operated as a combined sewer, or to connections with those	32680
storm water sewers;	32681

(3) Reconnect or relocate any such disconnected inflows in	32682
compliance with board rules and applicable building codes, health	32683
codes, or other relevant codes;	32684

(4) Prevent sewer back-ups into properties that have	32685
experienced one or more ~~overflows~~back-ups of sanitary or combined	32686
sewers maintained and operated by the board;	32687

(5) Prevent storm water from entering a combined sewer and	32688
causing an overflow or an inflow to a sanitary sewer, which	32689
prevention may include projects or programs that separate the	32690
storm water from a combined sewer or that utilize a prevention	32691
or replacement facility to prevent or minimize storm water from	32692
entering a combined sewer or a sanitary sewer.	32693

(B) Any inflow required to be disconnected or any sewer	32694
back-up required to be prevented under a rule adopted pursuant to	32695
~~division~~divisions (A)(1) to (4) of this section constitutes a	32696
nuisance subject to injunctive relief and abatement pursuant to	32697
Chapter 3767. of the Revised Code or as otherwise permitted by	32698
law.	32699

(C) A board of county commissioners may use sewer district	32700
funds; county general fund moneys; the proceeds of bonds issued	32701
under Chapter 133. or 165. of the Revised Code; and, to the extent	32702
permitted by their terms, loans, grants, or other moneys from	32703
appropriate state or federal funds, for either of the following:	32704

(1) The cost of disconnections, reconnections, relocations,	32705
combined sewer overflow prevention, or sewer back-up prevention	32706
required by rules adopted pursuant to division (A) of this	32707
section, performed by the county or under contract with the	32708
county;	32709

(2) Payments to the property owner or a contractor hired by	32710
the property owner pursuant to a competitive process established	32711
by district rules, for the cost of disconnections, reconnections,	32712
relocations, combined sewer overflow prevention, or sewer back-up	32713
prevention required by rules adopted pursuant to division (A) of	32714
this section after the board, pursuant to its rules, has approved	32715
the work to be performed and after the county has received from	32716
the property owner a statement releasing the county from all	32717
liability in connection with the disconnections, reconnections,	32718
relocations, combined sewer overflow prevention, or sewer back-up	32719
prevention.	32720

(D) Except as provided in division (E) of this section, the	32721
board of county commissioners shall require in its rules regarding	32722
disconnections, reconnections, or relocations of sewers, combined	32723
sewer overflow prevention, or sewer back-up prevention the	32724
reimbursement of moneys expended pursuant to division (C) of this	32725
section by either of the following methods:	32726

(1) A charge to the property owner in the amount of the	32727
payment made pursuant to division (C) of this section for	32728
immediate payment or payment in installments with interest as	32729
determined by the board not to exceed ten per cent, which payments	32730
may be billed as a separate item with the rents charged to that	32731
owner for use of the sewers. The board may approve installment	32732
payments for a period of not more than fifteen years. If charges	32733
are to be paid in installments, the board shall certify to the	32734
county auditor information sufficient to identify each subject	32735
parcel of property, the total of the charges to be paid in	32736
installments, and the total number of installments to be paid. The	32737
auditor shall record the information in the sewer improvement	32738
record until these charges are paid in full. Charges not paid when	32739
due shall be certified to the county auditor, who shall place the	32740
charges upon the real property tax list and duplicate against that	32741
property. Those charges shall be a lien on the property from the	32742
date they are placed on the tax list and duplicate and shall be	32743
collected in the same manner as other taxes.	32744

(2) A special assessment levied against the property, payable	32745
in the number of years the board determines, not to exceed fifteen	32746
years, with interest as determined by the board not to exceed ten	32747
per cent. The board shall certify the assessments to the county	32748
auditor, stating the amount and time of payment. The auditor shall	32749
record the information in the county sewer improvement record,	32750
showing separately the assessments to be collected, and shall	32751
place the assessments upon the real property tax list and	32752
duplicate for collection. The assessments shall be a lien on the	32753
property from the date they are placed on the tax list and	32754
duplicate and shall be collected in the same manner as other	32755
taxes.	32756

(E) The county may adopt a resolution specifying a maximum	32757
amount of the cost of any disconnection, reconnection,	32758
relocation, combined sewer overflow prevention, or sewer back-up	32759
prevention required pursuant to division (A) of this section that	32760
may be paid by the county for each affected parcel of property	32761
without requiring reimbursement. That amount may be allowed only	32762
if there is a building code, health code, or other relevant code,	32763
or a federally imposed or state-imposed consent decree that is	32764
filed or otherwise recorded in a court of competent jurisdiction,	32765
applicable to the affected parcel that prohibits in the future any	32766
inflows, combined sewer overflows, or sewer back-ups not allowed	32767
under rules adopted pursuant to division (A)(1) or, (4), or (5) of	32768
this section. The board, by rule, shall establish criteria for	32769
determining how much of the maximum amount for each qualifying	32770
parcel need not be reimbursed.	32771

(F) Disconnections, reconnections, relocations, combined	32772
sewer overflow prevention, or sewer back-up prevention required	32773
under this section and performed by a contractor under contract	32774
with the property owner shall not be considered a public	32775
improvement, and those performed by the county shall be considered	32776
a public improvement as defined in section 4115.03 of the Revised	32777
Code.	32778

Disconnections, reconnections, relocations, combined sewer	32779
overflow prevention, or sewer back-up prevention required under	32780
this section performed by a contractor under contract with the	32781
property owner shall not be subject to competitive bidding or	32782
public bond laws.	32783

(G) Property owners shall be responsible for maintaining any	32784
improvements made or facilities constructed on private property to	32785
reconnect or relocate disconnected inflows, for combined sewer	32786
overflow prevention, or for sewer back-up prevention pursuant to	32787
this section unless a public easement or other agreement exists	32788
for the county to maintain that improvement or facility.	32789

(H) A board of county commissioners may provide rate	32790
reductions of and credits against charges for the use of sewers to	32791
a property owner that implements a project or program that	32792
prevents storm water from entering a combined sewer and causing an	32793
overflow. Such a project or program may include the use of a	32794
prevention or replacement facility to handle storm water that has	32795
been separated from a combined sewer. The revised rates or charges	32796
shall be collected and paid to the county treasurer in accordance	32797
with section 6117.02 of the Revised Code.	32798

Sec. 6117.04. The authority of a board of county	32799
commissioners to acquire, construct, maintain, and operate	32800
sanitary or drainage facilities or prevention or replacement	32801
facilities for a county sewer district in the territory of a	32802
municipal corporation, or a regional district established under	32803
Chapter 6119. of the Revised Code, that is in whole or in part	32804
within the county sewer district is the same as provided by law	32805
with respect to territory within a county sewer district that is	32806
wholly outside a municipal corporation or a regional district,	32807
subject to the following in the case of facilities within a	32808
municipal corporation:	32809

(A) The acquisition, construction, maintenance, and operation	32810
of the facilities shall first be authorized by an ordinance or	32811
resolution of the legislative authority of the municipal	32812
corporation.	32813

(B) All road surfaces, curbs, sidewalks, sewers, water supply	32814
facilities, or other public improvements or property that may be	32815
disturbed or damaged by the construction of the facilities shall	32816
be replaced or restored within a reasonable time by the county,	32817
and the cost shall be treated as a part of the cost of the	32818
facilities.	32819

(C) The municipal corporation, with the prior approval of or	32820
by agreement with the board, may make use of the facilities in	32821
accordance with rules established by the board and subject to any	32822
applicable requirements of the director of environmental	32823
protection.	32824

Sec. 6117.05. (A) Whenever any portion of a sewer district	32825
is incorporated as, or annexed to, a municipal corporation, the	32826
area so incorporated or annexed shall remain under the	32827
jurisdiction of the board of county commissioners for purposes of	32828
the acquisition and construction of sanitary and drainage facility	32829
and prevention or replacement facility improvements until all of	32830
those improvements for the area for which a resolution described	32831
in division (A) or (E) of section 6117.06 of the Revised Code has	32832
been adopted by the board have been acquired or completed or until	32833
the board has abandoned the improvements. The board, unless and	32834
until a conveyance is made to a municipal corporation in	32835
accordance with division (B) of this section, shall continue to	32836
have jurisdiction in the area so incorporated or annexed with	32837
respect to the management, maintenance, and operation of all	32838
sanitary and drainage facilities and prevention or replacement	32839
facilities so acquired or completed, or previously acquired or	32840
completed, including the right to establish rules and rates and	32841
charges for the use of, and connections to, the facilities. The	32842
incorporation or annexation of any part of a district shall not	32843
affect the legality or enforceability of any public obligations	32844
issued or incurred by the county for purposes of this chapter to	32845
provide for the payment of the cost of acquisition, construction,	32846
maintenance, or operation of any sanitary or drainage facilities	32847
or prevention or replacement facilities within the area, or the	32848
validity of any assessments levied or to be levied upon	32849
properties within the area to provide for the payment of the cost	32850
of acquisition, construction, maintenance, or operation of the	32851
facilities.	32852

(B) Any completed sanitary or drainage facilities or	32853
prevention or replacement facilities acquired or constructed by a	32854
county under this chapter for the use of any county sewer	32855
district, or any part of those facilities, that are located within	32856
a municipal corporation or within any area that is incorporated	32857
as, or annexed to, a municipal corporation, or any part of the	32858
facilities that serve a municipal corporation or such an area, may	32859
be conveyed, by mutual agreement between the board and the	32860
municipal corporation, to the municipal corporation on terms and	32861
for consideration as may be negotiated. Upon and after the	32862
conveyance, the municipal corporation shall manage, maintain, and	32863
operate the facilities in accordance with the agreement. The board	32864
may retain the right to joint use of all or part of any facilities	32865
so conveyed for the benefit of the district. Neither the validity	32866
of any assessment levied or to be levied, nor the legality or	32867
enforceability of any public obligations issued or incurred, to	32868
provide for the payment of the cost of the acquisition,	32869
construction, maintenance, or operation of the facilities or any	32870
part of them, shall be affected by the conveyance.	32871

Sec. 6117.06. (A) After the establishment of any sewer	32872
district, the board of county commissioners, if a sanitary or	32873
drainage facility or prevention or replacement facility	32874
improvement is to be undertaken, may have the county sanitary	32875
engineer prepare, or otherwise cause to be prepared, for the	32876
district, or revise as needed, a general plan of sewerage or	32877
drainage that is as complete in each case as can be developed at	32878
the time and that is devised with regard to any existing sanitary	32879
or drainage facilities or prevention or replacement facilities in	32880
the district and present as well as prospective needs for	32881
additional sanitary or drainage facilities or prevention or	32882
replacement facilities in the district. After the general plan, in	32883
original or revised form, has been approved by the board, it may	32884
adopt a resolution generally describing the improvement that is	32885
necessary to be acquired or constructed in accordance with the	32886
particular plan, declaring that the improvement is necessary for	32887
the preservation and promotion of the public health and welfare,	32888
and determining whether or not special assessments are to be	32889
levied and collected to pay any part of the cost of the	32890
improvement.	32891

(B) If special assessments are not to be levied and collected	32892
to pay any part of the cost of the improvement, the board, in the	32893
resolution provided for in division (A) of this section or in a	32894
subsequent resolution, including a resolution authorizing the	32895
issuance or incurrence of public obligations for the improvement,	32896
may authorize the improvement and the expenditure of the funds	32897
required for its acquisition or construction and may proceed with	32898
the improvement without regard to the procedures otherwise	32899
required by divisions (C), (D), and (E) of this section and by	32900
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	32901
are required only for improvements for which special assessments	32902
are to be levied and collected.	32903

(C) If special assessments are to be levied and collected	32904
pursuant to a determination made in the resolution provided for in	32905
division (A) of this section or in a subsequent resolution, the	32906
procedures referred to in division (B) of this section as being	32907
required for that purpose shall apply, and the board may have the	32908
county sanitary engineer prepare, or otherwise cause to be	32909
prepared, detailed plans, specifications, and an estimate of cost	32910
for the improvement, together with a tentative assessment of the	32911
cost based on the estimate. The tentative assessment shall be for	32912
the information of property owners and shall not be levied or	32913
certified to the county auditor for collection. The detailed	32914
plans, specifications, estimate of cost, and tentative assessment,	32915
if approved by the board, shall be carefully preserved in the	32916
office of the board or the county sanitary engineer and shall be	32917
open to the inspection of all persons interested in the	32918
improvement.	32919

(D) After the board's approval of the detailed plans,	32920
specifications, estimate of cost, and tentative assessment, and at	32921
least twenty-four days before adopting a resolution pursuant to	32922
division (E) of this section, the board, except to the extent that	32923
appropriate waivers of notice are obtained from affected owners,	32924
shall cause to be sent a notice of its intent to adopt the	32925
resolution to each owner of property proposed to be assessed that	32926
is listed on the records of the county auditor for current	32927
agricultural use value taxation pursuant to section 5713.31 of the	32928
Revised Code and that is not located in an agricultural district	32929
established under section 929.02 of the Revised Code. The notice	32930
shall satisfy all of the following:	32931

(1) Be sent by first class or certified mail;

32932

(2) Specify the proposed date of the adoption of the	32933
resolution;	32934

(3) Contain a statement that the improvement will be financed	32935
in whole or in part by special assessments and that all properties	32936
not located in an agricultural district established pursuant to	32937
section 929.02 of the Revised Code may be subject to a special	32938
assessment;	32939

(4) Contain a statement that an agricultural district may be	32940
established by filing an application with the county auditor.	32941

If it appears, by the return of the mailed notices or by	32942
other means, that one or more of the affected owners cannot be	32943
found or are not served by the mailed notice, the board shall	32944
cause the notice to be published once in a newspaper of general	32945
circulation in the county not later than ten days before the	32946
adoption of the resolution.	32947

(E) After complying with divisions (A), (C), and (D) of this	32948
section, the board may adopt a resolution declaring that the	32949
improvement, which shall be described as to its nature and its	32950
location, route, and termini, is necessary for the preservation	32951
and promotion of the public health and welfare, referring to the	32952
plans, specifications, estimate of cost, and tentative assessment,	32953
stating the place where they are on file and may be examined, and	32954
providing that the entire cost or a lesser designated part of the	32955
cost will be specially assessed against the benefited properties	32956
within the district and that any balance will be paid by the	32957
county at large from other available funds. The resolution also	32958
shall contain a description of the boundaries of that part of the	32959
district to be assessed and shall designate a time and place for	32960
objections to the improvement, to the tentative assessment, or to	32961
the boundaries of the assessment district to be heard by the	32962
board. The date of that hearing shall be not less than twenty-four	32963
days after the date of the first publication of the notice of the	32964
hearing required by this division.	32965

The board shall cause a notice of the hearing to be published	32966
once a week for two consecutive weeks in a newspaper of general	32967
circulation in the county, and on or before the date of the second	32968
publication, it shall cause to be sent by first class or	32969
certified mail a copy of the notice to every owner of property to	32970
be assessed for the improvement whose address is known.	32971

The notice shall set forth the time and place of the hearing,	32972
a summary description of the proposed improvement, including its	32973
general route and termini, a summary description of the area	32974
constituting the assessment district, and the place where the	32975
plans, specifications, estimate of cost, and tentative assessment	32976
are on file and may be examined. Each mailed notice also shall	32977
include a statement that the property of the addressee will be	32978
assessed for the improvement. The notice also shall be sent by	32979
first class or certified mail, on or before the date of the second	32980
publication, to the clerk, or to the official discharging the	32981
duties of a clerk, of any municipal corporation any part of which	32982
lies within the assessment district and shall state whether or not	32983
any property belonging to the municipal corporation is to be	32984
assessed and, if so, shall identify that property.	32985

At the hearing, or at any adjournment of the hearing, of	32986
which no further published or mailed notice need be given, the	32987
board shall hear all parties whose properties are proposed to be	32988
assessed. Written objections to or endorsements of the proposed	32989
improvement, its character and termini, the boundaries of the	32990
assessment district, or the tentative assessment shall be received	32991
by the board for a period of five days after the completion of the	32992
hearing, and no action shall be taken by the board in the matter	32993
until after that period has elapsed. The minutes of the hearing	32994
shall be entered on the journal of the board, showing the persons	32995
who appear in person or by attorney, and all written objections	32996
shall be preserved and filed in the office of the board.	32997

Sec. 6117.25. (A) The board of county commissioners may pay	32998
the whole or any part of the cost of constructing, maintaining,	32999
repairing, or operating any improvement provided for in this	33000
chapter, including the payment of a county sanitary engineer and	33001
~~his~~the sanitary engineer's assistants and other necessary	33002
expenses. Insofar as such expenses relate to the construction of a	33003
permanent improvement, they may be considered as part of the cost	33004
of such improvement and bonds may be issued therefor. ~~Bonds~~	33005

(B) Bonds and notes in anticipation thereof, including bonds	33006
issued in anticipation of the collection of assessments deferred	33007
pursuant to sections 6117.061 and 6117.33 of the Revised Code, may	33008
be issued by the board pursuant to Chapter 133. of the Revised	33009
Code, to finance any such improvement;, provided that where a	33010
separate issue of bonds is issued in anticipation of the	33011
collection of deferred assessments, the first principal maturity	33012
of such bonds may be not later than five years from the date of	33013
such bonds. Bonds issued in anticipation of the collection of	33014
assessments deferred pursuant to sections 6117.061 and 6117.33 of	33015
the Revised Code and notes issued in anticipation of such bonds	33016
shall be considered for all purposes under this chapter and	33017
Chapter 133. of the Revised Code as being bonds or notes issued in	33018
anticipation of the levy or collection of special assessments.	33019

(C) Bonds may be issued by the board under Chapter 165. of	33020
the Revised Code to finance such improvements payable solely from	33021
revenues generated by the improvements.	33022

Sec. 6117.251. (A) After the establishment of any county	33023
sewer district, the board of county commissioners may determine by	33024
resolution that it is necessary to provide sanitary or drainage	33025
facility improvements or prevention or replacement facility	33026
improvements and to maintain and operate the improvements within	33027
the district or a designated portion of the district, that the	33028
improvements, which shall be generally described in the	33029
resolution, shall be constructed, that funds are required to pay	33030
the preliminary costs of the improvements to be incurred prior to	33031
the commencement of the proceedings for their construction, and	33032
that those funds shall be provided in accordance with this	33033
section.	33034

(B) Prior to the adoption of the resolution, the board shall	33035
give notice of its pendency and of the proposed determination of	33036
the necessity of the improvements generally described in the	33037
resolution. The notice shall set forth a description of the	33038
properties to be benefited by the improvements and the time and	33039
place of a hearing of objections to and endorsements of the	33040
improvements. The notice shall be given either by publication in a	33041
newspaper of general circulation in the county once a week for two	33042
consecutive weeks, or by mailing a copy of the notice by first	33043
class or certified mail to the owners of the properties proposed	33044
to be assessed at their respective tax mailing addresses, or by	33045
both manners, the first publication to be made or the mailing to	33046
occur at least two weeks prior to the date set for the hearing. At	33047
the hearing, or at any adjournment of the hearing, of which no	33048
further published or mailed notice need be given, the board shall	33049
hear all persons whose properties are proposed to be assessed and	33050
the evidence it considers to be necessary. The board then shall	33051
determine the necessity of the proposed improvements and whether	33052
the improvements shall be made by the board and, if they are to be	33053
made, shall direct the preparation of tentative assessments upon	33054
the benefited properties and by whom they shall be prepared.	33055

(C) In order to obtain funds for the preparation of a general	33056
or revised general plan of sewerage or drainage for the district	33057
or part of the district, for the preparation of the detailed	33058
plans, specifications, estimate of cost, and tentative assessment	33059
for the proposed improvements, and for the cost of financing and	33060
legal services incident to the preparation of all of those plans	33061
and a plan of financing the proposed improvements, the board may	33062
levy upon the properties to be benefited in the district a	33063
preliminary assessment apportioned according to benefits or to tax	33064
valuation or partly by one method and partly by the other method	33065
as the board may determine. The assessments shall be in the	33066
amount determined to be necessary to obtain funds for the general	33067
and detailed plans and the cost of financing and legal services	33068
and shall be payable in the number of years that the board shall	33069
determine, not to exceed twenty years, together with interest on	33070
any public obligations that may be issued or incurred in	33071
anticipation of the collection of the assessments.	33072

(D) The board shall have power at any time to levy additional	33073
assessments according to benefits or to tax valuation or partly by	33074
one method and partly by the other method as the board may	33075
determine for the purposes described in division (C) of this	33076
section upon the benefited properties to complete the payment of	33077
the costs described in division (C) of this section or to pay the	33078
cost of any additional plans, specifications, estimate of cost, or	33079
tentative assessment and the cost of financing and legal services	33080
incident to the preparation of those plans and the plan of	33081
financing, which additional assessments shall be payable in the	33082
number of years that the board shall determine, not to exceed	33083
twenty years, together with interest on any public obligations	33084
that may be issued or incurred in anticipation of the collection	33085
of the additional assessments.	33086

(E) Prior to the adoption of a resolution levying assessments	33087
under this section, the board shall give notice either by one	33088
publication in a newspaper of general circulation in the county,	33089
or by mailing a copy of the notice by first class or certified	33090
mail to the owners of the properties proposed to be assessed at	33091
their respective tax mailing addresses, or by both manners, the	33092
publication to be made or the mailing to occur at least ten days	33093
prior to the date of the meeting at which the resolution shall be	33094
taken up for consideration; that notice shall state the time and	33095
place of the meeting at which the resolution is to be considered.	33096
At the time and place of the meeting, or at any adjournment of	33097
the meeting, of which no further published or mailed notice need	33098
be given, the board shall hear all persons whose properties are	33099
proposed to be assessed, shall correct any errors and make any	33100
revisions that appear to be necessary or just, and then may adopt	33101
a resolution levying upon the properties determined to be	33102
benefited the assessments as so corrected and revised.	33103

The assessments levied by the resolution shall be certified	33104
to the county auditor for collection in the same manner as taxes	33105
in the year or years in which they are payable.	33106

(F) Upon the adoption of the resolution described in division	33107
(E) of this section, no further action shall be taken or work done	33108
until ten days have elapsed. If, at the expiration of that period,	33109
no appeal has been effected by any property owner as provided in	33110
this division, the action of the board shall be final. If, at the	33111
end of that ten days, any owner of property to be assessed for the	33112
improvements has effected an appeal, no further action shall be	33113
taken and no work done in connection with the improvements under	33114
the resolution until the matters appealed from have been disposed	33115
of in court.	33116

Any owner of property to be assessed may appeal as provided	33117
and upon the grounds stated in sections 6117.09 to 6117.24 of the	33118
Revised Code.	33119

If no appeal has been perfected or if on appeal the	33120
resolution of the board is sustained, the board may authorize and	33121
enter into contracts to carry out the purposes for which the	33122
assessments have been levied without the prior issuance of notes,	33123
provided that the payments under those contracts do not fall due	33124
prior to the time by which the assessments are to be collected.	33125
The board may issue and sell bonds with a maximum maturity of	33126
twenty years in anticipation of the collection of the assessments	33127
and may issue notes in anticipation of the issuance of the bonds,	33128
which notes and bonds, as public obligations, shall be issued and	33129
sold as provided in Chapter 133. of the Revised Code.	33130

Sec. 6117.28. Whenever the owners of all the lots and lands	33131
to be assessed for any sanitary or drainage facility improvement	33132
or any prevention or replacement facility improvement provided for	33133
in this chapter, by petition in writing, request the board of	33134
county commissioners to provide for the acquisition or	33135
construction, maintenance, and operation of the improvement,	33136
describing the improvement and the lots and lands owned by them	33137
respectively to be assessed to pay the cost of acquisition or	33138
construction, maintenance, and operation of the improvement and	33139
consenting that their lots and lands may be assessed to pay the	33140
cost of the acquisition or construction of the improvement and of	33141
its maintenance and operation as provided in this chapter, and	33142
waive all legal notices otherwise required, the board may have	33143
the county sanitary engineer prepare, or otherwise cause to be	33144
prepared, the necessary plans, specifications, and estimate of	33145
cost of the acquisition or construction, maintenance, and	33146
operation of the improvement and a tentative assessment. When the	33147
owners state, in writing, that they have examined the estimate of	33148
cost and tentative assessment, that they have no objections to	33149
them, and that, in case bonds are proposed to be issued prior to	33150
the acquisition or construction of the improvement, they waive	33151
their right or option to pay the assessments in cash, the board	33152
may proceed as provided in this chapter to cause the improvement	33153
to be acquired or constructed and to cause provision to be made	33154
for the payment of the cost of its acquisition or construction,	33155
maintenance, and operation, except that none of the notices	33156
otherwise required by law need be given and no opportunity need be	33157
provided for the filing of objections to the improvement, its	33158
character and termini, the boundaries of the assessment district,	33159
or the tentative assessment or, if bonds are issued prior to the	33160
acquisition or construction of the improvement, for paying the	33161
assessments in cash. The board may proceed to issue or incur	33162
public obligations in the required amount, complete the	33163
acquisition or construction of the improvement, and levy and	33164
collect the assessments authorized by this chapter. No person or	33165
public agency shall have the right to appeal from any decision or	33166
action of the board in the matter except refusal by the board to	33167
proceed with the improvement.	33168

The tentative assessment provided for in this section shall	33169
be for the information of property owners and shall not be levied	33170
or certified to the county auditor for collection. On completion	33171
of the improvement, its cost shall be determined, and the county	33172
sanitary engineer shall prepare, or otherwise cause to be	33173
prepared, a revised assessment based on the actual cost and in	33174
substantially the same proportion as the tentative assessment. The	33175
board shall confirm and levy the revised assessment and certify it	33176
to the county auditor for collection.	33177

Sec. 6117.30. The cost of the acquisition or construction of	33178
sanitary or drainage facilities or prevention or replacement	33179
facilities to be paid by assessments shall be assessed, as an	33180
assessment district assessment, upon all the property within the	33181
county sewer district found to be benefited in accordance with the	33182
special benefits conferred, less any part of the cost that is	33183
paid by the county at large from other available funds. State land	33184
so benefited shall bear its portion of the assessed cost.	33185

Sec. 6117.34. Whenever the legislative authority or board of	33186
health, or the officers performing the duties of the legislative	33187
authority or board of health, of a municipal corporation, the	33188
board of health of a general health district, or a board of	33189
township trustees makes complaint, in writing, to the	33190
environmental protection agency that unsanitary conditions exist	33191
in any county, the agency's director forthwith shall inquire into	33192
and investigate the conditions complained of. If, upon	33193
investigation of the complaint, the director finds that it is	33194
necessary for the public health and welfare that sanitary or	33195
drainage facilities or prevention or replacement facilities be	33196
acquired or constructed, maintained, and operated to serve any	33197
territory outside municipal corporations in any county, the	33198
director shall notify the board of county commissioners of the	33199
county of that finding and order that corrective action be taken.	33200
The board shall obey the order and proceed as provided in this	33201
chapter to establish a county sewer district, if required, to	33202
provide the necessary funds, to acquire or construct the	33203
facilities, and to maintain and operate the facilities, as	33204
required by the order and in a manner that is satisfactory to the	33205
director. Any part or all of the cost of the facilities or of the	33206
maintenance and operation of the facilities may be assessed upon	33207
the benefited properties as provided in this chapter.	33208

Sec. 6117.38. (A) At any time after the formation of any	33209
county sewer district, the board of county commissioners, when it	33210
considers it appropriate, on application by a person or public	33211
agency for the provision of sewerage or drainage to properties of	33212
the person or public agency located outside of the district, may	33213
contract with the person or public agency for depositing sewage or	33214
drainage from those properties in facilities acquired or	33215
constructed or to be acquired or constructed by the county to	33216
serve the district and for the treatment, disposal, and	33217
disposition of the sewage or drainage, on terms that the board	33218
considers equitable. The amount to be paid by the person or public	33219
agency to reimburse the county for costs of acquiring or	33220
constructing those facilities shall not be less than the original	33221
or comparable assessment for similar property within the district	33222
or, in the absence of an original or comparable assessment, an	33223
amount that is found by the board to be reasonable and fairly	33224
reflective of that portion of the cost of those facilities	33225
attributable to the properties to be served. The board shall	33226
appropriate any moneys received for that service to and for the	33227
use and benefit of the district. The board may collect the amount	33228
to be paid by the person or public agency in full, in cash or in	33229
installments as a part of a connection charge to be collected in	33230
accordance with division (B) or (D) of section 6117.02 of the	33231
Revised Code, or if the properties to be served are located within	33232
the county, the same amount may be assessed against those	33233
properties, and, in that event, the manner of making the	33234
assessment, together with the notice of it, shall be as provided	33235
in this chapter.	33236

(B) Whenever sanitary or drainage facilities or prevention or	33237
replacement facilities have been acquired or constructed by, and	33238
at the expense of, a person or public agency and the board	33239
considers it appropriate to acquire the facilities or any part of	33240
them for the purpose of providing sewerage or drainage service to	33241
territory within a sewer district, the county sanitary engineer,	33242
at the direction of the board, shall examine the facilities. If	33243
the county sanitary engineer finds the facilities properly	33244
designed and constructed, the county sanitary engineer shall	33245
certify that fact to the board. The board may determine to	33246
purchase the facilities or any part of them at a cost that, after	33247
consultation with the county sanitary engineer, it finds to be	33248
reasonable.	33249

Subject to and in accordance with this division and division	33250
(B) or divisions (C), (D), and (E) of section 6117.06 of the	33251
Revised Code, the board may purchase the facilities or any part of	33252
them by negotiation. For the purpose of paying the cost of their	33253
acquisition, the board may issue or incur public obligations and	33254
assess the entire cost, or a lesser designated part of the cost,	33255
of their acquisition against the benefited properties in the	33256
manner provided in this chapter for the construction of original	33257
or comparable facilities.	33258

Sec. 6117.41. At any time after the formation of any county	33259
sewer district, the board of county commissioners may enter into a	33260
contract, upon the terms and for the period of time that are	33261
mutually agreed upon, with any other public agency to prepare all	33262
necessary plans and estimates of cost and to acquire or construct	33263
any sanitary or drainage facilities or any prevention or	33264
replacement facilities that are to be used jointly by the	33265
contracting parties, and to provide for the maintenance,	33266
operation, and joint use by the contracting parties of those	33267
facilities or the maintenance, operation, and joint use of any	33268
suitable existing sanitary or drainage facilities or prevention or	33269
replacement facilities belonging to either of the contracting	33270
parties.	33271

Sec. 6117.42. All contracts under section 6117.41 of the	33272
Revised Code shall provide for the payment of compensation to the	33273
county or other public agency owning, acquiring, or constructing,	33274
or agreeing to acquire or construct, the sanitary or drainage	33275
facilities or prevention or replacement facilities to be jointly	33276
used in an amount agreed upon as the other party's share of the	33277
cost of acquiring or constructing the facilities. The contract	33278
also shall provide for payment of compensation to the county or	33279
other public agency owning, acquiring, or constructing the	33280
facilities and operating and maintaining them in an amount agreed	33281
upon as the other party's share of the cost of operating and	33282
maintaining them or, in lieu of all other or differing payments,	33283
and agreed price per unit of flow. A county or other public agency	33284
owning, acquiring, or constructing, or agreeing to acquire or	33285
construct, any of the facilities and agreeing to their use by	33286
another public agency shall retain full control and management of	33287
the acquisition, construction, maintenance, and operation of the	33288
facilities, unless otherwise provided in the contract and except,	33289
in the case of a county, when conveyed to a municipal corporation	33290
as provided in division (B) of section 6117.05 of the Revised	33291
Code.	33292

Sec. 6117.43. A county or other public agency contracting	33293
as provided in sections 6117.41 and 6117.42 of the Revised Code	33294
for the joint use of any sanitary or drainage facilities or any	33295
prevention or replacement facilities acquired or constructed, or	33296
to be acquired or constructed, by another public agency may	33297
provide for payment of the agreed compensation by the levy of	33298
taxes or special assessments or from sanitary sewer or drainage	33299
rates and charges, if and to the extent that the public agency is	33300
authorized by the laws governing it in the acquisition,	33301
construction, maintenance, or operation of the facilities to	33302
provide for payment of the costs in respect of which the	33303
compensation is due from those sources, and may issue or incur	33304
public obligations as provided by those laws and pay the debt	33305
charges on those obligations from those sources if and to the	33306
extent so authorized.	33307

Sec. 6117.44. A county or other public agency receiving the	33308
compensation provided for in section 6117.42 of the Revised Code	33309
shall credit the amount so received to the proper fund to be used	33310
for the acquisition, construction, or operation and maintenance,	33311
as the case may be, of the sanitary or drainage facilities or the	33312
prevention or replacement facilities or for other authorized	33313
purposes.	33314

Sec. 6117.45. No person or public agency shall tamper with	33315
or damage any sanitary or drainage facility or any prevention or	33316
replacement facility acquired or constructed by a county under	33317
this chapter or any apparatus or accessory connected with it or	33318
pertaining to it, or make any connection into or with the	33319
facility, without the permission of the board of county	33320
commissioners or in a manner or for a use other than as prescribed	33321
by the board. No person or public agency shall refuse to permit	33322
the inspection by the county sanitary engineer of any such	33323
connection. No person or public agency shall violate any other	33324
provision of this chapter.	33325

All fines collected under section 6117.99 of the Revised Code	33326
shall be paid to the county treasurer and credited to the fund	33327
that the board determines to be most appropriate after	33328
consideration of the nature and extent of the particular	33329
violations.	33330

Sec. 6117.49. (A) If the board of county commissioners	33331
determines by resolution that the best interests of the county and	33332
those served by the sanitary or drainage facilities or the	33333
prevention or replacement facilities of a county sewer district so	33334
require, the board may sell or otherwise dispose of the facilities	33335
to another public agency or a person. The resolution declaring the	33336
necessity of that disposition shall recite the reasons for the	33337
sale or other disposition and shall establish any conditions or	33338
terms that the board may impose, including, but not limited to, a	33339
minimum sales price if a sale is proposed, a requirement for the	33340
submission by bidders of the schedule of rates and charges	33341
initially proposed to be paid for the services of the facilities,	33342
and other pertinent conditions or terms relating to the sale or	33343
other disposition. The resolution also shall designate a time and	33344
place for the hearing of objections to the sale or other	33345
disposition by the board. Notice of the adoption of the resolution	33346
and the time and place of the hearing shall be published once a	33347
week for two consecutive weeks in a newspaper of general	33348
circulation in the sewer district and in the county. The public	33349
hearing on the sale or other disposition shall be held not less	33350
than twenty-four days following the date of first publication of	33351
the notice. A copy of the notice also shall be sent by first class	33352
or certified mail, on or before the date of the second	33353
publication, to any public agency within the area served by the	33354
facilities. At the public hearing, or at any adjournment of it,	33355
of which no further published or mailed notice need be given, the	33356
board shall hear all interested parties. A period of five days	33357
shall be given following the completion of the hearing for the	33358
filing of written objections by any interested persons or public	33359
agencies to the sale or other disposition, after which the board	33360
shall consider any objections and by resolution determine whether	33361
or not to proceed with the sale or other disposition. If the	33362
board determines to proceed with the sale or other disposition,	33363
it shall receive bids after advertising once a week for four	33364
consecutive weeks in a newspaper of general circulation in the	33365
county and, subject to the right of the board to reject any or all	33366
bids, may make an award to a responsible bidder whose proposal is	33367
determined by the board to be in the best interests of the county	33368
and those served by the facilities.	33369

(B) A conveyance of sanitary or drainage facilities or of	33370
prevention or replacement facilities by a county to a municipal	33371
corporation in accordance with division (B) of section 6117.05 of	33372
the Revised Code may be made without regard to division (A) of	33373
this section.	33374

Sec. 6121.045. With respect to a loan made under this	33375
chapter, the Ohio water development authority shall not charge any	33376
fees or fines that, in the aggregate, exceed an amount equal to	33377
the principal amount of the loan.	33378

Sec. 6123.042. With respect to a loan made under this	33379
chapter, the Ohio water development authority shall not charge any	33380
fees or fines that, in the aggregate, exceed an amount equal to	33381
the principal amount of the loan.	33382

Section 101.02. That existing sections 9.231, 9.24, 9.835,	33383
105.41, 109.71, 113.061, 113.40, 117.11, 117.13, 117.38,	33384
120.08, 121.31, 122.171, 125.02, 125.021, 125.022, 125.04,	33385
125.041, 125.05, 125.06, 125.07, 125.18, 125.25, 127.16,	33386
133.08, 135.61, 135.63, 135.65, 135.66, 145.47, 149.30, 156.02,	33387
165.01, 165.03, 303.12, 303.211, 306.43, 307.697, 317.32,	33388
319.301, 340.02, 340.021, 351.26, 519.12, 519.211, 715.73,	33389
715.74, 901.42, 1332.04, 1333.61, 1346.03, 1751.01, 1751.04,	33390
1751.05, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15, 1751.16,	33391
1751.17, 1751.18, 1751.20, 1751.31, 1751.34, 1751.53, 1751.60,	33392
1751.89, 2743.49, 2744.05, 2903.213, 2903.214, 2915.101,	33393
2919.26, 2921.13, 2923.11, 2935.01, 2935.03, 2949.092, 3111.04,	33394
3113.06, 3113.31, 3119.023, 3119.54, 3301.0714, 3311.21, 3311.24,	33395
3313.842, 3313.978, 3314.016, 3314.02, 3314.03, 3314.05,	33396
3316.03, 3316.041, 3316.06, 3316.08, 3317.023, 3317.11, 3317.20,	33397
3318.01, 3318.03, 3318.032, 3318.04, 3318.37, 3319.291, 3323.30,	33398
3323.31, 3323.32, 3323.33, 3333.04, 3333.044, 3333.045,	33399
3333.122, 3335.05, 3341.03, 3343.08, 3344.02, 3345.34, 3350.10,	33400
3352.02, 3353.02, 3353.20, 3353.21, 3353.22, 3353.26, 3353.27,	33401
3353.28, 3353.29, 3354.16, 3355.12, 3356.02, 3357.16, 3359.02,	33402
3361.02, 3364.02, 3501.17, 3501.19, 3503.14, 3503.16, 3503.19,	33403
3503.28, 3505.18, 3505.181, 3505.182, 3505.183, 3509.03,	33404
3509.031, 3509.04, 3509.05, 3511.02, 3511.05, 3511.09, 3702.71,	33405
3702.72, 3702.73, 3702.74, 3702.75, 3702.78, 3702.79, 3702.81,	33406
3702.85, 3702.86, 3702.91, 3702.93, 3702.95, 3703.01, 3734.821,	33407
3735.67, 3743.02, 3743.04, 3743.15, 3743.17, 3743.19, 3743.25,	33408
3743.40, 3743.44, 3743.45, 3743.54, 3743.56, 3743.65, 3743.70,	33409
3743.99, 3901.3814, 3905.40, 3923.281, 3923.443, 3961.04,	33410
4112.12, 4117.14, 4117.15, 4123.26, 4123.32, 4123.37, 4123.54,	33411
4141.31, 4141.312, 4301.355, 4301.421, 4301.424, 4301.62,	33412
4303.182, 4303.25, 4510.10, 4511.01, 4511.101, 4511.181,	33413
4511.191, 4511.53, 4731.65, 4731.71, 4735.01, 4735.02, 4735.10,	33414
4735.13, 4735.14, 4735.141, 4752.04, 4752.05, 4752.06,	33415
4752.07, 4752.11, 4752.12, 4752.13, 4906.13, 4906.98, 4928.142,	33416
4928.20, 4981.14, 5101.26, 5101.5211, 5101.5212, 5101.5213,	33417
5101.5214, 5101.5215, 5101.571, 5101.572, 5101.58, 5101.80,	33418
5104.02, 5111.032, 5111.084, 5111.091, 5111.31, 5111.94,	33419
5111.941, 5112.31, 5112.37, 5123.0412, 5123.196, 5123.36,	33420
5513.01, 5525.01, 5703.19, 5703.21, 5703.57, 5705.194,	33421
5705.214, 5705.29, 5709.121, 5721.30, 5721.31, 5721.32, 5721.33,	33422
5721.34, 5721.35, 5721.36, 5721.37, 5721.38, 5721.39, 5721.40,	33423
5721.41, 5721.42, 5721.43, 5727.84, 5727.85, 5739.01, 5739.02,	33424
5739.029, 5739.09, 5739.12, 5739.122, 5739.124, 5739.21,	33425
5741.04, 5741.12, 5741.121, 5741.122, 5743.024, 5743.323,	33426
5745.05, 5747.01, 5747.02, 5748.022, 5751.20, 5751.21,	33427
6101.53, 6101.55, 6117.01, 6117.011, 6117.012, 6117.04,	33428
6117.05, 6117.06, 6117.25, 6117.251, 6117.28, 6117.30, 6117.34,	33429
6117.38, 6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and	33430
6117.49 of the Revised Code are hereby repealed.	33431

Section 105.01. That sections 124.821, 3314.086, 3317.161,	33432
3353.23, 3353.24, 3353.25, 3353.30, 5111.88, 5111.881, 5111.882,	33433
5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888,	33434
5111.889, 5111.8810, 5111.8811, 5111.8812, 5111.8813, 5111.8814,	33435
5111.8815, 5111.8816, 5111.8817, 5112.311, and 5739.213 of the	33436
Revised Code are hereby repealed.	33437

Section 201.10. The items set forth in this section are	33438
hereby appropriated out of any moneys in the state treasury to	33439
the credit of the Nursing Home - Federal Fund (Fund 3190) that	33440
are not otherwise appropriated.	33441

Appropriations

OVH OHIO VETERANS' HOME AGENCY	33442

C43019	G-Life Safety & Security	$	310,700	33443
C43020	G-Critical Power & Grounds	$	510,250	33444
C43021	S-S/G Tub Room & Nurse Call	$	1,856,712	33445
C43022	S-G Renovate Giffin First Floor	$	418,015	33446
C43023	S-S/G Floor Replacement	$	579,270	33447
C43024	S-S. VH HVAC Upgrade	$	1,362,936	33448
C43025	S-Network Infrastructure	$	488,807	33449
C43026	G-HVAC Controls Upgrade	$	357,500	33450
Total Ohio Veterans' Home Agency		$	5,884,190	33451
TOTAL Nursing Home - Federal Fund		$	5,884,190	33452

Section 203.10. The items set forth in this section are	33454
hereby appropriated out of any moneys in the state treasury to the	33455
credit of the Army National Guard Service Contract Fund (Fund	33456
3420) that are not otherwise appropriated.	33457

Appropriations

ADJ ADJUTANT GENERAL	33458

C74519	Energy Conservation - Federal Share	$	107,792	33459
Total Adjutant General		$	107,792	33460
TOTAL Army National Guard Service Contract Fund		$	107,792	33461

Section 205.10. The items set forth in this section are	33463
hereby appropriated out of any moneys in the state treasury to the	33464
credit of the Special Administrative Fund (Fund 4A90) that are	33465
not otherwise appropriated.	33466

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES	33467

C60000	Various Renovations - Local Offices	$	537,869	33468
C60001	145 South Front Renovation	$	6,500,000	33469
Total Department of Job and Family Services		$	7,037,869	33470
TOTAL Special Administrative Fund		$	7,037,869	33471

Section 207.10. The items set forth in this section are	33473
hereby appropriated out of any moneys in the state treasury to the	33474
credit of the State Fire Marshal Fund (Fund 5460) that are not	33475
otherwise appropriated.	33476

Appropriations

COM DEPARTMENT OF COMMERCE	33477

C80002	MARCS Radios	$	50,000	33478
C80010	Security Enhancements	$	200,000	33479
C80011	Gas Line Replacement	$	80,000	33480
C80012	Roof Replacement Main & Training	$	800,000	33481
C80013	ADAMS Data Imaging System	$	35,000	33482
C80014	Mobile Fire Behavior Lab	$	75,000	33483
C80015	Gas Chromatograph/Mass Spec	$	90,000	33484
C80016	Search & Rescue Training Module	$	70,000	33485
C80017	Fiber-optic Installation with AGR	$	200,000	33486
Total Department of Commerce		$	1,600,000	33487
TOTAL State Fire Marshal Fund		$	1,600,000	33488

Section 209.10. The items set forth in this section are	33490
hereby appropriated out of any moneys in the state treasury to the	33491
credit of the Veterans' Home Improvement Fund (Fund 6040) that are	33492
not otherwise appropriated.	33493

Appropriations

OVH OHIO VETERANS' HOME AGENCY	33494

C43027	G-Life Safety & Security	$	167,300	33495
C43028	G-Critical Power & Grounds	$	274,750	33496
C43029	S-S/G Tub Room & Nurse Call	$	999,768	33497
C43030	S-G Renovate Giffin First Floor	$	225,085	33498
C43031	S-S/G Floor Replacement	$	311,915	33499
C43032	S-S. VH HVAC Upgrade	$	733,889	33500
C43033	S-Network Infrastructure	$	263,204	33501
C43034	G-HVAC Controls Upgrade	$	192,500	33502
C43035	S-Replace Wanderguard System	$	261,000	33503
Total Ohio Veterans' Home Agency		$	3,429,411	33504
TOTAL Veterans' Home Improvement Fund		$	3,429,411	33505

Section 211.10. The items set forth in this section are	33507
hereby appropriated out of any moneys in the state treasury to the	33508
credit of the Highway Safety Fund (Fund 7036) that are not	33509
otherwise appropriated.	33510

Appropriations

DPS DEPARTMENT OF PUBLIC SAFETY	33511

C76021	Academy Maintenance and Repair	$	1,696,345	33512
Total Department of Public Safety		$	1,696,345	33513
TOTAL Highway Safety Fund		$	1,696,345	33514

Section 213.10. The items set forth in this section are	33516
hereby appropriated out of any moneys in the state treasury to the	33517
credit of the State Capital Improvements Revolving Loan Fund (Fund	33518
7040). Revenues to the State Capital Improvements Revolving Loan	33519
Fund shall consist of all repayments of loans made to local	33520
subdivisions for capital improvements, investment earnings on	33521
moneys in the fund, and moneys obtained from federal or private	33522
grants or from other sources for the purpose of making loans for	33523
the purpose of financing or assisting in the financing of the cost	33524
of capital improvement projects of local subdivisions.	33525

Appropriations

PWC PUBLIC WORKS COMMISSION	33526

C15030	Revolving Loan	$	39,500,000	33527
Total Public Works Commission		$	39,500,000	33528
TOTAL State Capital Improvements Revolving Loan Fund		$	39,500,000	33529

The foregoing appropriation item C15030, Revolving Loan,	33530
shall be used in accordance with sections 164.01 to 164.12 of the	33531
Revised Code.	33532

If the Public Works Commission receives refunds due to	33533
project overpayments that are discovered during a post-project	33534
audit, the Director of the Public Works Commission may certify to	33535
the Director of Budget and Management that refunds have been	33536
received. In certifying the refunds, the Director of the Public	33537
Works Commission shall provide the Director of Budget and	33538
Management information on the project refunds. The certification	33539
shall detail by project the source and amount of project	33540
overpayments received and include any supporting documentation	33541
required or requested by the Director of Budget and Management.	33542
Upon receipt of the certification, the Director of Budget and	33543
Management shall determine if the project refunds are necessary to	33544
support existing appropriations. If the project refunds are	33545
available to support additional appropriations, these amounts are	33546
hereby appropriated to appropriation item C15030, Revolving Loan.	33547

Section 215.10. The items set forth in this section are	33548
hereby appropriated out of any moneys in the state treasury to the	33549
credit of the Waterways Safety Fund (Fund 7086) that are not	33550
otherwise appropriated.	33551

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	33552

C725A7	Cooperative Grant Funding for Boating Facilities	$	9,300,000	33553
C725N9	Operations Facilities Development - Sandusky Watercraft Office Construction	$	2,350,000	33554
Total Department of Natural Resources		$	11,650,000	33555
TOTAL Waterways Safety Fund		$	11,650,000	33556

Section 217.10. The items set forth in this section are	33558
hereby appropriated out of any moneys in the state treasury to the	33559
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are	33560
not otherwise appropriated:	33561

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	33562

C19500	Clean Ohio Revitalization	$	32,000,000	33563
C19501	Clean Ohio Assistance	$	8,000,000	33564
Total Department of Development		$	40,000,000	33565
TOTAL Clean Ohio Assistance Fund		$	40,000,000	33566

Section 217.11. CLEAN OHIO REVITALIZATION

33568

The Treasurer of State is hereby authorized to issue and	33569
sell, in accordance with Section 2o of Article VIII, Ohio	33570
Constitution, and pursuant to sections 151.01 and 151.40 of the	33571
Revised Code, original obligations in an aggregate principal	33572
amount not to exceed $40,000,000 in addition to the original	33573
issuance of obligations heretofore authorized by prior acts of the	33574
General Assembly. These authorized obligations shall be issued	33575
and sold from time to time, subject to applicable constitutional	33576
and statutory limitations, as needed to ensure sufficient moneys	33577
to the credit of the Clean Ohio Revitalization Fund (Fund 7003) to	33578
pay costs of revitalization projects.	33579

Section 219.10. The items set forth in this section are	33580
hereby appropriated out of any moneys in the state treasury to the	33581
credit of the Job Ready Site Development Fund (Fund 7012) that	33582
are not otherwise appropriated:	33583

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	33584

C19502	Job Ready Sites	$	30,000,000	33585
Total Department of Development		$	30,000,000	33586
TOTAL Job Ready Site Development Fund		$	30,000,000	33587

Section 219.11. JOB READY SITE DEVELOPMENT

33589

The Ohio Public Facilities Commission, upon request of the	33590
Department of Development, is hereby authorized to issue and sell,	33591
in accordance with Section 2p of Article VIII, Ohio Constitution,	33592
and pursuant to sections 151.01 and 151.11 of the Revised Code,	33593
original obligations of the State of Ohio in an aggregate amount	33594
not to exceed $30,000,000 in addition to the original issuance of	33595
obligations heretofore authorized by prior acts of the General	33596
Assembly. These authorized obligations shall be issued and sold	33597
from time to time, subject to applicable constitutional and	33598
statutory limitations, as needed to ensure sufficient moneys to	33599
the credit of the Job Ready Site Development Fund (Fund 7012) to	33600
pay costs of sites and facilities.	33601

Section 221.10. The items set forth in the sections of this	33602
act prefixed with the section number "221" are hereby appropriated	33603
out of any moneys in the state treasury to the credit of the	33604
Administrative Building Fund (Fund 7026) that are not otherwise	33605
appropriated.	33606

Appropriations

Section 221.10.10. ADJ ADJUTANT GENERAL

33607

C74502	Roof Replacement - Various Facilities	$	583,874	33608
C74503	Electrical Systems - Various Facilities	$	348,079	33609
C74504	Camp Perry Facility/Infrastructure Improvements	$	500,000	33610
C74505	Replace Windows and Doors - Various Facilities	$	341,342	33611
C74506	Plumbing Renovations - Various Facilities	$	523,241	33612
C74507	Paving Renovations - Various Facilities	$	527,733	33613
C74508	HVAC Systems - Various Facilities	$	1,387,939	33614
C74510	Masonary Renovations - Various Facilities	$	180,000	33615
C74526	Energy Conservation - Various Facilities	$	107,792	33616
C74527	Mansfield Lahm Air National Guard Facility	$	200,000	33617
C74528	Camp Perry Improvements	$	1,000,000	33618
C74531	Rickenbacker Radar Project	$	1,125,000	33619
Total Adjutant General		$	6,825,000	33620

Appropriations

Section 221.10.20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

33622

C10010	Surface Road Building Renovations	$	400,000	33623
C10013	Energy Conservation Projects	$	2,100,000	33624
C10015	SOCC Renovations	$	5,000,000	33625
C10020	North High Street Complex Renovations	$	12,500,000	33626
C10030	Broadband Ohio	$	5,000,000	33627
C10031	Operations Facilities Improvements	$	2,800,000	33628
C10032	Columbus Downtown Development - Sky Bridge Project	$	2,500,000	33629
Total Department of Administrative Services		$	30,300,000	33630

Appropriations

Section 221.10.30. AGR DEPARTMENT OF AGRICULTURE

33632

C70007	Building and Grounds Renovation	$	650,000	33633
C70014	Grounds Security and Emergency Power	$	200,000	33634
C70015	Fiber Installation for Infrastructure ODA/SFM	$	200,000	33635
C70016	ODA/SFM Shared Driveway/Entrance	$	50,000	33636
C70017	Raze Building #2	$	265,000	33637
Total Department of Agriculture		$	1,365,000	33638

Appropriations

Section 221.10.40. CSR CAPITOL SQUARE REVIEW AND ADVISORY	33640
BOARD	33641

C87406	Grounds Improvement	$	221,000	33642
C87407	Sound and Lighting Systems	$	145,000	33643
C87408	HVAC Improvement	$	628,381	33644
C87412	Security and Safety Upgrades	$	337,000	33645
C87413	Education Center	$	540,367	33646
C87414	CSRAB Warehouse	$	450,000	33647
C87415	Interior Repairs and Replacements	$	186,000	33648
Total Capitol Square Review and Advisory Board		$	2,507,748	33649

Appropriations

Section 221.10.50. EXP EXPOSITIONS COMMISSION

33651

C72300	Electric Upgrade	$	2,100,000	33652
C72303	Building Renovations and Repairs	$	11,900,000	33653
C72312	Emergency Renovations and Equipment Replacement	$	1,000,000	33654
C72315	North Parking Lot Improvements and Paving	$	5,000,000	33655
Total Expositions Commission		$	20,000,000	33656

Appropriations

Section 221.10.60. LIB STATE LIBRARY BOARD

33658

C35001		OPLIN Router Replacement Project		$	200,000		33659
Total State Library Board				$	200,000		33660

Appropriations

Section 221.10.70. DNR DEPARTMENT OF NATURAL RESOURCES

33662

C725D5	Fountain Square Building and Telephone System Improvements	$	1,000,000	33663
C725D7	MARCS	$	425,000	33664
C725E0	DNR Fairgrounds Area - General Upgrading - Fairgrounds Site Improvements	$	500,000	33665
C725N7	Operations Facilities Development	$	300,000	33666
Total Department of Natural Resources		$	2,225,000	33667

Appropriations

Section 221.10.80. DPS DEPARTMENT OF PUBLIC SAFETY

33669

C76017	Replacement Mission Critical Building System	$	725,250	33670
C76022	American Red Cross Facility - Cincinnati	$	1,000,000	33671
C76023	Red Cross Muskingum Lakes Chapter	$	500,000	33672
C76024	American Red Cross Facility - Tuscarawas	$	250,000	33673
C76025	Family Services of Cincinnati	$	50,000	33674
C76026	Tallmadge Shooting Range	$	500,000	33675
C76027	Southeast Ohio Emergency Responder Facility	$	25,000	33676
Total Department of Public Safety		$	3,050,250	33677

Appropriations

Section 221.10.90. OSB SCHOOL FOR THE BLIND

33679

C22618	Front Entry Renovations	$	112,500	33680
C22619	Public Address System Replacement	$	77,000	33681
C22620	School HVAC Renovation	$	215,000	33682
C22621	Renovations to Cottage C1	$	125,000	33683
C22622	Track Shelter	$	45,000	33684
Total School for the Blind		$	574,500	33685

Appropriations

Section 221.20.10. OSD SCHOOL FOR THE DEAF

33687

C22108	High School Window Replacement	$	123,000	33688
C22109	High School HVAC	$	117,500	33689
C22110	Gymnasium Floor & Lighting	$	237,000	33690
C22111	Staff Building Windows and Repairs	$	97,000	33691
C22112	Alumni Park Preservation	$	62,500	33692
Total School for the Deaf		$	637,000	33693

Appropriations

Section 221.20.20. DOT DEPARTMENT OF TRANSPORTATION

33694

C77701	Chillicothe Transit Facility - District 9	$	550,000	33695
Total Department of Transportation		$	550,000	33696
TOTAL Administrative Building Fund		$	68,234,498	33697

Section 221.20.30. The Ohio Building Authority is hereby	33699
authorized to issue and sell, in accordance with Section 2i of	33700
Article VIII, Ohio Constitution, and Chapter 152. and other	33701
applicable sections of the Revised Code, original obligations in	33702
an aggregate principal amount not to exceed $48,000,000 in	33703
addition to the original issuance of obligations heretofore	33704
authorized by prior acts of the General Assembly. These authorized	33705
obligations shall be issued, subject to applicable constitutional	33706
and statutory limitations, to pay costs associated with previously	33707
authorized capital facilities and the capital facilities referred	33708
to in Sections 221.10.10 to 221.20.10 of this act.	33709

Section 222.10. DEBT SERVICE PAYMENTS TO THE OHIO BUILDING	33710
AUTHORITY	33711

If the Capitol Square Review and Adivsory Board purchases a	33712
warehouse under section 105.41 of the Revised Code, the Ohio	33713
Building Authority shall bill the Board, either annually or	33714
semiannually, an amount equal to the debt service charges	33715
relating to $450,000 in additional appropriation authority for	33716
the purchase and improvement of the warehouse in which to store	33717
items of the Capitol Collection Trust and, whenever necessary,	33718
equipment or other property of the Board. The total amount	33719
billed each fiscal year shall not exceed $50,000. The Capitol	33720
Square Review and Advisory Board shall pay such billed amounts	33721
from state underground parking garage fees, receipts, and	33722
revenues.	33723

Section 223.10. The items set forth in this section are	33724
hereby appropriated out of any moneys in the state treasury to the	33725
credit of the Adult Correctional Building Fund (Fund 7027) that	33726
are not otherwise appropriated.	33727

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION	33728

STATEWIDE AND CENTRAL OFFICE PROJECTS	33729

C50101	Community Based Correctional Facilities	$	1,600,000	33730
C50103	Asbestos Abatement - SW	$	1,000,000	33731
C50104	Power House/Utility Improvements - SW	$	1,400,000	33732
C50105	Water System/Plant Improvements - SW	$	6,000,000	33733
C50110	Security Improvements - SW	$	10,434,897	33734
C50136	General Building Renovations - SW	$	42,665,103	33735
C50175	Mandown Alert Communication - SW	$	4,800,000	33736
C501B3	Electrical System Upgrade - SW	$	4,100,000	33737
Total Statewide and Central Office Projects		$	72,000,000	33738
TOTAL Department of Rehabilitation and Correction		$	72,000,000	33739
TOTAL Adult Correctional Building Fund		$	72,000,000	33740

Section 223.11. The Ohio Building Authority is hereby	33742
authorized to issue and sell, in accordance with Section 2i of	33743
Article VIII, Ohio Constitution, and Chapter 152. and section	33744
307.021 of the Revised Code, original obligations in an aggregate	33745
principal amount not to exceed $62,000,000 in addition to the	33746
original issuance of obligations heretofore authorized by prior	33747
acts of the General Assembly. These authorized obligations shall	33748
be issued, subject to applicable constitutional and statutory	33749
limitations, to pay costs associated with previously authorized	33750
capital facilities and the capital facilities referred to in	33751
Section 223.10 of this act for the Department of Rehabilitation	33752
and Correction.	33753

Section 225.10. The items set forth in this section are	33754
hereby appropriated out of any moneys in the state treasury to the	33755
credit of the Juvenile Correctional Building Fund (Fund 7028)	33756
that are not otherwise appropriated.	33757

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES	33758

C47001	Fire Suppression, Safety and Security	$	4,036,125	33759
C47002	General Institutional Renovations	$	4,424,725	33760
C47003	CCF Renovations/Maintenance	$	2,000,000	33761
C47007	Juvenile Detention Centers	$	4,980,000	33762
C47016	Shower Renovation - SJCF	$	1,642,000	33763
C47017	Roof Replacement - SJCF	$	1,508,650	33764
C47018	Educational Annex - CHJCF	$	1,408,500	33765
C47019	Lawrence County Youth Facility Relocation	$	500,000	33766
Total Department of Youth Services		$	20,500,000	33767
TOTAL Juvenile Correctional Building Fund		$	20,500,000	33768

Section 225.11. The Ohio Building Authority is hereby	33770
authorized to issue and sell, in accordance with Section 2i of	33771
Article VIII, Ohio Constitution, and Chapter 152. and other	33772
applicable sections of the Revised Code, original obligations in	33773
an aggregate principal amount not to exceed $19,000,000 in	33774
addition to the original issuance of obligations heretofore	33775
authorized by prior acts of the General Assembly. These authorized	33776
obligations shall be issued, subject to applicable constitutional	33777
and statutory limitations, to pay the costs associated with	33778
previously authorized capital facilities and the capital	33779
facilities referred to in Section 225.10 of this act for the	33780
Department of Youth Services.	33781

Section 227.10. The items set forth in this section are	33782
hereby appropriated out of any moneys in the state treasury to the	33783
credit of the Cultural and Sports Facilities Building Fund (Fund	33784
7030) that are not otherwise appropriated.	33785

Appropriations

AFC CULTURAL FACILITIES COMMISSION	33786

C37118	Statewide Site Repairs	$	650,000	33787
C37120	Cincinnati Museum Center	$	2,500,000	33788
C37122	Akron Art Museum	$	700,000	33789
C37123	Youngstown Symphony Orchestra	$	675,000	33790
C37127	Cedar Bog	$	50,000	33791
C37139	Stan Hywet Hall & Gardens	$	1,050,000	33792
C37140	McKinley Museum Improvements	$	200,000	33793
C37142	Midland Theatre Improvements	$	300,000	33794
C37148	Hayes Presidential Center	$	150,000	33795
C37152	Zoar Village Building Restoration	$	90,000	33796
C37153	Basic Renovations and Emergency Repairs	$	850,000	33797
C37158	Rankin House Restoration and Development	$	242,000	33798
C37163	Harding Home and Tomb	$	340,000	33799
C37165	Ohio Historical Center Rehabilitation	$	514,000	33800
C37187	Renaissance Theatre	$	900,000	33801
C37188	Trumpet in the Land Facility	$	150,000	33802
C371A3	Voice of America Museum Facility	$	500,000	33803
C371A9	Western Reserve Historical Society	$	300,000	33804
C371C7	Music Hall Facility	$	1,100,000	33805
C371E5	Pro Football Hall of Fame	$	500,000	33806
C371F6	Colony Theater	$	250,000	33807
C371G4	Collections Storage Facility and Learning Center	$	1,240,000	33808
C371G6	Lockington Locks Stabilization	$	462,000	33809
C371H2	National Underground Railroad Freedom Center	$	850,000	33810
C371H5	Heritage Center of Dayton Manufacturing & Entrepreneurship	$	1,000,000	33811
C371H7	COSI - Columbus	$	500,000	33812
C371H8	Columbus Museum of Art	$	1,500,000	33813
C371J3	Davis-Shai Historical Facility	$	725,000	33814
C371J4	Massillon Museum Improvements	$	150,000	33815
C371J6	Peggy McConnell Arts Center - Worthington	$	475,000	33816
C371J9	Stambaugh Auditorium	$	675,000	33817
C371K3	Cincinnati Ballet	$	250,000	33818
C371L3	Ukrainian Museum	$	50,000	33819
C371L4	Gordon Square Arts District	$	1,800,000	33820
C371M8	Hale Farm and Village	$	200,000	33821
C371O9	Historic Site-Signage - Phase II	$	50,000	33822
C371P4	Cleveland Playhouse	$	150,000	33823
C371P9	Civil War Site Improvements	$	475,000	33824
C371Q0	On-Line Portal to Ohio's Heritage	$	427,000	33825
C371Q1	Lucas County Multi-purpose Sports Arena	$	2,200,000	33826
C371Q2	Ballpark Village project	$	2,000,000	33827
C371Q5	Cincinnati Zoo	$	1,500,000	33828
C371Q6	Cincinnati Art Museum	$	1,500,000	33829
C371R0	King Arts Complex	$	861,000	33830
C371R3	Loudonville Opera House	$	600,000	33831
C371R4	Eagles Palace Theater	$	410,000	33832
C371R6	Historic McCook House	$	500,000	33833
C371R7	Jeffrey Mansion in Bexley	$	475,000	33834
C371R8	Columbus Zoo and Aquarium	$	500,000	33835
C371S0	Towpath Trail	$	500,000	33836
C371S1	Museum of Contemporary Art Cleveland	$	450,000	33837
C371S2	Arts in Stark Cultural Center	$	150,000	33838
C371S3	Ohio Genealogical Society	$	350,000	33839
C371S5	The Fine Arts Association	$	300,000	33840
C371S7	Maltz Museum of Jewish Heritage	$	300,000	33841
C371S8	Allen County Historical Society Museum Renovation	$	280,000	33842
C371S9	Portsmouth Mural	$	250,000	33843
C371T0	Mt. Vernon - Nazarene University Arts Center	$	300,000	33844
C371T2	Bucyrus Little Theater Restoration Project	$	250,000	33845
C371T3	Boonshoft Museum of Discovery	$	250,000	33846
C371T5	Cliffton Cultural Arts Center	$	250,000	33847
C371T6	Baltimore Theatre	$	50,000	33848
C371T7	Rock Mill Park Improvements	$	150,000	33849
C371T9	Cozad-Bates House Historic Project	$	100,000	33850
C371U3	Lake Erie Nature & Science Center	$	200,000	33851
C371U4	Great Lakes Science Center	$	300,000	33852
C371U5	Cleveland Zoological Society	$	150,000	33853
C371U8	Kidron Historical Society - Sonnenberg Village project	$	200,000	33854
C371V0	Chesterhill Union Hall Theatre	$	25,000	33855
C371V1	Geauga County Historical Society - Maple Museum	$	20,000	33856
C371V2	Hallsville Historical Society	$	100,000	33857
C371V3	Fayette County Historical Society	$	150,000	33858
C371V4	Covedale Theatre	$	100,000	33859
C371V5	Mariemont City - Women's Cultural Arts Center	$	220,000	33860
C371V6	Madeira Historical Society/Miller House	$	60,000	33861
C371V7	Sylvania Historic Village restoration	$	200,000	33862
C371V9	Henry County Historical Society museum	$	59,000	33863
C371W0	Antwerp Railroad Depot historic building	$	106,000	33864
C371W1	Village of Edinburg Veterans Memorial	$	35,000	33865
C371W2	Lorain County Historical Society Horace Starr House	$	200,000	33866
C371W3	North Ridgeville Historic Community Theater	$	175,000	33867
C371W4	Redbrick Center for the Arts	$	200,000	33868
C371W5	Irene Lawrence Fuller Historic House	$	250,000	33869
C371W6	Preble County Historical Society Amphitheater	$	250,000	33870
C371W7	BalletTech	$	200,000	33871
C371W8	Cincinnati Museum Center - Eulett Center	$	150,000	33872
C371W9	Rickenbacker Boyhood Home	$	139,000	33873
C371X0	Rivers Edge Amphitheater project	$	100,000	33874
C371X1	Variety Theater	$	85,000	33875
C371X2	Morgan Township Historical Society	$	80,000	33876
C371X3	Salem Community Theater	$	53,000	33877
C371X4	Our House State Memorial	$	50,000	33878
C371X5	Belle's Opera House Improvements	$	50,000	33879
C371X6	Warren Veterans memorial	$	50,000	33880
C371X7	Huntington Playhouse	$	40,000	33881
C371X8	Cambridge Performing Arts Center	$	37,500	33882
C371X9	Old Harvey Historic School Restoration	$	25,000	33883
C371Y0	Dalton Community Historical Society	$	10,000	33884
C371Y1	Mohawk Veterans' Memorial	$	15,000	33885
C371Y2	Cleveland Museum of Natural History	$	150,000	33886
C371Y3	Fire Museum	$	83,334	33887
C371Y4	New Town Indian Artifact Museum	$	300,000	33888
C371Y5	City of Perrysburg Fort Meigs	$	200,000	33889
C371Y6	Historic League Park Restoration	$	150,000	33890
C371Y8	Madisonville Arts Center of Hamilton County	$	36,000	33891
C371Z0	Marietta Citizens Armory Cultural Center	$	200,000	33892
C371Z1	Great Lakes Historical Museum	$	200,000	33893
C371Z3	Port of Lorain Foundation - Lorain Lighthouse Restoration	$	190,000	33894
Total Cultural Facilities Commission		$	43,059,834	33895
TOTAL Cultural and Sports Facilities Building Fund		$	43,059,834	33896

Of the foregoing appropriation item C371Q5, Cincinnati Zoo,	33897
$750,000 shall be used for the Cat Canyon/Small Cat Reproduction	33898
Center project.	33899

Section 227.11. The Treasurer of State is hereby authorized	33900
to issue and sell, in accordance with Section 2i of Article VIII,	33901
Ohio Constitution, and Chapter 154. and other applicable sections	33902
of the Revised Code, original obligations in an aggregate	33903
principal amount not to exceed $42,000,000 in addition to the	33904
original issuance of obligations heretofore authorized by prior	33905
acts of the General Assembly. These authorized obligations shall	33906
be issued, subject to applicable constitutional and statutory	33907
limitations, to pay costs of capital facilities as defined in	33908
section 154.01 of the Revised Code, including construction as	33909
defined in division (H) of section 3383.01 of the Revised Code, of	33910
the Ohio cultural facilities designated in Section 227.10 of this	33911
act.	33912

Section 229.10. The items set forth in this section are	33913
hereby appropriated out of any moneys in the state treasury to the	33914
credit of the Ohio Parks and Natural Resources Fund (Fund 7031)	33915
that are not otherwise appropriated.	33916

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	33917

STATEWIDE AND LOCAL PROJECTS	33918

C72512	Land Acquisition - Department	$	2,600,000	33919
C72549	Operations Facilities Development	$	1,500,000	33920
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	750,000	33921
C725C0	Cap Abandoned Water Wells	$	50,000	33922
C725E1	NatureWorks Local Park Grants	$	3,800,000	33923
C725E5	Project Planning	$	1,100,000	33924
C725J0	Natural Areas and Preserves Maintenance Facility Development - Springville Marsh Carbon Rod Removal	$	200,000	33925
C725M0	Dam Rehabilitation - Department	$	10,000,000	33926
C725N1	Handicapped Accessibility - Department	$	250,000	33927
C725N5	Wastewater/Water Systems Upgrade - Department	$	3,000,000	33928
C725O1	The Wilds	$	1,000,000	33929
C725P9	Boundary Protection	$	150,000	33930
C725R6	Blanchard River Flood Mitigation Efforts	$	3,000,000	33931
C725R7	Lake Alma Restroom and Shower Upgrades	$	750,000	33932
C725R8	Indian Lake Dredging	$	200,000	33933
C725R9	Wabash Watershed - Grand Lake St. Marys Dredging	$	150,000	33934
C725S0	Historic Pittsburgh Marion & Chicago Train Station Bike Trail	$	145,000	33935
C725S1	Addyston Boat Ramp	$	100,000	33936
C725S2	Sylvania Retaining Wall Project	$	200,000	33937
Total Statewide and Local Projects		$	29,245,000	33938
Total Department of Natural Resources		$	28,945,000	33939
TOTAL Ohio Parks and Natural Resources Fund		$	28,945,000	33940

Of the foregoing appropriation item C72512, Land Acquisition	33941
- Department, $2,100,000 shall be used for the acquisition of the	33942
Vinton Furnace Experimental Forest.	33943

The foregoing appropriation item C725R6, Blanchard River	33944
Flood Mitigation Efforts, shall be used in conjunction with the	33945
U.S. Army Corps of Engineers plan to address continuing flooding	33946
of the Blanchard River in Putnam, Hancock, Hardin, Wyandot, Allen,	33947
and Seneca Counties as part of the nonfederal share.	33948

Section 229.11. The Ohio Public Facilities Commission, upon	33949
the request of the Director of Natural Resources, is hereby	33950
authorized to issue and sell, in accordance with Section 2l of	33951
Article VIII, Ohio Constitution, and Chapter 151. and particularly	33952
sections 151.01 and 151.05 of the Revised Code, original	33953
obligations in an aggregate principal amount not to exceed	33954
$28,000,000 in addition to the original issuance of obligations	33955
heretofore authorized by prior acts of the General Assembly. These	33956
authorized obligations shall be issued, subject to applicable	33957
constitutional and statutory limitations, as needed to provide	33958
sufficient moneys to the credit of the Ohio Parks and Natural	33959
Resources Fund (Fund 7031) to pay costs of capital facilities as	33960
defined in sections 151.01 and 151.05 of the Revised Code.	33961

Section 231.10. The items set forth in the sections of this	33962
act prefixed with the number "231" are hereby appropriated out of	33963
any moneys in the state treasury to the credit of the Mental	33964
Health Facilities Improvement Fund (Fund 7033) that are not	33965
otherwise appropriated.	33966

Appropriations

Section 231.10.10. ADA DEPARTMENT OF ALCOHOL AND DRUG	33967
ADDICTION SERVICES	33968

C03804	Rehab Center of North Central Ohio	$	300,000	33969
C03805	Prevention and Recovery Board - Jefferson County	$	300,000	33970
C03806	Lorain County Alcohol and Drug Abuse Services	$	250,000	33971
C03807	First Step Home	$	200,000	33972
C03808	Glenbeigh Extended Residential Care	$	500,000	33973
Total Department of Alcohol and Drug Addiction Services		$	1,550,000	33974

Appropriations

Section 231.10.20. DMH DEPARTMENT OF MENTAL HEALTH

33976

C58000	Hazardous Material Abatement	$	500,000	33977
C58001	Community Assistance Projects	$	9,160,000	33978
C58006	Patient Care Environment Improvement	$	3,700,000	33979
C58007	Infrastructure Improvements	$	4,600,000	33980
C58010	Campus Consolidation	$	83,700,000	33981
C58017	Bellefaire Jewish Children's Bureau	$	400,000	33982
C58018	Safety and Security Improvements	$	1,460,000	33983
C58019	Energy Conservation Projects	$	750,000	33984
C58020	Mandel Jewish Community Center	$	210,000	33985
C58021	Providence House	$	200,000	33986
Total Department of Mental Health		$	104,680,000	33987

COMMUNITY ASSISTANCE PROJECTS

33988

Of the foregoing appropriation item C58001, Community	33989
Assistance Projects, $260,000 shall be used for the Christian	33990
Children's Home, $200,000 shall be used for the Michael's House	33991
Child Advocacy Center, $100,000 shall be used for the Children's	33992
Home of Cincinnati, $100,000 shall be used for the Achievement	33993
Centers for Children, $100,000 shall be used for the Shaw JCC,	33994
$100,000 shall be used for Someplace Safe, $300,000 shall be used	33995
for the Berea Children's Home, and $6,300,000 shall be used for	33996
the development of a crisis care center in the area previously	33997
serviced by the Dayton Campus of Twin Valley Behavioral Health	33998
Organization.	33999

Appropriations

Section 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	34000
DEVELOPMENTAL DISABILITIES	34001

STATEWIDE AND CENTRAL OFFICE PROJECTS	34002

C59004	Community Assistance Projects	$	13,301,537	34003
C59022	Razing of Buildings	$	200,000	34004
C59024	Telecommunications	$	400,000	34005
C59029	Generator Replacement	$	1,000,000	34006
C59034	Statewide Developmental Centers	$	4,294,237	34007
C59050	Emergency Improvements	$	500,000	34008
C59051	Energy Conservation	$	500,000	34009
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	34010
C59053	Magnolia Clubhouse	$	250,000	34011
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	34012
C59055	Camp McKinley Improvements	$	30,000	34013
C59056	The Hope Learning Center	$	250,000	34014
C59057	North Olmstead Welcome House	$	150,000	34015
Total Statewide and Central Office Projects		$	21,300,774	34016
TOTAL Department of Mental Retardation and Developmental Disabilities		$	21,300,774	34017
TOTAL Mental Health Facilities Improvement Fund		$	127,330,774	34018

COMMUNITY ASSISTANCE PROJECTS

34019

The foregoing appropriation item C59004, Community Assistance	34020
Projects, may be used to provide community assistance funds for	34021
the development, purchase, construction, or renovation of	34022
facilities for day programs or residential programs that provide	34023
services to persons eligible for services from the Department of	34024
Mental Retardation and Developmental Disabilities or county boards	34025
of mental retardation and developmental disabilities. Any funds	34026
provided to nonprofit agencies for the construction or renovation	34027
of facilities for persons eligible for services from the	34028
Department of Mental Retardation and Developmental Disabilities	34029
and county boards of mental retardation and developmental	34030
disabilities shall be governed by the prevailing wage provisions	34031
in section 176.05 of the Revised Code.	34032

Section 231.30.10. The foregoing appropriations for the	34033
Department of Mental Health, C58001, Community Assistance	34034
Projects, and the Department of Mental Retardation and	34035
Developmental Disabilities, C59004, Community Assistance	34036
Projects, may be used for facilities constructed or to be	34037
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	34038
5126. of the Revised Code or the authority granted by section	34039
154.20 of the Revised Code and the rules issued pursuant to those	34040
chapters and shall be distributed by the Department of Mental	34041
Health and the Department of Mental Retardation and Developmental	34042
Disabilities, all subject to Controlling Board approval.	34043

Section 231.30.20. (A) No capital improvement appropriations	34044
made in Sections 231.10.10 to 231.30.10 of this act shall be	34045
released for planning or for improvement, renovation, or	34046
construction or acquisition of capital facilities if a	34047
governmental agency, as defined in section 154.01 of the Revised	34048
Code, does not own the real property that constitutes the capital	34049
facilities or on which the capital facilities are or will be	34050
located. This restriction does not apply in any of the following	34051
circumstances:	34052

(1) The governmental agency has a long-term (at least fifteen	34053
years) lease of, or other interest (such as an easement) in, the	34054
real property.	34055

(2) In the case of an appropriation for capital facilities	34056
that, because of their unique nature or location, will be owned or	34057
be part of facilities owned by a separate nonprofit organization	34058
and made available to the governmental agency for its use or	34059
operated by the nonprofit organization under contract with the	34060
governmental agency, the nonprofit organization either owns or has	34061
a long-term (at least fifteen years) lease of the real property or	34062
other capital facility to be improved, renovated, constructed, or	34063
acquired and has entered into a joint or cooperative use	34064
agreement, approved by the Department of Mental Health or the	34065
Department of Mental Retardation and Developmental Disabilities,	34066
whichever is applicable, with the governmental agency for that	34067
agency's use of and right to use the capital facilities to be	34068
financed and, if applicable, improved, the value of such use or	34069
right to use being, as determined by the parties, reasonably	34070
related to the amount of the appropriation.	34071

(B) In the case of capital facilities referred to in division	34072
(A)(2) of this section, the joint or cooperative use agreement	34073
shall include, at a minimum, provisions that:	34074

(1) Specify the extent and nature of that joint or	34075
cooperative use, extending for not fewer than fifteen years, with	34076
the value of such use or right to use to be, as determined by the	34077
parties and approved by the approving department, reasonably	34078
related to the amount of the appropriation;	34079

(2) Provide for pro rata reimbursement to the state should	34080
the arrangement for joint or cooperative use by a governmental	34081
agency be terminated;	34082

(3) Provide that procedures to be followed during the capital	34083
improvement process will comply with applicable state statutes	34084
and rules, including the provisions of this act.	34085

Section 231.40.10. The Treasurer of State is hereby	34086
authorized to issue and sell in accordance with Section 2i of	34087
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	34088
Code, particularly section 154.20 of the Revised Code, original	34089
obligations in an aggregate principal amount not to exceed	34090
$128,000,000 in addition to the original issuance of obligations	34091
heretofore authorized by prior acts of the General Assembly. These	34092
authorized obligations shall be issued, subject to applicable	34093
constitutional and statutory limitations, to pay costs of capital	34094
facilities as defined in section 154.01 of the Revised Code for	34095
mental hygiene and retardation.	34096

Section 233.10. The items set forth in the sections of this	34097
act prefixed with the section number "233" are hereby appropriated	34098
out of any moneys in the state treasury to the credit of the	34099
Higher Education Improvement Fund (Fund 7034) that are not	34100
otherwise appropriated.	34101

Appropriations

Section 233.10.10. ETC ETECH OHIO

34102

C37403	OGT Camera and Cabling Replacement	$	725,000	34103
C37404	Digital Conversion	$	525,000	34104
C37405	Digital Conversion for Public Television	$	9,000,000	34105
Total eTech Ohio		$	10,250,000	34106

Appropriations

Section 233.20.10. BOARD OF REGENTS AND STATE INSTITUTIONS OF	34108
HIGHER EDUCATION	34109

BOR BOARD OF REGENTS	34110

C23501	Ohio Supercomputer Center Expansion	$	2,000,000	34111
C23502	Research Facility Action and Investment Funds	$	5,500,000	34112
C23506	Third Frontier Wright Capital	$	100,000,000	34113
C23516	Ohio Library and Information Network	$	9,910,000	34114
C23519	315 Corridor/SciTech	$	500,000	34115
C23524	Supplemental Renovations - Library Depositories	$	5,500,000	34116
C23529	Non-credit Job Training Facilities	$	2,350,000	34117
C23530	Technology Initiatives	$	3,741,000	34118
C23531	Ohio Aerospace Institute	$	200,000	34119
C23532	Dark Fiber/OARnet	$	2,000,000	34120
C23533	Instructional and Data Processing Equipment	$	20,799,000	34121
C23534	Central State Student Activity Center	$	14,000,000	34122
C23535	CWRU Energy Center	$	333,333	34123
Total Board of Regents		$	166,833,333	34124

Section 233.20.20. RESEARCH FACILITY ACTION AND INVESTMENT	34126
FUNDS	34127

The foregoing appropriation item C23502, Research Facility	34128
Action and Investment Funds, shall be used for a program of grants	34129
to be administered by the Board of Regents to provide timely	34130
availability of capital facilities for research programs and	34131
research-oriented instructional programs at or involving	34132
state-supported and state-assisted institutions of higher	34133
education.	34134

Section 233.20.30. THIRD FRONTIER WRIGHT CAPITAL

34135

The foregoing appropriation item C23506, Third Frontier	34136
Wright Capital, shall be used to acquire, renovate, or construct	34137
facilities and purchase equipment for research programs,	34138
technology development, product development, and commercialization	34139
programs at or involving state-supported and state-assisted	34140
institutions of higher education. The funds shall be used to make	34141
grants, which shall be awarded on a competitive basis, and shall	34142
be administered by the Third Frontier Commission. Expenditure of	34143
these funds shall comply with Section 2n of Article VIII, Ohio	34144
Constitution, and sections 151.01 and 151.04 of the Revised Code	34145
and shall be for the period beginning July 1, 2008, and ending	34146
June 30, 2010.	34147

The Third Frontier Commission shall develop guidelines	34148
relative to the application for and selection of projects funded	34149
from appropriation item C23506, Third Frontier Wright Capital.	34150
The Commission may develop the guidelines in consultation with	34151
other interested parties. The Board of Regents and all	34152
state-assisted and state-supported institutions of higher	34153
education shall take all actions necessary to implement grants	34154
awarded by the Third Frontier Commission.	34155

The foregoing appropriation item C23506, Third Frontier	34156
Wright Capital, consists of proceeds of obligations in the Higher	34157
Education Improvement Fund (Fund 7034) that are to be applied to	34158
capital improvements and capital facilities for state-supported	34159
and state-assisted institutions of higher education.	34160

Appropriations

Section 233.30.10. UAK UNIVERSITY OF AKRON

34161

C25000	Basic Renovations	$	5,056,161	34162
C25002	Wayne College Renovations/Expansion	$	258,182	34163
C25033	Polymer Processing Center - Phase II	$	7,363,281	34164
C25038	College of Education	$	5,000,000	34165
C25039	Campus Implementation	$	1,452,047	34166
C25040	Replacement of Gym Floor	$	150,000	34167
C25041	Maintenance Building	$	250,000	34168
C25042	Property Management Projects	$	150,000	34169
C25043	Akron Canton Regional Foodbank	$	200,000	34170
C25044	Hiram College James A. Garfield Institute	$	500,000	34171
Total University of Akron		$	20,379,671	34172

Appropriations

Section 233.30.20. BGU BOWLING GREEN STATE UNIVERSITY

34174

C24000	Basic Renovations	$	4,354,164	34175
C24001	Basic Renovations - Firelands	$	298,536	34176
C24021	Fine Art and Theater Complex	$	6,116,000	34177
C24037	Academic Buildings Rehabilitation	$	6,857,801	34178
C24038	Health Sciences Building	$	934,363	34179
C24039	Wood County Health District Facility	$	1,200,000	34180
C24040	James H. McBride Arboretum at BGSU Firelands	$	378,000	34181
Total Bowling Green University		$	20,138,864	34182

Appropriations

Section 233.30.30. CSU CENTRAL STATE UNIVERSITY

34184

C25500	Basic Renovations	$	1,100,972	34185
C25503	Center for Education & Natural Sciences	$	1,000,000	34186
C25507	Campus Master Plan	$	500,000	34187
C25508	Emery Hall	$	545,746	34188
Total Central State University		$	3,146,718	34189

Appropriations

Section 233.30.40. UCN UNIVERSITY OF CINCINNATI

34190

C26500	Basic Renovations	$	10,720,621	34191
C26501	Basic Renovations - Clermont	$	326,112	34192
C26502	Raymond Walters Renovations	$	501,195	34193
C26530	Medical Science Building Renovation & Expansion	$	26,412,509	34194
C26607	Consolidated Communication Project of Clermont County	$	475,000	34195
C26612	Clermont Renovations	$	751,132	34196
C26613	New Building	$	1,582,233	34197
C26614	Barrett Cancer Center	$	1,500,000	34198
C26615	Beech Acres	$	125,000	34199
C26616	Forest Park Homeland Security Facility	$	50,000	34200
C26617	Health Care Connection - Lincoln Heights	$	150,000	34201
C26618	People Working Cooperatively	$	120,000	34202
C26619	Sharonville Convention Center	$	950,000	34203
C26620	Society for the Prevention of Cruelty to Animals - Facility	$	100,000	34204
C26621	Mayerson Center	$	200,000	34205
Total University of Cincinnati		$	43,963,802	34206

Appropriations

Section 233.30.50. CLS CLEVELAND STATE UNIVERSITY

34208

C26000	Basic Renovations	$	6,431,121	34209
C26035	Cleveland Institute of Art	$	500,000	34210
C26048	Rhodes Tower Renovation	$	4,030,166	34211
C26049	Basic Science Building HVAC and Electrical Upgrade	$	1,125,000	34212
C26050	Law Building Renovation	$	3,500,000	34213
C26051	Cleveland Hearing and Speech Center	$	125,000	34214
C26052	University Hospitals Ireland Cancer Center	$	3,000,000	34215
C26053	Playhouse Square Center	$	350,000	34216
Total Cleveland State University		$	19,061,287	34217

Appropriations

Section 233.30.60. KSU KENT STATE UNIVERSITY

34219

C27000	Basic Renovations	$	5,220,323	34220
C27002	Basic Renovations - East Liverpool	$	177,231	34221
C27004	Basic Renovations - Salem	$	136,423	34222
C27005	Basic Renovations - Stark	$	491,417	34223
C27006	Basic Renovations - Ashtabula	$	281,425	34224
C27007	Basic Renovations - Trumbull	$	463,939	34225
C27008	Basic Renovations - Tuscarawas	$	310,510	34226
C27072	Gym Renovations for Health Sciences, Construction Phase	$	486,469	34227
C27076	Performing Arts Center	$	933,027	34228
C27087	Electrical Infrastructure Improvements	$	1,407,000	34229
C27088	Oscar Ritchie Hall Rehabilitation	$	6,715,000	34230
C27090	Music and Speech Center Renovations/Addition	$	5,781,158	34231
C27093	Science and Nursing Building	$	1,600,286	34232
C27096	Blossom Music Center	$	1,000,000	34233
C270A5	Basic Renovations - Geauga	$	93,152	34234
C270A6	Main Hall Renovations	$	768,084	34235
C270A7	Classroom Building Interior Renovations, Phase 2	$	333,435	34236
C270A8	Classroom Building HVAC and Energy Conservation Improvements	$	259,027	34237
C270A9	Art Building Roof Replacement	$	1,000,000	34238
C270B0	Classroom Building Interior Renovations	$	854,608	34239
C270B1	University Hospitals Geauga Medical Center	$	1,000,000	34240
C270B2	Cleveland Orchestra - Severance Hall	$	750,000	34241
Total Kent State University		$	30,062,514	34242

Appropriations

Section 233.30.70. MUN MIAMI UNIVERSITY

34244

C28500	Basic Renovations	$	5,615,288	34245
C28502	Basic Renovations - Hamilton	$	686,759	34246
C28503	Basic Renovations - Middletown	$	588,815	34247
C28556	Upham Hall North Wing Rehabilitation	$	3,600,000	34248
C28559	Academic/Administrative & General Improvement Projects	$	1,153,217	34249
C28560	Academic/Administrative & General Improvement Projects	$	1,286,226	34250
C28564	Laws Hall Rehabilitation	$	6,250,000	34251
C28565	Hughes Hall "C" Wing (design)	$	700,000	34252
C28566	Western Steam Distribution Project	$	1,500,000	34253
Total Miami University		$	21,380,305	34254

Appropriations

Section 233.30.80. OSU OHIO STATE UNIVERSITY

34256

C31500	Basic Renovations	$	22,999,842	34257
C31598	Main Library Rehabilitation/Expansion	$	8,660,000	34258
C315R4	Founders Hall and Hopewell Hall Renovations	$	1,003,812	34259
C315R7	Stone Lab Classroom Improvements	$	250,000	34260
C315T4	Basic Renovations - Agricultural Technical Institute	$	623,680	34261
C315T5	Basic Renovations - Lima	$	311,913	34262
C315T6	Basic Renovations - Mansfield	$	374,760	34263
C315T7	Basic Renovations - Marion	$	312,878	34264
C315T8	Basic Renovations - Newark	$	361,499	34265
C315T9	Basic Renovations - OARDC	$	2,118,042	34266
C315U0	Horticultural Operations Center	$	6,855,787	34267
C315U1	New Maintenance Facility	$	2,000,000	34268
C315U2	Academic Core - North	$	37,756,725	34269
C315U3	Cunz Hall Renovation	$	6,540,000	34270
C315U4	College of Medicine Renovation/Addition	$	6,000,000	34271
C315U5	Animal & Plant Biology Level 3 Isolate Facility	$	6,220,796	34272
C315U7	Nationwide Children's Hospital Capital Equipment	$	2,500,000	34273
C315U8	OSU African American & African Studies Community Center	$	750,000	34274
C315U9	Flying Horse Pediatric Facility	$	250,000	34275
Total Ohio State University		$	105,889,734	34276

Appropriations

Section 233.30.90. OHU OHIO UNIVERSITY

34278

C30000	Basic Renovations	$	5,043,296	34279
C30004	Basic Renovations - Eastern	$	218,674	34280
C30006	Basic Renovations - Zanesville	$	297,309	34281
C30007	Basic Renovations - Chillicothe	$	266,629	34282
C30008	Basic Renovations - Ironton	$	232,932	34283
C30021	Brasee Hall Library/Gymnasium Renovation	$	801,485	34284
C30048	Clippinger Laboratory Renovation - 2nd & 3rd Floors	$	3,400,000	34285
C30051	Lausche Heating Plant Completion	$	4,410,000	34286
C30053	Parking and Roadway Improvements	$	502,542	34287
C30058	Integrated Learning and Research Facility	$	9,000,000	34288
C30062	Shannon Hall Interior Renovations - Learning Commons	$	609,112	34289
C30064	Stevenson Center Learning Commons	$	500,000	34290
C30069	Elson Hall 2nd Floor Partial Renovation	$	1,129,666	34291
C30073	Land Acquisition	$	170,830	34292
C30074	Basic Renovations - Lancaster	$	306,577	34293
C30075	Infrastructure Improvements	$	1,900,000	34294
C30076	Campus Entry & Grounds Improvements	$	325,000	34295
C30077	Academic Building Laboratory & Classroom Renovation Planning	$	58,491	34296
C30078	OU Southern Proctorville Campus Upgrades	$	50,000	34297
C30079	OU Southern Horse Park	$	325,000	34298
Total Ohio University		$	29,547,543	34299

Appropriations

Section 233.33.10. SSC SHAWNEE STATE UNIVERSITY

34301

C32400	Basic Renovations	$	1,036,884	34302
C32415	Land Acquisition	$	200,000	34303
C32423	Administration Building Renovation	$	1,443,831	34304
Total Shawnee State University		$	2,680,715	34305

Appropriations

Section 233.33.20. UTO UNIVERSITY OF TOLEDO

34307

C34000	Basic Renovations	$	5,800,643	34308
C34033	CBLE - Stranahan Hall Addition	$	4,600,000	34309
C34036	North Engineering Renovation	$	4,750,000	34310
C34038	MCO - Core Research Facility	$	1,800,000	34311
C34040	MCO - Clinical Academic Renovation	$	900,000	34312
C34041	MCO - Resource & Community Learning Center	$	900,000	34313
C34044	Campus Infrastructure Improvements	$	3,750,000	34314
C34045	Building Demolition	$	1,400,000	34315
C34046	MCO - Basic Renovations	$	2,013,792	34316
C34047	Center for Equal Justice	$	1,000,000	34317
C34048	Mercy College Technology and Infomatics Center	$	225,000	34318
Total University of Toledo		$	27,139,435	34319

Appropriations

Section 233.33.30. WSU WRIGHT STATE UNIVERSITY

34321

C27500	Basic Renovations	$	3,759,018	34322
C27501	Basic Renovations - Lake	$	132,481	34323
C27513	Science Laboratory Renovations	$	8,521,508	34324
C27526	Lake Campus Rehabilitation and Addition	$	461,750	34325
C27527	Advanced Technical Intelligence Center (ATIC)	$	2,500,000	34326
C27533	Auditorium/Classroom Upgrades	$	1,084,769	34327
C27534	Student Academic Success Center Renovation	$	250,000	34328
C27535	Air Force Advanced Manufacturing Facility	$	1,500,000	34329
C27536	Nursing Institute Facility	$	500,000	34330
C27537	Calamityville Lab Facilities (WPAFB)	$	3,000,000	34331
Total Wright State University		$	21,709,526	34332

Appropriations

Section 233.33.40. YSU YOUNGSTOWN STATE UNIVERSITY

34334

C34500	Basic Renovations	$	3,473,188	34335
C34518	Building System Upgrades	$	624,834	34336
C34523	Campus Development	$	1,500,000	34337
C34524	Instructional Space Upgrades	$	850,000	34338
C34525	College of Business	$	5,100,000	34339
C34526	Trumbull County Business Incubator	$	500,000	34340
Total Youngstown State University		$	12,048,022	34341

Appropriations

Section 233.33.50. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE	34343
OF MEDICINE	34344

C30500	Basic Renovations	$	637,463	34345
C30517	Building Expansion Sitework	$	1,473,952	34346
Total Northeastern Ohio Universities College of Medicine		$	2,111,415	34347

Appropriations

Section 233.40.10. CTC CINCINNATI STATE COMMUNITY COLLEGE

34349

C36101	Basic Renovations	$	1,255,923	34350
C36107	Classroom Upgrade Project	$	270,000	34351
C36113	Freestore Food Bank	$	100,000	34352
C36114	Lot C Parking Lot	$	250,000	34353
C36115	Ceiling Replacement	$	75,000	34354
C36116	Electrical Surge Protection	$	100,000	34355
C36117	Campus Signage	$	75,000	34356
C36118	Window and Garage Doors	$	175,659	34357
C36119	Window Replacement	$	100,000	34358
C36120	Blue Ash City Conference Center	$	150,000	34359
C36121	Hebrew Union College Archives	$	185,000	34360
Total Cincinnati State Community College		$	2,736,582	34361

Appropriations

Section 233.40.20. CLT CLARK STATE COMMUNITY COLLEGE

34363

C38512	Basic Renovations	$	536,990	34364
C38513	Clark State Arts Center	$	300,000	34365
C38514	Center City Park in Springfield - Phase II	$	1,500,000	34366
Total Clark State Community College		$	2,336,990	34367

Appropriations

Section 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

34369

C38400	Basic Renovations	$	1,691,834	34370
C38411	Columbus Hall Renovation	$	5,470,913	34371
C38412	Painters Apprenticeship Council	$	500,000	34372
C38413	Jewish Community Center NE Initiative	$	575,000	34373
C38414	Somali Community Center	$	100,000	34374
Total Columbus State Community College		$	8,337,747	34375

Appropriations

Section 233.40.40. CCC CUYAHOGA COMMUNITY COLLEGE

34377

C37800	Basic Renovations	$	3,482,709	34378
C37807	Cleveland Museum of Art	$	3,100,000	34379
C37818	Health Care Technology Building, Eastern Campus	$	9,775,889	34380
C37824	Rock and Roll Hall of Fame	$	1,000,000	34381
C37829	College of Podiatric Medicine	$	250,000	34382
C37830	Cuyahoga Community College Auto Lab Improvements	$	100,000	34383
C37831	Visiting Nurse Association	$	150,000	34384
C37832	Western Reserve Hospice Center	$	100,000	34385
Total Cuyahoga Community College		$	17,958,598	34386

Appropriations

Section 233.40.50. ESC EDISON STATE COMMUNITY COLLEGE

34388

C39000		Basic Renovations		$	688,818		34389
Total Edison State Community College				$	688,818		34390

Appropriations

Section 233.40.60. JTC JEFFERSON COMMUNITY COLLEGE

34392

C38600	Basic Renovations	$	269,043	34393
C39608	Second Floor Pugliese Training Center	$	887,025	34394
Total Jefferson Community College		$	1,156,068	34395

Appropriations

Section 233.40.70. LCC LAKELAND COMMUNITY COLLEGE

34397

C37900	Basic Renovations	$	1,132,835	34398
C37912	C Building East End	$	1,896,964	34399
Total Lakeland Community College		$	3,029,799	34400

Appropriations

Section 233.40.80. LOR LORAIN COMMUNITY COLLEGE

34402

C38300	Basic Renovations	$	1,275,420	34403
C38307	CC Rehabilitation - Student Center	$	3,572,633	34404
Total Lorain Community College		$	4,848,053	34405

Appropriations

Section 233.40.90. NTC NORTHWEST STATE COMMUNITY COLLEGE

34407

C38200	Basic Renovations	$	104,798	34408
C38205	Allied Health and Public Service Building	$	1,093,249	34409
C38206	Fulton County Wind Project	$	250,000	34410
Total Northwest State Community College		$	1,448,047	34411

Appropriations

Section 233.43.10. OTC OWENS COMMUNITY COLLEGE

34413

C38800	Basic Renovations	$	1,778,419	34414
C38813	Energy Management Infrastructure	$	2,000,000	34415
C38814	Required and Code Compliance Renovations for Penta Campus	$	2,500,000	34416
C38815	City of Perrysburg & Owens Community College Firing Range	$	200,000	34417
Total Owens Community College		$	6,478,419	34418

Appropriations

Section 233.43.20. RGC RIO GRANDE COMMUNITY COLLEGE

34420

C35600	Basic Renovations	$	495,799	34421
C35606	Louvee Theater Project	$	450,000	34422
Total Rio Grande Community College		$	945,799	34423

Appropriations

Section 233.43.30. SCC SINCLAIR COMMUNITY COLLEGE

34425

C37700	Basic Renovations	$	2,518,446	34426
C37709	National Composite Center	$	750,000	34427
C37710	Greentree Health Science Academy	$	1,000,000	34428
Total Sinclair Community College		$	4,268,446	34429

Appropriations

Section 233.43.40. SOC SOUTHERN STATE COMMUNITY COLLEGE

34431

C32200	Basic Renovations	$	404,599	34432
C32204	Laboratory and Classroom Building	$	100,000	34433
Total Southern State Community College		$	504,599	34434

Appropriations

Section 233.43.50. TTC TERRA STATE COMMUNITY COLLEGE

34436

C36400	Basic Renovations	$	368,589	34437
C36407	Skilled Trades Center	$	3,250,000	34438
C36408	Herbert Perna Center for Physical Health Studies	$	375,000	34439
Total Terra State Community College		$	3,993,589	34440

Appropriations

Section 233.43.60. WTC WASHINGTON STATE COMMUNITY COLLEGE

34442

C35800	Basic Renovations	$	328,895	34443
C35810	Health Science Education Facility	$	250,000	34444
Total Washington State Community College		$	578,895	34445

Appropriations

Section 233.50.10. BTC BELMONT TECHNICAL COLLEGE

34447

C36800		Basic Renovations		$	243,300		34448
Total Belmont Technical College				$	243,300		34449

Appropriations

Section 233.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE

34451

C36900	Basic Renovations	$	306,291	34452
C36905	Founders Hall and Hopewell Hall Renovations	$	879,000	34453
C36907	COTC Expansion in Mt. Vernon	$	700,000	34454
Total Central Ohio Technical College		$	1,885,291	34455

Appropriations

Section 233.50.30. HTC HOCKING TECHNICAL COLLEGE

34457

C36300	Basic Renovations	$	654,837	34458
C36310	McClenaghan Center for Hospitality Training	$	1,400,000	34459
C36312	Energy Institute	$	300,226	34460
C36313	Perry County Community Health Center at Hocking College	$	200,000	34461
C36314	New Lexington Public Safety Training Facility	$	750,000	34462
Total Hocking Technical College		$	3,305,063	34463

Appropriations

Section 233.50.40. LTC JAMES RHODES STATE COLLEGE

34465

C38100	Basic Renovations	$	435,403	34466
C38110	Design Planning for Center of Excellence for Health Sciences	$	919,365	34467
Total James Rhodes State College		$	1,354,768	34468

Appropriations

Section 233.50.50. MTC MARION TECHNICAL COLLEGE

34470

C35900	Basic Renovations	$	139,497	34471
C35905	Technical Education Center Vacated Space Renovations	$	576,136	34472
Total Marion Technical College		$	715,633	34473

Appropriations

Section 233.50.60. MAT ZANE STATE COLLEGE

34475

C36200	Basic Renovations	$	294,447	34476
C36205	Willett-Pratt Training Center Expansion	$	250,000	34477
C36207	College & Health Science Halls ESI Project, Phase II	$	500,000	34478
Total Zane State College		$	1,044,447	34479

Appropriations

Section 233.50.70. NCC NORTH CENTRAL TECHNICAL COLLEGE

34481

C38000	Basic Renovations	$	552,097	34482
C38010	North Central State College Kehoe Center	$	585,000	34483
C38011	North Central State College Fallerius Technology Center	$	150,000	34484
Total North Central Technical College		$	1,287,097	34485

Appropriations

Section 233.50.80. STC STARK TECHNICAL COLLEGE

34487

C38900	Basic Renovations	$	786,333	34488
C38913	Business Technologies Building	$	2,034,537	34489
C38914	Corporate and Community Services Facility	$	500,000	34490
Total Stark Technical College		$	3,320,870	34491
Total Board of Regents and				34492
Institutions of Higher Education		$	598,559,802	34493
TOTAL Higher Education Improvement Fund		$	608,809,802	34494

Section 233.60.10. DEBT SERVICE FORMULA ALLOCATION

34496

Based on the foregoing appropriations from the Higher	34497
Education Improvement Fund (Fund 7034), the following higher	34498
education institutions shall be responsible for the specified	34499
amounts as part of the debt service component of the instructional	34500
subsidy beginning in fiscal year 2010:	34501

INSTITUTION		AMOUNT	34502
University of Akron	$	13,355,046	34503
University of Akron - Wayne	$	627,584	34504
Bowling Green State University	$	12,482,535	34505
Bowling Green State University - Firelands	$	942,492	34506
Central State University	$	2,045,746	34507
University of Cincinnati	$	26,412,509	34508
University of Cincinnati - Clermont	$	751,132	34509
University of Cincinnati - Walters	$	1,582,233	34510
Cleveland State University	$	10,760,269	34511
Kent State University	$	14,903,158	34512
Kent State University - Ashtabula	$	812,835	34513
Kent State University - East Liverpool	$	333,435	34514
Kent State University - Geauga	$	259,027	34515
Kent State University - Salem	$	486,469	34516
Kent State University - Stark	$	1,600,286	34517
Kent State University - Trumbull	$	854,608	34518
Kent State University - Tuscarawas	$	933,027	34519
Miami University	$	13,042,402	34520
Miami University - Hamilton	$	1,324,456	34521
Miami University - Middletown	$	1,405,890	34522
Ohio State University	$	58,956,725	34523
Ohio State University - ATI	$	6,855,787	34524
Ohio State University - Lima	$	2,000,000	34525
Ohio State University - Newark	$	1,030,695	34526
Ohio State University - OARDC	$	6,220,796	34527
Ohio University	$	17,406,578	34528
Ohio University - Eastern	$	609,112	34529
Ohio University - Chillicothe	$	1,002,542	34530
Ohio University - Southern	$	554,321	34531
Ohio University - Lancaster	$	801,485	34532
Ohio University - Zanesville	$	1,129,666	34533
Shawnee State University	$	1,643,831	34534
University of Toledo	$	17,839,425	34535
Wright State University	$	9,856,277	34536
Wright State University - Lake	$	461,750	34537
Youngstown State University	$	8,144,264	34538
Northeastern Ohio Universities College of Medicine	$	1,542,025	34539
Cincinnati State Community College	$	924,024	34540
Columbus State Community College	$	5,470,913	34541
Cuyahoga Community College	$	9,775,889	34542
Edison State Community College	$	373,982	34543
Jefferson Community College	$	874,547	34544
Lakeland Community College	$	2,529,285	34545
Lorain County Community College	$	3,572,633	34546
Northwest State Community College	$	848,720	34547
Owens Community College	$	4,449,028	34548
Terra State Community College	$	3,250,000	34549
Central Ohio Technical College	$	907,644	34550
Hocking Technical College	$	1,700,226	34551
James Rhodes State Technical College	$	919,365	34552
Marion Technical College	$	576,136	34553
Zane State College	$	701,703	34554
North Central Technical College	$	435,000	34555
Stark Technical College	$	1,844,168	34556

Institutions not listed above do not have a debt service	34557
obligation as a result of these appropriations.	34558

Within sixty days after the effective date of this section,	34559
any institution of higher education may notify the Board of	34560
Regents of its intention not to proceed with any project	34561
appropriated in this act. Upon receiving such a notification, the	34562
Board of Regents may release the institution from its debt service	34563
obligation for the specific project.	34564

Section 233.60.20. For all of the foregoing appropriation	34565
items from the Higher Education Improvement Fund (Fund 7034) that	34566
require local funds to be contributed by any state-supported or	34567
state-assisted institution of higher education, the Board of	34568
Regents shall not recommend that any funds be released until the	34569
recipient institution demonstrates to the Board of Regents and the	34570
Office of Budget and Management that the local funds contribution	34571
requirement has been secured or satisfied. The local funds are in	34572
addition to the foregoing appropriations.	34573

Section 233.60.30. The Ohio Public Facilities Commission is	34574
hereby authorized to issue and sell, in accordance with Section 2n	34575
of Article VIII, Ohio Constitution, and Chapter 151. and	34576
particularly sections 151.01 and 151.04 of the Revised Code,	34577
original obligations in an aggregate principal amount not to	34578
exceed $606,000,000, in addition to the original issuance of	34579
obligations heretofore authorized by prior acts of the General	34580
Assembly. These authorized obligations shall be issued, subject to	34581
applicable constitutional and statutory limitations, to pay costs	34582
of capital facilities as defined in sections 151.01 and 151.04 of	34583
the Revised Code for state-supported and state-assisted	34584
institutions of higher education.	34585

Section 233.60.40. None of the foregoing capital	34586
improvements appropriations for state-supported or state-assisted	34587
institutions of higher education shall be expended until the	34588
particular appropriation has been recommended for release by the	34589
Board of Regents and released by the Director of Budget and	34590
Management or the Controlling Board. Either the institution	34591
concerned, or the Board of Regents with the concurrence of the	34592
institution concerned, may initiate the request to the Director	34593
of Budget and Management or the Controlling Board for the release	34594
of the particular appropriations.	34595

Section 233.60.50. (A) No capital improvement appropriations	34596
made in sections of this act prefixed with the section number	34597
"233" shall be released for planning or for improvement,	34598
renovation, construction, or acquisition of capital facilities if	34599
the institution of higher education or the state does not own the	34600
real property on which the capital facilities are or will be	34601
located. This restriction does not apply in any of the following	34602
circumstances:	34603

(1) The institution has a long-term (at least fifteen years)	34604
lease of, or other interest (such as an easement) in, the real	34605
property.	34606

(2) The Board of Regents certifies to the Controlling Board	34607
that undue delay will occur if planning does not proceed while the	34608
property or property interest acquisition process continues. In	34609
this case, funds may be released upon approval of the Controlling	34610
Board to pay for planning through the development of schematic	34611
drawings only.	34612

(3) In the case of an appropriation for capital facilities	34613
that, because of their unique nature or location, will be owned or	34614
will be part of facilities owned by a separate nonprofit	34615
organization or public body and will be made available to the	34616
institution of higher education for its use, the nonprofit	34617
organization or public body either owns or has a long-term (at	34618
least fifteen years) lease of the real property or other capital	34619
facility to be improved, renovated, constructed, or acquired and	34620
has entered into a joint or cooperative use agreement with the	34621
institution of higher education that meets the requirements of	34622
division (C) of this section.	34623

(B) Any foregoing appropriations that require cooperation	34624
between a technical college and a branch campus of a university	34625
may be released by the Controlling Board upon recommendation by	34626
the Board of Regents that the facilities proposed by the	34627
institutions are:	34628

(1) The result of a joint planning effort by the university	34629
and the technical college, satisfactory to the Board of Regents;	34630

(2) Facilities that will meet the needs of the region in	34631
terms of technical and general education, taking into	34632
consideration the totality of facilities that will be available	34633
after the completion of the projects;	34634

(3) Planned to permit maximum joint use by the university and	34635
technical college of the totality of facilities that will be	34636
available upon their completion; and	34637

(4) To be located on or adjacent to the branch campus of the	34638
university.	34639

(C) The Board of Regents shall adopt rules regarding the	34640
release of moneys from all the foregoing appropriations for	34641
capital facilities for all state-supported or state-assisted	34642
institutions of higher education. In the case of capital	34643
facilities referred to in division (A)(3) of this section, the	34644
joint or cooperative use agreements shall include, as a minimum,	34645
provisions that:	34646

(1) Specify the extent and nature of that joint or	34647
cooperative use, extending for not fewer than fifteen years, with	34648
the value of such use or right to use to be, as is determined by	34649
the parties and approved by the Board of Regents, reasonably	34650
related to the amount of the appropriations;	34651

(2) Provide for pro rata reimbursement to the state should	34652
the arrangement for joint or cooperative use be terminated;	34653

(3) Provide that procedures to be followed during the capital	34654
improvement process will comply with appropriate applicable state	34655
statutes and rules, including the provisions of this act; and	34656

(4) Provide for payment or reimbursement to the institution	34657
of its administrative costs incurred as a result of the facilities	34658
project, not to exceed 1.5 per cent of the appropriated amount.	34659

(D) Upon the recommendation of the Board of Regents, the	34660
Controlling Board may approve the transfer of appropriations for	34661
projects requiring cooperation between institutions from one	34662
institution to another institution with the approval of both	34663
institutions.	34664

(E) Notwithstanding section 127.14 of the Revised Code, the	34665
Controlling Board, upon the recommendation of the Board of	34666
Regents, may transfer amounts appropriated to the Board of Regents	34667
to accounts of state-supported or state-assisted institutions	34668
created for that same purpose.	34669

Section 233.60.60. The requirements of Chapters 123. and	34670
153. of the Revised Code, with respect to the powers and duties of	34671
the Director of Administrative Services, and the requirements of	34672
section 127.16 of the Revised Code, with respect to the	34673
Controlling Board, do not apply to projects of community college	34674
districts, which include Cuyahoga Community College, Jefferson	34675
Community College, Lakeland Community College, Lorain Community	34676
College, Rio Grande Community College, and Sinclair Community	34677
College; and technical college districts, which include Belmont	34678
Technical College, Central Ohio Technical College, Hocking	34679
Technical College, James Rhodes State College, Marion Technical	34680
College, Zane State College, North Central Technical College, and	34681
Stark Technical College.	34682

Section 233.60.70. Those institutions locally administering	34683
capital improvement projects pursuant to section 3345.50 of the	34684
Revised Code may:	34685

(A) Establish charges for recovering costs directly related	34686
to project administration as defined by the Director of	34687
Administrative Services. The Department of Administrative Services	34688
shall review and approve these administrative charges when the	34689
charges are in excess of 1.5 per cent of the total construction	34690
budget.	34691

(B) Seek reimbursement from state capital appropriations to	34692
the institution for the in-house design services performed by the	34693
institution for the capital projects. Acceptable charges are	34694
limited to design document preparation work that is done by the	34695
institution. These reimbursable design costs shall be shown as	34696
"A/E fees" within the project's budget that is submitted to the	34697
Controlling Board or the Director of Budget and Management as part	34698
of a request for release of funds. The reimbursement for in-house	34699
design shall not exceed seven per cent of the estimated	34700
construction cost.	34701

Section 235.10. The items set forth in this section are	34702
hereby appropriated out of any moneys in the state treasury to the	34703
credit of the Parks and Recreation Improvement Fund (Fund 7035)	34704
that are not otherwise appropriated.	34705

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	34706

C725A0	State Parks, Campgrounds, Cabins, & Lodges	$	5,150,000	34707
C725A9	Park Boating Facilities - Shawnee Marina	$	1,000,000	34708
C725B8	Upgrade Underground Fuel Storage Tanks - Statewide	$	250,000	34709
C725E2	Local Parks Projects	$	26,227,333	34710
C725E6	Project Planning	$	500,000	34711
C725L8	Statewide Trails Program - Hocking Hills Trails Rehabilitation Phase II	$	1,000,000	34712
C725M5	Middle Bass Island State Park - Marina	$	4,000,000	34713
C725N0	Handicapped Accessibility - Statewide	$	100,000	34714
C725N4	Hazardous Waste/Asbestos Abatement - Statewide	$	150,000	34715
C725N6	Statewide Wastewater/Water Systems Upgrade	$	3,000,000	34716
C725R3	State Park Renovations/Upgrading - Statewide Beach Bath House Replacement	$	1,000,000	34717
Total Department of Natural Resources		$	42,377,333	34718
TOTAL Parks and Recreation Improvement Fund		$	42,377,333	34719

FEDERAL REIMBURSEMENT

34720

All reimbursements received from the federal government for	34721
any expenditures made pursuant to this section shall be deposited	34722
in the state treasury to the credit of the Parks and Recreation	34723
Improvement Fund (Fund 7035).	34724

LOCAL PARKS PROJECTS

34725

Of the foregoing appropriation item C725E2, Local Parks	34726
Projects, an amount equal to two per cent of the projects listed	34727
may be used by the Department of Natural Resources for the	34728
administration of local projects, $3,050,000 shall be used for the	34729
Scioto Mile Development, $2,000,000 shall be used for the	34730
Riverfront Park, $2,000,000 shall be used for the Goodyear Park,	34731
$1,090,000 shall be used for the Sterling Park, $1,000,000 shall	34732
be used for the Little Miami Trail extension - Hamilton County	34733
Park District, $675,000 shall be used for the Anthony Wayne Youth	34734
Foundation Recreation area, $100,000 shall be used for the Euclid	34735
Beach Pier, $500,000 shall be used for the Euclid Marina	34736
Breakwater Project, $500,000 shall be used for the Columbus Crew	34737
Facility - Hilliard, $500,000 shall be used for the Franklin Park	34738
Conservatory, $500,000 shall be used for the Colerain Township	34739
Park, $500,000 shall be used for the Green Township Legacy Place	34740
Park, $475,000 shall be used for the Dublin Emerald Fields Special	34741
Needs Playground, $450,000 shall be used for the Sippo Lake Park	34742
improvements, $400,000 shall be used for the Mentor Beach Park or	34743
Mentor Lagoons Marina, $400,000 shall be used for the Harrison	34744
Park - Wick District - Smoky, $400,000 shall be used for the	34745
Wayne County Rails to Trails Project, $350,000 shall be used by	34746
Franklin County Metro Parks for the Whittier Peninsula Park,	34747
$350,000 shall be used for the Perry Township Park, $733,333 shall	34748
be used for the East Bank of the Flats, $175,000 shall be used for	34749
the New Richmond Park, $300,000 shall be used for the Beavercreek	34750
Wildlife Education Center, $300,000 shall be used for the	34751
Versailles Park Project, $300,000 shall be used for the Madison	34752
Township Park, $284,000 shall be used for the Bike and Pedestrian	34753
Path - SugarTree Corridor, $275,000 shall be used for the	34754
Montville Township Park Project, $250,000 shall be used for the	34755
Grand Lake St. Mary's Shoreline Rip Rap Project, $250,000 shall be	34756
used for the West Chester Beckett Park Improvements, $250,000	34757
shall be used for the City of Strongsville Family Aquatic Center,	34758
$250,000 shall be used for the Reis Park improvements, $250,000	34759
shall be used for the McIntyre Park Hiking and Biking Trails,	34760
$250,000 shall be used for the Circleville Community Park Project,	34761
$250,000 shall be used for the Fremont Area Foundation Park	34762
athletic facilities, $250,000 shall be used for the Alliance Park,	34763
$250,000 shall be used for the Audubon Ohio Nature Center,	34764
$200,000 shall be used for the Maple Heights Pool/Park	34765
improvements, $200,000 shall be used for the Lancaster Community	34766
Parks revitalization, $200,000 shall be used for the Grandview	34767
Yard Public Park, $200,000 shall be used for the Wyoming City	34768
Regional Park, $200,000 shall be used for the Chagrin River	34769
Lakefront Park, $200,000 shall be used for the Aullwood Audubon	34770
Center, $400,000 shall be used for the Austin Pike Project - land	34771
acquisition, $200,000 shall be used for the Mary Virginia Crites	34772
Hammum Community Park, $500,000 shall be used for the Canton	34773
Water Facilities Park Project, $150,000 shall be used for the Lima	34774
Historic Athletic Field, $150,000 shall be used for the Myers	34775
Memorial Bandshell, $150,000 shall be used for the City of Logan	34776
Park/Pool improvements, $150,000 shall be used for the Houston	34777
Fisher Memorial Park improvements, $150,000 shall be used for the	34778
Indian Lake State Park Campground Electrical Improvements,	34779
$150,000 shall be used for the Avon Lake Veterans Park	34780
improvements, $125,000 shall be used for the York Township Park	34781
land acquisition, $124,500 shall be used for the Salt Fork	34782
Concession Stand, $100,000 shall be used for the Monroe	34783
Veterans' Memorial Park, $100,000 shall be used for the Rivers	34784
Edge Bikeway, $100,000 shall be used for the Mayfield Heights	34785
Park Facility improvement, $100,000 shall be used for the Auburn	34786
Township Community Park, $100,000 shall be used for the Kidron	34787
Community Park Improvements, $100,000 shall be used for the Lucas	34788
County Marina, $100,000 shall be used for the Youngstown City	34789
Park, $100,000 shall be used for the Salisbury Township Park	34790
improvements/land acquisition, $100,000 shall be used for the	34791
Community Built Playground, $100,000 shall be used for the Burkes	34792
Point Park, $100,000 shall be used for the Barberton Newton Park,	34793
$100,000 shall be used for the Crown Point Conservation Easement,	34794
$100,000 shall be used for the Mudbrook Trail and Greenway	34795
Project, $100,000 shall be used for the Waddell Park in the City	34796
of Niles, $100,000 shall be used for the Moonville Rail Trail	34797
Project, $100,000 shall be used for the Springboro Park	34798
improvements, $75,000 shall be used for the Ault Park	34799
improvements, $75,000 shall be used for the Willard Soccer and	34800
Football Park Project, $75,000 shall be used for the Austintown	34801
Nature Rooms, $75,000 shall be used for the Meigs Local	34802
Enrichment Project Multi-Purpose Complex, $75,000 shall be used	34803
for the Miracle League facility - Muskingum County, $70,000	34804
shall be used for the City of Nelsonville Park/land acquisition,	34805
$65,000 shall be used for the Village of Jacksonville Park	34806
improvements, $58,500 shall be used by the Greene County Parks and	34807
Recreation Department to provide recreational opportunities,	34808
$50,000 shall be used for the Ohio Wildlife Center, $50,000 shall	34809
be used for the Kelley's Island Park Restroom PHASE II, $50,000	34810
shall be used for the Little League Challenger Field - Cambridge,	34811
$50,000 shall be used for the Avon Isle Park improvements,	34812
$50,000 shall be used for the Monroe Township, Clermont County	34813
Fair Oak Park, $46,000 shall be used for the Huntington Township	34814
Park Projects, $35,000 shall be used for the Village of Buchtel	34815
Park improvements, $35,000 shall be used for the Village of	34816
Syracuse Park improvements, $30,000 shall be used for the	34817
Village of Albany Park improvements, $30,000 shall be used for	34818
the Village of Aberdeen Boat Dock, $30,000 shall be used for the	34819
Village of Hamler Parks improvement, $25,000 shall be used for	34820
the Coshocton Children's Park, $25,000 shall be used for the Alt	34821
Park improvements, $25,000 shall be used for the Cambridge	34822
Handicapped Playground, $25,000 shall be used for the Murray	34823
City Community Parks improvement, $25,000 shall be used for the	34824
Marblehead Lighthouse State Park - Replica Life Boat Station,	34825
$25,000 shall be used for the Village of Attica Park	34826
Maintenance, $20,000 shall be used for the Village of Stockport	34827
Park improvements, $15,000 shall be used for the Village of	34828
Salineville Baseball Field, $15,000 shall be used for the City of	34829
Parma Heights Greenbriar Commons Park Walking Trail, $10,000	34830
shall be used for the Village of Albany Bike Paths, $10,000	34831
shall be used for the Salem Park Board, $10,000 shall be used	34832
for the Village of Pomeroy Mini Park improvements, $10,000	34833
shall be used for the Skyvue Outdoor Classroom, and $6,000	34834
shall be used for the Wadsworth Skate Park.	34835

Section 235.11. For the appropriations in Section 235.10 of	34836
this act, the Department of Natural Resources shall periodically	34837
prepare and submit to the Director of Budget and Management the	34838
estimated design, planning, and engineering costs of	34839
capital-related work to be done by the Department for each	34840
project. Based on the estimates, the Director of Budget and	34841
Management may release appropriations from the foregoing	34842
appropriation item C725E6, Project Planning, within the Parks and	34843
Recreation Improvement Fund (Fund 7035), to pay for design,	34844
planning, and engineering costs incurred by the Department for the	34845
projects. Upon release of the appropriations by the Director of	34846
Budget and Management, the Department shall pay for these	34847
expenses from the Parks Capital Expenses Fund (Fund 2270), and	34848
shall be reimbursed from the Parks and Recreation Improvement	34849
Fund (Fund 7035) using an intrastate voucher.	34850

Section 235.12. The Treasurer of State is hereby authorized	34851
to issue and sell, in accordance with Section 2i of Article VIII,	34852
Ohio Constitution, and Chapter 154. of the Revised Code,	34853
particularly section 154.22 of the Revised Code, original	34854
obligations in an aggregate principal amount not to exceed	34855
$41,000,000, in addition to the original issuance of obligations	34856
heretofore authorized by prior acts of the General Assembly. These	34857
authorized obligations shall be issued, subject to applicable	34858
constitutional and statutory limitations, to pay the costs of	34859
capital facilities for parks and recreation as defined in section	34860
154.01 of the Revised Code.	34861

Section 235.13. (A) No capital improvement appropriations	34862
made in Section 235.10 of this act shall be released for planning	34863
or for improvement, renovation, or construction or acquisition of	34864
capital facilities if a governmental agency, as defined in section	34865
154.01 of the Revised Code, does not own the real property that	34866
constitutes the capital facilities or on which the capital	34867
facilities are or will be located. This restriction does not apply	34868
in any of the following circumstances:	34869

(1) The governmental agency has a long-term (at least fifteen	34870
years) lease of, or other interest (such as an easement) in, the	34871
real property.	34872

(2) In the case of an appropriation for capital facilities	34873
for parks and recreation that, because of their unique nature or	34874
location, will be owned or be part of facilities owned by a	34875
separate nonprofit organization and made available to the	34876
governmental agency for its use or operated by the nonprofit	34877
organization under contract with the governmental agency, the	34878
nonprofit organization either owns or has a long-term (at least	34879
fifteen years) lease of the real property or other capital	34880
facility to be improved, renovated, constructed, or acquired and	34881
has entered into a joint or cooperative use agreement, approved by	34882
the Department of Natural Resources, with the governmental agency	34883
for that agency's use of and right to use the capital facilities	34884
to be financed and, if applicable, improved, the value of such use	34885
or right to use being, as determined by the parties, reasonably	34886
related to the amount of the appropriation.	34887

(B) In the case of capital facilities referred to in division	34888
(A)(2) of this section, the joint or cooperative use agreement	34889
shall include, as a minimum, provisions that:	34890

(1) Specify the extent and nature of that joint or	34891
cooperative use, extending for not fewer than fifteen years, with	34892
the value of such use or right to use to be, as determined by the	34893
parties and approved by the approving department, reasonably	34894
related to the amount of the appropriation;	34895

(2) Provide for pro rata reimbursement to the state should	34896
the arrangement for joint or cooperative use by a governmental	34897
agency be terminated; and	34898

(3) Provide that procedures to be followed during the capital	34899
improvement process will comply with appropriate applicable state	34900
statutes and rules, including the provisions of this act.	34901

Section 237.10. The items set forth in this section are	34902
hereby appropriated out of any moneys in the state treasury to the	34903
credit of the State Capital Improvements Fund (Fund 7038) that	34904
are not otherwise appropriated.	34905

Appropriations

PWC PUBLIC WORKS COMMISSION	34906

C15000	Local Public Infrastructure	$	120,000,000	34907
Total Public Works Commission		$	120,000,000	34908
TOTAL State Capital Improvements Fund		$	120,000,000	34909

The foregoing appropriation item C15000, Local Public	34910
Infrastructure, shall be used in accordance with sections 164.01	34911
to 164.12 of the Revised Code. The Director of the Public Works	34912
Commission may certify to the Director of Budget and Management	34913
that a need exists to appropriate investment earnings to be used	34914
in accordance with sections 164.01 to 164.12 of the Revised Code.	34915
If the Director of Budget and Management determines pursuant to	34916
division (D) of section 164.08 and section 164.12 of the Revised	34917
Code that investment earnings are available to support additional	34918
appropriations, such amounts are hereby appropriated.	34919

If the Public Works Commission receives refunds due to	34920
project overpayments that are discovered during a post-project	34921
audit, the Director of the Public Works Commission may certify to	34922
the Director of Budget and Management that refunds have been	34923
received. In certifying the refunds, the Director of the Public	34924
Works Commission shall provide the Director of Budget and	34925
Management information on the project refunds. The certification	34926
shall detail by project the source and amount of project	34927
overpayments received and include any supporting documentation	34928
required or requested by the Director of Budget and Management.	34929
Upon receipt of the certification, the Director of Budget and	34930
Management shall determine if the project refunds are necessary to	34931
support existing appropriations. If the project refunds are	34932
available to support additional appropriations, these amounts are	34933
hereby appropriated to appropriation item C15030, Revolving Loan.	34934

Section 237.11. The Ohio Public Facilities Commission is	34935
hereby authorized to issue and sell, in accordance with Section 2p	34936
of Article VIII, Ohio Constitution, and sections 151.01 and	34937
151.08 of the Revised Code, original obligations of the state, in	34938
an aggregate principal amount not to exceed $120,000,000, in	34939
addition to the original obligations heretofore authorized by	34940
prior acts of the General Assembly. These authorized obligations	34941
shall be issued and sold from time to time and in amounts	34942
necessary to ensure sufficient moneys to the credit of the State	34943
Capital Improvements Fund (Fund 7038) to pay costs of capital	34944
improvement projects of local subdivisions.	34945

Section 239.10. The items set forth in this section are	34946
hereby appropriated out of any moneys in the state treasury to	34947
the credit of the Clean Ohio Conservation Fund (Fund 7056) that	34948
are not otherwise appropriated.	34949

Appropriations

PWC PUBLIC WORKS COMMISSION	34950

C15060	Clean Ohio Conservation	$	30,000,000	34951
Total Public Works Commission		$	30,000,000	34952
TOTAL Clean Ohio Conservation Fund		$	30,000,000	34953

The foregoing appropriation item C15060, Clean Ohio	34954
Conservation, shall be used in accordance with sections 164.20 to	34955
164.27 of the Revised Code. If the Public Works Commission	34956
receives refunds due to project overpayments that are discovered	34957
during the post-project audit, the Director of the Public Works	34958
Commission may certify to the Director of Budget and Management	34959
that refunds have been received. If the Director of Budget and	34960
Management determines that the project refunds are available to	34961
support additional appropriations, such amounts are hereby	34962
appropriated.	34963

Section 241.10. The items set forth in this section are	34964
hereby appropriated out of any moneys in the state treasury to	34965
the credit of the Clean Ohio Agricultural Easement Fund (Fund	34966
7057) that are not otherwise appropriated.	34967

Appropriations

AGR DEPARTMENT OF AGRICULTURE	34968

C70009	Clean Ohio Agricultural Easements	$	5,000,000	34969
Total Department of Agriculture		$	5,000,000	34970
TOTAL Clean Ohio Agricultural Easement Fund		$	5,000,000	34971

Section 243.10. The items set forth in this section are	34973
hereby appropriated out of any moneys in the state treasury to	34974
the credit of the Clean Ohio Trail Fund (Fund 7061) that are not	34975
otherwise appropriated.	34976

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	34977

C72514	Clean Ohio Trail - Grants	$	5,000,000	34978
Total Department of Natural Resources		$	5,000,000	34979
TOTAL Clean Ohio Trail Fund		$	5,000,000	34980

Section 243.11. The Ohio Public Facilities Commission is	34982
hereby authorized to issue and sell, in accordance with Section	34983
2o of Article VIII, Ohio Constitution, and pursuant to sections	34984
151.01 and 151.09 of the Revised Code, original obligations of	34985
the state in an aggregate principal amount not to exceed	34986
$40,000,000 in addition to the original issuance of obligations	34987
heretofore authorized by prior acts of the General Assembly.	34988
These authorized obligations shall be issued and sold from time	34989
to time, subject to applicable constitutional and statutory	34990
limitations, as needed to ensure sufficient moneys to the credit	34991
of the Clean Ohio Conservation Fund (Fund 7056), the Clean Ohio	34992
Agricultural Easement Fund (Fund 7057), and the Clean Ohio Trail	34993
Fund (Fund 7061) to pay costs of conservation projects.	34994

Section 245.10. Notwithstanding any provision of law to the	34995
contrary, the Director of Budget and Management, with the written	34996
concurrence of the Director of Public Safety, may transfer cash	34997
temporarily from the Highway Safety Fund (Fund 7036) to the	34998
Highway Safety Building Fund (Fund 7025), and the cash may be	34999
used to fund projects previously appropriated by acts of the	35000
General Assembly. The transfers shall be made for the purpose of	35001
providing cash to support appropriations or encumbrances that	35002
exist on the effective date of this section. At such time as	35003
obligations are issued for Highway Safety Building Fund projects,	35004
the Director of Budget and Management shall transfer from the	35005
Highway Safety Building Fund to the Highway Safety Fund any	35006
amounts originally transferred to the Highway Safety Building	35007
Fund under this section.	35008

Section 247.10. CERTIFICATION OF AVAILABILITY OF MONEYS

35009

Moneys that require release shall not be expended from any	35010
appropriation contained in this act without certification of the	35011
Director of Budget and Management that there are sufficient moneys	35012
in the state treasury in the fund from which the appropriation is	35013
made. Such certification shall be based on estimates of revenue,	35014
receipts, and expenses. Nothing in this section limits the	35015
authority granted to the Director of Budget and Management in	35016
section 126.07 of the Revised Code.	35017

Section 249.10. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

35018

The appropriations made in this act, excluding those made to	35019
the State Capital Improvement Fund (Fund 7038) and the State	35020
Capital Improvements Revolving Loan Fund (Fund 7040) for buildings	35021
or structures, including remodeling and renovations, are limited	35022
to:	35023

(A) Acquisition of real property or interests in real	35024
property;	35025

(B) Buildings and structures, which include construction,	35026
demolition, complete heating, lighting and lighting fixtures, all	35027
necessary utilities, and ventilating, plumbing, sprinkling, and	35028
sewer systems, when such systems are authorized or necessary;	35029

(C) Architectural, engineering, and professional services	35030
expenses directly related to the projects;	35031

(D) Machinery that is a part of structures at the time of	35032
initial acquisition or construction;	35033

(E) Acquisition, development, and deployment of new computer	35034
systems, including the redevelopment or integration of existing	35035
and new computer systems, but excluding regular or ongoing	35036
maintenance or support agreements;	35037

(F) Equipment that meets all the following criteria:

35038

(1) The equipment is essential in bringing the facility up to	35039
its intended use;	35040

(2) The unit cost of the equipment, and not the individual	35041
parts of a unit, is about $100 or more;	35042

(3) The equipment has a useful life of five years or more;	35043
and	35044

(4) The equipment is necessary for the functioning of the	35045
particular facility or project.	35046

Equipment shall not be paid for from these appropriations	35047
that is not an integral part of or directly related to the basic	35048
purpose or function of a project for which moneys are	35049
appropriated. This paragraph does not apply to appropriation items	35050
specifically for equipment.	35051

Section 251.10. CONTINGENCY RESERVE REQUIREMENT

35052

Any request for release of capital appropriations by the	35053
Director of Budget and Management or the Controlling Board of	35054
capital appropriations for projects, the contracts for which are	35055
awarded by the Department of Administrative Services, shall	35056
contain a contingency reserve, the amount of which shall be	35057
determined by the Department of Administrative Services, for	35058
payment of unanticipated project expenses. Any amount deducted	35059
from the encumbrance for a contractor's contract as an assessment	35060
for liquidated damages shall be added to the encumbrance for the	35061
contingency reserve. Contingency reserve funds shall be used to	35062
pay costs resulting from unanticipated job conditions, to comply	35063
with rulings regarding building and other codes, to pay costs	35064
related to errors or omissions in contract documents, to pay costs	35065
associated with changes in the scope of work, and to pay the cost	35066
of settlements and judgments related to the project.	35067

Any funds remaining upon completion of a project may, upon	35068
approval of the Controlling Board, be released for the use of the	35069
agency or instrumentality to which the appropriation was made for	35070
other capital facilities projects.	35071

Section 253.10. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	35072
PROJECTS	35073

Notwithstanding sections 123.01 and 123.15 of the Revised	35074
Code, the Director of Administrative Services may authorize the	35075
Departments of Mental Health, Mental Retardation and Developmental	35076
Disabilities, Agriculture, Job and Family Services, Rehabilitation	35077
and Correction, Youth Services, Public Safety, Transportation, and	35078
the Ohio Veterans' Home to administer any capital facilities	35079
projects, the estimated cost of which, including design fees,	35080
construction, equipment, and contingency amounts, is less than	35081
$1,500,000. Requests for authorization to administer capital	35082
facilities projects shall be made in writing to the Director of	35083
Administrative Services by the applicable state agency within	35084
sixty days after the effective date of the section of law in which	35085
the General Assembly initially makes an appropriation for the	35086
project. Upon the release of funds for the projects by the	35087
Controlling Board or the Director of Budget and Management, the	35088
agency may administer the capital project or projects for which	35089
agency administration has been authorized without the supervision,	35090
control, or approval of the Director of Administrative Services.	35091

A state agency authorized by the Director of Administrative	35092
Services to administer capital facilities projects pursuant to	35093
this section shall comply with the applicable procedures and	35094
guidelines established in Chapter 153. of the Revised Code.	35095

Section 255.10. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	35096
AGAINST THE STATE	35097

Except as otherwise provided in this section, an	35098
appropriation contained in this act or in any other act may be	35099
used for the purpose of satisfying judgments, settlements, or	35100
administrative awards ordered or approved by the Court of Claims	35101
or by any other court of competent jurisdiction in connection with	35102
civil actions against the state. This authorization does not apply	35103
to appropriations that are to be applied to or used for payment of	35104
guarantees by or on behalf of the state, or for payments under	35105
lease agreements relating to or debt service on bonds, notes, or	35106
other obligations of the state. Notwithstanding any other section	35107
of law to the contrary, this authorization includes appropriations	35108
from funds into which proceeds or direct obligations of the state	35109
are deposited only to the extent that the judgment, settlement, or	35110
administrative award is for or represents capital costs for which	35111
the appropriation may otherwise be used and is consistent with the	35112
purpose for which any related obligations were issued or entered	35113
into. Nothing contained in this section is intended to subject the	35114
state to suit in any forum in which it is not otherwise subject to	35115
suit, and it is not intended to waive or compromise any defense or	35116
right available to the state in any suit against it.	35117

Section 257.10. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	35118
AND MANAGEMENT	35119

Notwithstanding section 126.14 of the Revised Code,	35120
appropriations for appropriation item C50101, Community-Based	35121
Correctional Facilities, appropriated from the Adult Correctional	35122
Building Fund (Fund 7027) to the Department of Rehabilitation and	35123
Correction, shall be released upon the written approval of the	35124
Director of Budget and Management. The appropriations from the	35125
Public School Building Fund (Fund 7021) and the School Building	35126
Program Assistance Fund (Fund 7032) to the School Facilities	35127
Commission, from the Clean Ohio Conservation Fund (Fund 7056), the	35128
State Capital Improvement Fund (Fund 7038), the Local	35129
Infrastructure Development Fund (Fund 7039), and the State Capital	35130
Improvements Revolving Loan Fund (Fund 7040) to the Public Works	35131
Commission, shall be released upon presentation of a request to	35132
release the funds, by the agency to which the appropriation has	35133
been made, to the Director of Budget and Management.	35134

Section 259.10. PREVAILING WAGE REQUIREMENT

35135

Except as provided in section 4115.04 of the Revised Code,	35136
moneys appropriated or reappropriated by the 127th General	35137
Assembly shall not be used for the construction of public	35138
improvements, as defined in section 4115.03 of the Revised Code,	35139
unless the mechanics, laborers, or workers engaged therein are	35140
paid the prevailing rate of wages prescribed in section 4115.04 of	35141
the Revised Code. Nothing in this section affects the wages and	35142
salaries established for state employees under Chapter 124. of the	35143
Revised Code, or collective bargaining agreements entered into by	35144
the state under Chapter 4117. of the Revised Code, while engaged	35145
on force account work, nor does this section interfere with the	35146
use of inmate and patient labor by the state.	35147

Section 261.10. CAPITAL FACILITIES LEASES

35148

Capital facilities for which appropriations are made from the	35149
Highway Safety Building Fund (Fund 7025), the Administrative	35150
Building Fund (Fund 7026), the Adult Correctional Building Fund	35151
(Fund 7027), and the Juvenile Correctional Building Fund (Fund	35152
7028) may be leased by the Ohio Building Authority to the	35153
Department of Public Safety, the Department of Youth Services,	35154
the Department of Administrative Services, and the Department of	35155
Rehabilitation and Correction, and other agreements may be made	35156
by the Ohio Building Authority and the departments with respect	35157
to the use or purchase of such capital facilities, or, subject to	35158
the approval of the director of the department or the commission,	35159
the Ohio Building Authority may lease the capital facilities to,	35160
and make other agreements with respect to the use or purchase of	35161
the capital facilities with, any governmental agency or nonprofit	35162
corporation having authority under law to own, lease, or operate	35163
the capital facilities. The director of the department or the	35164
commission may sublease the capital facilities to, and make other	35165
agreements with respect to the use or purchase of the capital	35166
facilities with, any such governmental agency or nonprofit	35167
corporation, which agreements may include provisions for	35168
transmittal of receipts of the agency or nonprofit corporation of	35169
any charges for the use of the facilities, all upon such terms	35170
and conditions as the parties may agree upon and subject to any	35171
other provision of law affecting the leasing, acquisition, or	35172
disposition of capital facilities by the parties.	35173

Section 263.10. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	35174
MANAGEMENT	35175

The Director of Budget and Management shall authorize both of	35176
the following:	35177

(A) The initial release of moneys for projects from the funds	35178
into which proceeds of direct obligations of the state are	35179
deposited; and	35180

(B) The expenditure or encumbrance of moneys from funds into	35181
which proceeds of direct obligations are deposited, but only after	35182
determining to the director's satisfaction that either of the	35183
following applies:	35184

(1) The application of the moneys to the particular project	35185
will not negatively affect any exemption or exclusion from federal	35186
income tax of the interest or interest equivalent on obligations	35187
issued to provide moneys to the particular fund.	35188

(2) Moneys for the project will come from the proceeds of	35189
obligations, the interest on which is not so excluded or exempt	35190
and which have been authorized as "taxable obligations" by the	35191
issuing authority.	35192

The director shall report any nonrelease of moneys pursuant	35193
to this section to the Governor, to the Speaker of the House of	35194
Representatives, to the President of the Senate, and to the agency	35195
for the use of which the project is intended.	35196

Section 265.10. SCHOOL FACILITIES ENCUMBRANCES AND	35197
REAPPROPRIATION	35198

At the request of the Executive Director of the Ohio School	35199
Facilities Commission, the Director of Budget and Management may	35200
cancel encumbrances for school district projects from a previous	35201
biennium if the district has not raised its local share of project	35202
costs within one year after receiving Controlling Board approval	35203
in accordance with section 3318.05 of the Revised Code. The	35204
Executive Director of the Ohio School Facilities Commission shall	35205
certify the amounts of these canceled encumbrances to the Director	35206
of Budget and Management on a quarterly basis. The amounts of the	35207
canceled encumbrances are hereby appropriated.	35208

Section 267.10. CERTIFICATE OF NEED REQUIREMENT

35209

An appropriation for a health care facility authorized under	35210
this act may not be released until the requirements of sections	35211
3702.51 to 3702.62 of the Revised Code have been met.	35212

Section 269.10. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	35213
ABATEMENT LITIGATION	35214

All proceeds received by the state as a result of litigation,	35215
judgments, settlements, or claims, filed by or on behalf of any	35216
state agency, as defined by section 1.60 of the Revised Code, or	35217
state-supported or state-assisted institution of higher education,	35218
for damages or costs resulting from the use, removal, or hazard	35219
abatement of asbestos materials shall be deposited in the Asbestos	35220
Abatement Distribution Fund (Fund 6740). All funds deposited into	35221
the Asbestos Abatement Distribution Fund are hereby appropriated	35222
to the Attorney General. To the extent practicable, the proceeds	35223
placed in the Asbestos Abatement Distribution Fund shall be	35224
divided among the state agencies and state-supported or	35225
state-assisted institutions of higher education in accordance with	35226
the general provisions of the litigation regarding the percentage	35227
of recovery. Distribution of the proceeds to each state agency or	35228
state-supported or state-assisted institution of higher education	35229
shall be made in accordance with the Asbestos Abatement	35230
Distribution Plan to be developed by the Attorney General, the	35231
General Services Division within the Department of Administrative	35232
Services, and the Office of Budget and Management.	35233

In those circumstances where asbestos litigation proceeds are	35234
for reimbursement of expenditures made with funds outside the	35235
state treasury or damages to buildings not constructed with state	35236
appropriations, direct payments shall be made to the affected	35237
institutions of higher education. Any proceeds received for	35238
reimbursement of expenditures made with funds within the state	35239
treasury or damages to buildings occupied by state agencies shall	35240
be distributed to the affected agencies with an intrastate	35241
transfer voucher to the funds identified in the Asbestos Abatement	35242
Distribution Plan.	35243

These proceeds shall be used for additional asbestos	35244
abatement or encapsulation projects, or for other capital	35245
improvements, except that proceeds distributed to the General	35246
Revenue Fund and other funds that are not bond improvement funds	35247
may be used for any purpose. The Controlling Board may, for bond	35248
improvement funds, create appropriation items or increase	35249
appropriation authority in existing appropriation items equaling	35250
the amount of the proceeds. The amounts approved by the	35251
Controlling Board are hereby appropriated. The proceeds deposited	35252
in bond improvement funds shall not be expended until released by	35253
the Controlling Board, which shall require certification by the	35254
Director of Budget and Management that the proceeds are sufficient	35255
and available to fund the additional anticipated expenditures.	35256

Section 271.10. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	35257
REVISED CODE	35258

The capital improvements for which appropriations are made in	35259
this act from the Third Frontier Research and Development Fund	35260
(Fund 7011), the Job Ready Site Development Fund (Fund 7012), the	35261
Ohio Parks and Natural Resources Fund (Fund 7031), the School	35262
Building Program Assistance Fund (Fund 7032), the Higher Education	35263
Improvement Fund (Fund 7034), the State Capital Improvements Fund	35264
(Fund 7038), the Clean Ohio Conservation Fund (Fund 7056), the	35265
Clean Ohio Agricultural Easement Fund (Fund 7057), and the Clean	35266
Ohio Trail Fund (Fund 7061) are determined to be capital	35267
improvements and capital facilities for research and development,	35268
preparation of sites, natural resources, a statewide system of	35269
common schools, state-supported and state-assisted institutions	35270
of higher education, local subdivision capital improvement	35271
projects, and conservation purposes (under the Clean Ohio	35272
Program) and are designated as capital facilities to which	35273
proceeds of obligations issued under Chapter 151. of the Revised	35274
Code are to be applied.	35275

Section 273.10. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	35276
REVISED CODE	35277

The capital improvements for which appropriations are made in	35278
this act from the Highway Safety Building Fund (Fund 7025), the	35279
Administrative Building Fund (Fund 7026), the Adult Correctional	35280
Building Fund (Fund 7027), the Juvenile Correctional Building Fund	35281
(Fund 7028), and the Transportation Building Fund (Fund 7029) are	35282
determined to be capital improvements and capital facilities for	35283
housing state agencies and branches of state government and are	35284
designated as capital facilities to which proceeds of obligations	35285
issued under Chapter 152. of the Revised Code are to be applied.	35286

Section 273.20. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	35287
REVISED CODE	35288

The capital improvements for which appropriations are made in	35289
this act from the Cultural and Sports Facilities Building Fund	35290
(Fund 7030), the Mental Health Facilities Improvement Fund (Fund	35291
7033), and the Parks and Recreation Improvement Fund (Fund 7035)	35292
are determined to be capital improvements and capital facilities	35293
for housing state agencies and branches of government, mental	35294
hygiene and retardation, and parks and recreation and are	35295
designated as capital facilities to which proceeds of obligations	35296
issued under Chapter 154. of the Revised Code are to be applied.	35297

Section 275.10. TRANSFER OF OPEN ENCUMBRANCES

35298

Upon the request of the agency to which a capital project	35299
appropriation item is appropriated, the Director of Budget and	35300
Management may transfer open encumbrance amounts between separate	35301
encumbrances for the project appropriation item to the extent that	35302
any reductions in encumbrances are agreed to by the contracting	35303
vendor and the agency.	35304

Section 277.10. LITIGATION PROCEEDS TO THE ADMINISTRATIVE	35305
BUILDING FUND	35306

Any proceeds received by the state as the result of	35307
litigation or a settlement agreement related to any liability for	35308
the planning, design, engineering, construction, or construction	35309
management of facilities operated by the Department of	35310
Administrative Services shall be deposited into the Administrative	35311
Building Fund (Fund 7026).	35312

Section 279.10. COAL RESEARCH AND DEVELOPMENT BONDS

35313

The Ohio Public Facilities Commission, upon the request of	35314
the Director of the Ohio Coal Development Office with the advice	35315
of the Technical Advisory Committee created in section 1551.35 of	35316
the Revised Code and with the approval of the Director of the Air	35317
Quality Development Authority, is hereby authorized to issue and	35318
sell, in accordance with Section 15 of Article VIII, Ohio	35319
Constitution, and Chapter 151. of the Revised Code, and	35320
particularly sections 151.01 and 151.07 and other applicable	35321
sections of the Revised Code, bonds or other obligations of the	35322
state heretofore authorized by prior acts of the General Assembly.	35323
The obligations shall be issued, subject to applicable	35324
constitutional and statutory limitations, to provide sufficient	35325
moneys to the credit of the Coal Research and Development Fund	35326
created in section 1555.15 of the Revised Code to pay costs	35327
charged to the fund when due as estimated by the Director of the	35328
Ohio Coal Development Office.	35329

Section 281.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

35330

The Ohio Administrative Knowledge System (OAKS) shall be an	35331
enterprise resource planning system that replaces the state's	35332
central services infrastructure systems, including the Central	35333
Accounting System, the Human Resources/Payroll System, the Capital	35334
Improvements Projects Tracking System, the Fixed Assets Management	35335
System, and the Procurement System. The Department of	35336
Administrative Services, in conjunction with the Office of Budget	35337
and Management, may acquire the system, including, but not limited	35338
to, the enterprise resource planning software and installation and	35339
implementation thereof, pursuant to Chapter 125. of the Revised	35340
Code. Any lease-purchase arrangement utilized under Chapter 125.	35341
of the Revised Code, including any fractionalized interest therein	35342
as defined in division (N) of section 133.01 of the Revised Code,	35343
shall provide at the end of the lease period that OAKS shall	35344
become the property of the state.	35345

Section 283.10. Sections of this act prefixed with a section	35346
number in the 200s are and remain in full force and effect	35347
commencing on July 1, 2008, and terminating on June 30, 2010,	35348
for the purpose of drawing money from the state treasury in	35349
payment of liabilities lawfully incurred under those sections,	35350
and on June 30, 2010, and not before, the moneys hereby	35351
appropriated lapse into the funds from which they are severally	35352
appropriated. If, under Section 1c of Article II, Ohio	35353
Constitution, the sections of this act prefixed with a section	35354
number in the 200s do not take effect until after July 1, 2008,	35355
the sections are and remain in full force and effect commencing	35356
on that effective date.	35357

Section 503.10. GENERAL OBLIGATIONS ADJUSTMENTS TO REFLECT	35358
TOBACCO SECURITIZATION	35359

In accordance with divisions (A)(5) and (6) of Section 518.03	35360
of H.B. 119 of the 127th General Assembly, the existing	35361
authorizations granted in prior acts of the General Assembly to	35362
issue and sell obligations under Section 2n of Article VIII, Ohio	35363
Constitution, to pay costs of facilities for (1) a system of	35364
common schools throughout the state is hereby reduced from	35365
$4,145,000,000 to $3,345,000,000, and (2) state-supported and	35366
state-assisted institutions of higher education is hereby reduced	35367
from $2,957,000,000 to $2,007,000,000.	35368

Section 503.20. OHIO DENTIST AND PHYSICIAN LOAN REPAYMENT	35369
PROGRAMS	35370

On July 1, 2008, or as soon as possible thereafter, the	35371
Director of Budget and Management shall cancel any existing	35372
encumbrances against the Board of Regents' appropriation item	35373
235624, Ohio Dentist Loan Repayment, and re-establish them	35374
against the Department of Health's appropriation item 440624,	35375
Ohio Dentist Loan Repayment. The amounts of the re-established	35376
encumbrances are hereby appropriated.	35377

On July 1, 2008, or as soon as possible thereafter, the	35378
Chancellor of the Board of Regents shall certify to the Director	35379
of Budget and Management the amount of cash and any outstanding	35380
encumbrances for the Dentist and Physician Loan Repayment Programs	35381
remaining in the National Health Services Corps – Ohio Loan	35382
Repayment Fund (Fund 3T00). The Director of Budget and Management	35383
shall transfer this amount in cash from the National Health	35384
Services Corps – Ohio Loan Repayment Fund (Fund 3T00) to the	35385
Federal Public Health Programs Fund (Fund 3920). In addition, the	35386
Director of Budget and Management shall cancel the outstanding	35387
Dentist and Physician Loan Repayment Programs encumbrances in the	35388
National Health Services Corps – Ohio Loan Repayment Fund (Fund	35389
3T00) and re-establish these encumbrances in the Federal Public	35390
Health Programs Fund (Fund 3920). The amounts of the	35391
re-established encumbrances are hereby appropriated.	35392

On and after the effective date of this section,	35393
administration of the Dentist Loan Repayment Program is the	35394
responsibility of the Department of Health.	35395

Section 503.30. OHIO PHYSICIAN LOAN REPAYMENT PROGRAM

35396

On July 1, 2008, the Director of Budget and Management shall	35397
cancel any existing encumbrances against appropriation item	35398
235604, Physician Loan Repayment, and re-establish them against	35399
appropriation item 440628, Ohio Physician Loan Repayment. The	35400
amounts of the re-established encumbrances are hereby	35401
appropriated.	35402

On and after the effective date of this section,	35403
administration of the Physician Loan Repayment Program is the	35404
responsibility of the Department of Health.	35405

Section 503.40. All appropriation items in this section are	35406
appropriated out of the money in the state treasury to the credit	35407
of the designated fund. For all appropriations made in this	35408
section, the amounts in the first column are for fiscal year 2008	35409
and the amounts in the second column are for fiscal year 2009.	35410

LSC LEGISLATIVE SERVICE COMMISSION	35411

General Revenue Fund	35412

GRF	035-321	Operating Expenses	$	$	200,000	35413
GRF	035-407	Legislative Taskforce on Redistricting	$	$	750,000	35414
TOTAL GRF General Revenue Fund			$	$	950,000	35415
TOTAL ALL BUDGET FUND GROUPS			$	$	950,000	35416

COMMISSION ON CUYAHOGA COUNTY GOVERNMENT REFORM

35417

The foregoing appropriation item 035-321, Operating Expenses,	35418
shall be used to support the Commission on Cuyahoga County	35419
Government Reform created in this act.	35420

LEGISLATIVE TASKFORCE ON REDISTRICTING

35421

An amount equal to the unexpended, unencumbered portion of	35422
the foregoing appropriation item 035-407, Legislative Taskforce on	35423
Redistricting, at the end of fiscal year 2009 is hereby	35424
reappropriated to the Legislative Service Commission for the same	35425
purpose for fiscal year 2010.	35426

The appropriations made in this section are subject to all	35427
the provisions of Am. Sub. H.B. 119 of the 127th General Assembly	35428
that are generally applicable to such appropriations except for	35429
Section 809.03 of Am. Sub. H.B. 119 of the 127th General Assembly.	35430
Expenditures from appropriations contained in this section shall	35431
be accounted for as though made in Am. Sub. H.B. 119 of the 127th	35432
General Assembly.	35433

Section 515.10. SCHOOL FACILITIES COMMISSION REIMBURSEMENT	35434
FROM PROCEEDS OF TOBACCO SETTLEMENT BONDS	35435

Prior to January 1, 2009, the Executive Director of the Ohio	35436
School Facilities Commission shall report to the Director of	35437
Budget and Management the amount of funds expended between	35438
September 1, 2007, and June 30, 2008, from the Education	35439
Facilities Trust Fund (Fund N087) and from the Public School	35440
Building Fund (Fund 7021) that were eligible to be financed from	35441
the proceeds of the tax-exempt tobacco settlement bonds issued	35442
pursuant to section 183.51 of the Revised Code and were deposited	35443
into the School Building Program Assistance Fund (Fund 7032).	35444
Upon receipt of the report, the Director of Budget and Management	35445
may transfer cash, in the amount reported, from the tobacco	35446
settlement bond proceeds to each of the funds. Appropriations for	35447
the funds are hereby adjusted by the amounts of the cash	35448
transfers.	35449

Section 515.20. CORRECTIVE CASH TRANSFER

35450

On the effective date of this section, or as soon as possible	35451
thereafter, the Director of Budget and Management may transfer	35452
$34,549.45 in cash from the Coal Research and Development Bond	35453
Services Fund (Fund 7076) into the Coal Research and Development	35454
Fund (Fund 7046) to correct deposits that were mistakenly	35455
deposited into the Coal Research and Development Bond Services	35456
Fund (Fund 7076).	35457

Section 515.21. CORRECTIVE CASH TRANSFER

35458

On the effective date of this section, or as soon as possible	35459
thereafter, the Director of Budget and Management may transfer	35460
$5,538.11 in cash from the Coal Research and Development Fund	35461
(Fund 7046) into the Coal Research and Development Bond Services	35462
Fund (Fund 7076) to correct deposits that were mistakenly	35463
deposited into the Coal Research and Development Fund (Fund 7046).	35464

Section 515.30. TRANSFER FROM THE GENERAL REIMBURSEMENT FUND	35465
TO THE PUBLIC HEALTH PRIORITY TRUST FUND	35466

Notwithstanding any provision of law to the contrary, on July	35467
1, 2008, or as soon as possible thereafter, the Director of Budget	35468
and Management shall transfer $950,000 cash from the General	35469
Reimbursement Fund (Fund 1060) to the Public Health Priority Trust	35470
Fund (Fund L087). The amount transferred is hereby appropriated to	35471
appropriation item 440-432, Pneumococcal Vaccines for Children, in	35472
the Department of Health.	35473

Section 515.40. BUDGET STABILIZATION FUND TRANSFERS

35474

The Director of Budget and Management has directed the	35475
following agencies to reduce spending in the following General	35476
Revenue Fund appropriation items. Amounts listed in the first	35477
column are the reductions for fiscal year 2008 and amounts listed	35478
in the second column are the reductions for fiscal year 2009.	35479

Department of Agriculture	35480

	700-403		Animal Disease Control		$	36,540		$	182,702		35481
	700-410		Food Safety		$	8,651		$	43,255		35482

Department of Health	35483

	440-407		Animal Borne Disease and Prevention		$	80,000		$	40,000		35484
	440-418		Immunization		$	80,000		$	40,000		35485

Department of Rehabilitation and Correction	35486

503-321

Parole and Community Operations

1,327,100

5,433,321

35487

Department of Education	35488

200-503

Bus Purchase Allowance

5,128,138

676,200

35489

Department of Job and Family Services	35490

600-502

Child Support Match

3,401,410

35491

Rehabilitation Services Commission	35492

415-431

Office of People with Brain Injury

22,601

35493

Ohio School for the Blind	35494

226-100

Personal Services

354,656

375,966

35495

Ohio School for the Deaf	35496

221-100

Personal Services

438,768

463,193

35497

The Director of Budget and Management shall transfer	35498
$7,476,454 cash in fiscal year 2008 and $10,678,648 cash in fiscal	35499
year 2009 from the Budget Stabilization Fund to the General	35500
Revenue Fund to ensure the full amounts appropriated in Am. Sub.	35501
H.B. 119 of the 127th General Assembly to each of the foregoing	35502
appropriation items are available to the agencies for	35503
expenditure.	35504

Section 515.50. Notwithstanding division (A) of section	35505
169.05 of the Revised Code, on July 1, 2008, or as soon as	35506
possible thereafter, and upon the request of the Director of	35507
Budget and Management, the Director of Commerce shall transfer to	35508
the State Adoption Assistance Loan Fund, which is created in	35509
section 5101.143 of the Revised Code, $500,000 of unclaimed funds	35510
that have been reported by holders of unclaimed funds under	35511
section 169.05 of the Revised Code, irrespective of the	35512
allocation of the unclaimed funds under that section. The amount	35513
transferred is hereby appropriated.	35514

Notwithstanding division (A) of section 169.05 of the Revised	35515
Code, on July 1, 2009, or as soon as possible thereafter, and upon	35516
the request of the Director of Budget and Management, the Director	35517
of Commerce shall transfer to the State Adoption Assistance Loan	35518
Fund, which is created in section 5101.143 of the Revised Code,	35519
$500,000 of unclaimed funds that have been reported by holders of	35520
unclaimed funds under section 169.05 of the Revised Code,	35521
irrespective of the allocation of the unclaimed funds under that	35522
section. The amount transferred is hereby appropriated.	35523

The Director of Budget and Management shall establish	35524
accounts indicating the source and amount of funds for each	35525
appropriation made in this act, and shall determine the form and	35526
manner in which appropriation accounts shall be maintained.	35527

Section 515.60. CASH TRANSFER FROM AUTOMATED TITLE	35528
PROCESSING FUND TO TITLE DEFECT RESCISSION FUND	35529

Notwithstanding any other provision of law to the contrary,	35530
on July 1, 2008, or as soon as practicable thereafter, the	35531
Director of Budget and Management shall transfer $1,000,000 in	35532
cash from the Automated Title Processing Fund (Fund 8490) to the	35533
Title Defect Rescission Fund (Fund 4Y70).	35534

Section 610.10. That Sections 223.10 and 315.10 of Am. Sub.	35535
H.B. 67 of the 127th General Assembly be amended to read as	35536
follows:	35537

Sec. 223.10. REVENUE DISTRIBUTION

35538

Holding Account Redistribution Fund Group	35539

R24	762-619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	35540
R52	762-623	Security Deposits	$	350,000	$	350,000	35541
TOTAL 090 Holding Account							35542
Redistribution Fund Group			$	2,235,000	$	2,235,000	35543
TOTAL ALL BUDGET FUND GROUPS -							35544
Revenue Distribution			$	2,235,000	$	2,235,000	35545

TOTAL Department of Public Safety	35546

TOTAL HSF State Highway Safety					35547
Fund Group	$	510,027,743	$	~~516,663,269~~ 527,863,269	35548
TOTAL SSR State Special Revenue					35549
Fund Group	$	5,937,415	$	5,938,568	35550
TOTAL LCF Liquor Control					35551
Fund Group	$	11,435,527	$	11,546,052	35552
TOTAL GSF General Services					35553
Fund Group	$	935,862	$	989,149	35554
TOTAL FED Federal Special Revenue					35555
Fund Group	$	151,728,179	$	152,113,072	35556
TOTAL AGY Agency Fund Group	$	1,500,000	$	1,500,000	35557
TOTAL 090 Holding Account					35558
Redistribution Fund Group	$	2,235,000	$	2,235,000	35559
TOTAL ALL BUDGET FUND GROUPS	$	683,799,726	$	~~690,985,110~~ 702,185,110	35560

Sec. 315.10. OHIO TURNPIKE COMMISSION NOISE MITIGATION PILOT	35562
PROJECT	35563

~~There is hereby created the Community Resolution Fund, which~~	35564
~~shall be in the custody of the Treasurer of State but shall not be~~	35565
~~part of the state treasury.~~ Notwithstanding any other provision of	35566
law to the contrary, ~~on the first day of July in each of 2007 and~~	35567
~~2008, or as soon as practicable thereafter in each of those years,~~	35568
~~the Treasurer of State shall transfer cash in the amount of~~	35569
~~$250,000~~the Department of Transportation shall enter into an	35570
agreement on a reimbursement basis with the Ohio Turnpike	35571
Commission for up to $500,000 from the Highway Operating Fund	35572
(Fund 002) ~~to the Community Resolution Fund~~. ~~The Treasurer of~~	35573
~~State~~Under the agreement, the Department of Transportation shall	35574
pay up to $250,000 from the fund ~~early~~ in fiscal year 2008 and up	35575
to $250,000 ~~early~~from the fund in fiscal year 2009 to the Ohio	35576
Turnpike Commission, which shall use the money for the study and	35577
pilot program required by ~~the~~this section.	35578

The Ohio Turnpike Commission shall perform a study of noise	35579
impact mitigation methods or techniques that may be used as an	35580
alternative to traditional sound barriers on the turnpike project.	35581
The study shall examine the viability of alternative noise impact	35582
mitigation methods or techniques that may be installed to	35583
alleviate traffic noise that is in excess of the criteria	35584
contained in the Ohio Department of Transportation's "Standard	35585
Procedures for the Analysis and Abatement of Highway Traffic	35586
Noise." After completing the study, but before ~~June 30~~December	35587
31, 2008, the Ohio Turnpike Commission shall commence a pilot	35588
program utilizing one or more alternative noise impact mitigation	35589
methods or techniques examined in the study, and shall submit a	35590
report containing the results of the pilot program and projected	35591
costs of further implementation to the Turnpike Legislative	35592
Review Committee not later than ~~December~~June 30, ~~2008~~2009.	35593
~~After the fiscal year 2009 payment of $250,000 is made to the~~	35594
~~Ohio Turnpike Commission, the Community Resolution Fund is~~	35595
~~abolished, and the Treasurer of State shall transfer any cash~~	35596
~~balance that remains credited to that fund to the Highway~~	35597
~~Operating Fund.~~	35598

Section 610.11. That existing Sections 223.10 and 315.10 of	35599
Am. Sub. H.B. 67 of the 127th General Assembly is hereby	35600
repealed.	35601

Section 610.20. That Sections 203.50 and 209.10 of Am. Sub.	35602
H.B. 67 of the 127th General Assembly, as amended by Am. Sub.	35603
H.B. 119 of the 127th General Assembly, be amended to read as	35604
follows:	35605

Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES

35606

Of the foregoing appropriation item 772-421, Highway	35607
Construction - State, $5,000,000 shall be used in each fiscal year	35608
during the fiscal year 2008-2009 biennium by the Department of	35609
Transportation for the construction, reconstruction, or	35610
maintenance of public access roads, including support features, to	35611
and within state facilities owned or operated by the Department of	35612
Natural Resources.	35613

Notwithstanding section 5511.06 of the Revised Code, of the	35614
foregoing appropriation item 772-421, Highway Construction -	35615
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009	35616
biennium shall be used by the Department of Transportation for the	35617
construction, reconstruction, or maintenance of park drives or	35618
park roads within the boundaries of metropolitan parks.	35619

Included in the foregoing appropriation item 772-421, Highway	35620
Construction - State, the department may perform related road work	35621
on behalf of the Ohio Expositions Commission at the state	35622
fairgrounds, including reconstruction or maintenance of public	35623
access roads and support features, to and within fairground	35624
facilities as requested by the commission and approved by the	35625
Director of Transportation.	35626

HIGHWAY CONSTRUCTION - FEDERAL

35627

Of the foregoing appropriation item 772-422, Highway	35628
Construction - Federal, $200,000 in fiscal year 2008 shall be used	35629
for the Cleveland Metropolitan Park District West Creek Project.	35630

PUBLIC SCHOOL ENTRANCE IMPROVEMENTS

35631

Of the foregoing appropriation item 779-491,	35632
Administration-State, $4,000,000 in fiscal year 2008, shall be	35633
used by the Department of Transportation to make grants available	35634
for state highway improvements at public school entrances under	35635
the following conditions:	35636

(A) The school is receiving assistance from the Ohio School	35637
Facilities Commission for the renovation or construction of new	35638
school facilities.	35639

(B) The state highway improvements are to be made at	35640
entrances within school zones.	35641

Grant awards shall be limited to $500,000 per school	35642
district, and are contingent on local government officials or the	35643
participating school district, or both, matching 25 per cent of	35644
the improvement cost.	35645

LIQUIDATION OF UNFORESEEN LIABILITIES

35646

Any appropriation made to the Department of Transportation,	35647
Highway Operating Fund, not otherwise restricted by law, is	35648
available to liquidate unforeseen liabilities arising from	35649
contractual agreements of prior years when the prior year	35650
encumbrance is insufficient.	35651

Sec. 209.10. ENFORCEMENT

35652

State Highway Safety Fund Group	35653

036	764-033	Minor Capital Projects	$	1,250,000	$	1,250,000	35654
036	764-321	Operating Expense - Highway Patrol	$	253,967,276	$	~~267,539,597~~ 278,739,597	35655
036	764-605	Motor Carrier Enforcement Expenses	$	3,061,817	$	3,340,468	35656
83C	764-630	Contraband, Forfeiture, Other	$	622,894	$	622,894	35657
83F	764-657	Law Enforcement Automated Data System	$	7,945,555	$	8,275,898	35658
83G	764-633	OMVI Enforcement/Education	$	650,000	$	650,000	35659
83J	764-693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	35660
83T	764-694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	35661
831	764-610	Patrol - Federal	$	2,455,484	$	2,455,484	35662
831	764-659	Transportation Enforcement - Federal	$	5,665,690	$	6,132,592	35663
831	769-631	Homeland Security - Federal	$	1,500,000	$	1,552,500	35664
837	764-602	Turnpike Policing	$	10,893,146	$	11,553,959	35665
838	764-606	Patrol Reimbursement	$	175,000	$	175,000	35666
840	764-607	State Fair Security	$	1,396,283	$	1,396,283	35667
840	764-617	Security and Investigations	$	6,231,916	$	6,155,385	35668
840	764-626	State Fairgrounds Police Force	$	788,375	$	788,375	35669
840	769-632	Homeland Security - Operating	$	1,913,276	$	1,989,807	35670
841	764-603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	35671
TOTAL HSF State Highway Safety							35672
Fund Group			$	301,977,111	$	~~317,338,641~~ 328,538,641	35673

General Services Fund Group	35674

4S2	764-660	MARCS Maintenance	$	335,862		$	389,149		35675
TOTAL GSF General Services									35676
Fund Group				$	335,862		$	389,149		35677

TOTAL ALL BUDGET FUND GROUPS -											35678
Enforcement					$	302,312,973		$	~~317,727,790~~ 328,927,790		35679

COLLECTIVE BARGAINING INCREASES

35680

Notwithstanding division (D) of section 127.14 and division	35681
(B) of section 131.35 of the Revised Code, except for the General	35682
Revenue Fund, the Controlling Board may, upon the request of	35683
either the Director of Budget and Management, or the Department of	35684
Public Safety with the approval of the Director of Budget and	35685
Management, increase appropriations for any fund, as necessary for	35686
the Department of Public Safety, to assist in paying the costs of	35687
increases in employee compensation that have occurred pursuant to	35688
collective bargaining agreements under Chapter 4117. of the	35689
Revised Code and, for exempt employees, under section 124.152 of	35690
the Revised Code.	35691

TRAFFIC SAFETY OPERATING FUND

35692

On July 1, 2007, or as soon thereafter as possible, the	35693
Director of Budget and Management shall transfer the cash balance	35694
in the Traffic Safety Operating Fund (Fund 5AY) to the Highway	35695
Safety Fund (Fund 036). The Director of Budget and Management	35696
shall cancel any existing encumbrances against appropriation item	35697
764-688, Traffic Safety Operating, and re-establish them against	35698
appropriation item 764-321, Operating Expense – Highway Patrol.	35699
The amounts of the re-established encumbrances are hereby	35700
appropriated. Upon completion of these transfers, the Traffic	35701
Safety Operating Fund (Fund 5AY) is hereby abolished.	35702

CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND

35703

Effective July 1, 2007, the Treasurer of State, prior to	35704
making any of the distributions listed in sections 5735.23,	35705
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	35706
at least the first $1,250,000 and up to $1,600,000 received each	35707
month to the credit of the State Highway Safety Fund (Fund 036)	35708
pursuant to a schedule determined by the Director of Budget and	35709
Management.	35710

Section 610.21. That existing Sections 203.50 and 209.10 of	35711
Am. Sub. H.B. 67 of the 127th General Assembly, as amended by	35712
Am. Sub. H.B. 119 of the 127th General Assembly, are hereby	35713
repealed.	35714

Section 610.30. That Section 201.10 of Am. Sub. H.B. 100 of	35715
the 127th General Assembly be amended to read as follows:	35716

Sec. 201.10. All items in this section are hereby	35717
appropriated out of any moneys in the state treasury to the credit	35718
of the designated fund. For all appropriations made in ~~this act~~	35719
Am. Sub. H.B. 100 of the 127th General Assembly, those in the	35720
first column are for fiscal year 2008, and those in the second	35721
column are for fiscal year 2009.	35722

FND

AI TITLE

Appropriations

35723

BWC BUREAU OF WORKERS' COMPENSATION	35724

Workers' Compensation Fund Group	35725

023	855-401	William Green Lease Payments to OBA	$	20,436,600	$	20,686,500	35726
023	855-407	Claims, Risk & Medical Management	$	140,367,719	$	140,367,719	35727
023	855-408	Fraud Prevention	$	11,772,551	$	11,772,551	35728
023	855-409	Administrative Services	$	122,962,388	$	122,962,388	35729
023	855-410	Attorney General Payments	$	4,444,085	$	4,444,085	35730
822	855-606	Coal Workers' Fund	$	91,894	$	91,894	35731
823	855-608	Marine Industry	$	53,952	$	53,952	35732
825	855-605	Disabled Workers Relief Fund	$	488,282	$	492,500	35733
826	855-609	Safety & Hygiene Operating	$	20,734,750	$	20,734,750	35734
826	855-610	Safety Grants Program	$	4,000,000	$	~~4,000,000~~ 6,500,000	35735
829	855-604	Long Term Care Loan Program	$	2,000,000	$	2,000,000	35736
TOTAL WCF Workers' Compensation							35737
Fund Group			$	327,352,221	$	~~327,606,339~~ 330,106,339	35738

Federal Special Revenue Fund Group	35739

349	855-601	OSHA Enforcement	$	1,604,140	$	1,604,140	35740
TOTAL FED Federal Special Revenue Fund Group			$	1,604,140	$	1,604,140	35741
TOTAL ALL BUDGET FUND GROUPS			$	328,956,361	$	~~329,210,479~~ 331,710,479	35742

WILLIAM GREEN LEASE PAYMENTS

35743

The foregoing appropriation item 855-401, William Green Lease	35744
Payments to OBA, shall be used for lease payments to the Ohio	35745
Building Authority, and these appropriations shall be used to meet	35746
all payments at the times they are required to be made during the	35747
period from July 1, 2007, to June 30, 2009, by the Bureau of	35748
Workers' Compensation to the Ohio Building Authority pursuant to	35749
leases and agreements made under Chapter 152. of the Revised Code	35750
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly.	35751
Of the amounts received in Fund 023, appropriation item 855-401,	35752
William Green Lease Payments to OBA, up to $41,123,100 shall be	35753
restricted for lease rental payments to the Ohio Building	35754
Authority. If it is determined that additional appropriations are	35755
necessary for such purpose, such amounts are hereby appropriated.	35756

Notwithstanding any other provision of law to the contrary,	35757
all tenants of the William Green Building not funded by the	35758
Workers' Compensation Fund (Fund 023) shall pay their fair share	35759
of the costs of lease payments to the Workers' Compensation Fund	35760
(Fund 023) by intrastate transfer voucher.	35761

WORKERS' COMPENSATION FRAUD UNIT

35762

The Workers' Compensation Section Fund (Fund 195) shall	35763
receive payments from the Bureau of Workers' Compensation at the	35764
beginning of each quarter of each fiscal year to fund expenses of	35765
the Workers' Compensation Fraud Unit of the Attorney General's	35766
Office. Of the foregoing appropriation item 855-410, Attorney	35767
General Payments, $796,346 in fiscal year 2008 and $796,346 in	35768
fiscal year 2009 shall be used to provide these payments.	35769

SAFETY AND HYGIENE

35770

Notwithstanding section 4121.37 of the Revised Code, the	35771
Administrator of Workers' Compensation shall transfer moneys from	35772
the State Insurance Fund so that appropriation item 855-609,	35773
Safety and Hygiene Operating, is provided $20,734,750 in fiscal	35774
year 2008 and $20,734,750 in fiscal year 2009.	35775

OSHA ON-SITE CONSULTATION PROGRAM

35776

The Bureau of Workers' Compensation may designate a portion	35777
of appropriation item 855-609, Safety and Hygiene Operating, to be	35778
used to match federal funding for the federal Occupational Safety	35779
and Health Administration's (OSHA) on-site consultation program.	35780

VOCATIONAL REHABILITATION

35781

The Bureau of Workers' Compensation and the Rehabilitation	35782
Services Commission shall enter into an interagency agreement for	35783
the provision of vocational rehabilitation services and staff to	35784
mutually eligible clients. The bureau shall provide $605,407 in	35785
fiscal year 2008 and $605,407 in fiscal year 2009 from the State	35786
Insurance Fund to fund vocational rehabilitation services and	35787
staff in accordance with the interagency agreement.	35788

FUND BALANCE

35789

Any unencumbered cash balance in excess of $45,000,000 in the	35790
Workers' Compensation Fund (Fund 023) on the thirtieth day of June	35791
of each fiscal year shall be used to reduce the administrative	35792
cost rate charged to employers to cover appropriations for Bureau	35793
of Workers' Compensation operations.	35794

HOLDING ACCOUNT

35795

On July 1, 2007, or as soon as possible thereafter, the	35796
Director of Budget and Management shall transfer the remaining	35797
cash balance in the Camera Center Fund (Fund R46) to the	35798
Administrative Fund (Fund 023). After the transfer, the Camera	35799
Center Fund is abolished.	35800

Section 610.31. That existing Section 201.10 of Am. Sub.	35801
H.B. 100 of the 127th General Assembly is hereby repealed.	35802

Section 610.40. That Sections 207.20.50, 207.20.70,	35803
207.30.10, 207.30.20, 207.30.30, 219.10, 235.10, 261.10, 263.10,	35804
263.20.10, 263.20,80, 263.30.10, 269.30.30, 269.30.70, 269.40.50,	35805
269.50.30, 275.10, 293.10, 299.10, 307.10, 309.10, 309.30.13,	35806
309.30.30, 309.30.40, 309.30.41, 309.30.42, 309.40.33, 337.30,	35807
337.30.43, 337.40, 337.40.15, 369.10, 375.10, 379.10, 393.10,	35808
405.10, 407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119	35809
of the 127th General Assembly be amended to read as follows:	35810

Sec. 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

35811

Effective with the implementation of the Multi-Agency Radio	35812
Communications System, the ~~State Chief Information Officer~~	35813
Department of Administrative Services shall collect user fees	35814
from participants in the system. ~~The~~Under the direction of the	35815
Director of Administrative Services, the State Chief Information	35816
Officer, with the advice of the Multi-Agency Radio Communications	35817
System Steering Committee and the Director of Budget and	35818
Management, shall determine the amount of the fees and the manner	35819
by which the fees shall be collected. Such user charges shall	35820
comply with the applicable cost principles issued by the federal	35821
Office of Management and Budget. All moneys from user charges and	35822
fees shall be deposited in the state treasury to the credit of	35823
the Multi-Agency Radio Communications System Administration Fund	35824
(Fund 5C2), which is hereby established in the state treasury.	35825
All interest income derived from the investment of the fund shall	35826
accrue to the fund.	35827

Sec. 207.20.70. OAKS SUPPORT ORGANIZATION

35828

The foregoing appropriation item 100-635, OAKS Support	35829
Organization, shall be used by the ~~Office of Information~~	35830
~~Technology~~Department of Administrative Services to support the	35831
operating costs associated with the implementation and	35832
maintenance of the state's enterprise resource planning system,	35833
OAKS, consistent with its responsibilities under this section and	35834
Chapters 125. and 126. of the Revised Code. The OAKS Support	35835
Organization shall operate and maintain the human capital	35836
management and financial management modules of the state's	35837
enterprise resource planning system to support statewide human	35838
resources and financial management activities administered by the	35839
Department of Administrative Services' human resources division	35840
and the Office of Budget and Management. The OAKS Support	35841
Organization shall recover the costs to establish, operate, and	35842
maintain the OAKS system through intrastate transfer voucher	35843
billings to the Department of Administrative Services and the	35844
Office of Budget and Management. Effective July 1, 2007, the	35845
Department of Administrative Services, with the approval of the	35846
Director of Budget and Management, shall include the recovery of	35847
the costs of administering the human capital management module of	35848
the OAKS System within the human resources services payroll rate.	35849
These revenues shall be deposited to the credit of the Human	35850
Resources Services Fund (Fund 125). Amounts deposited under this	35851
section are hereby appropriated to appropriation item 100-622,	35852
Human Resources Division-Operating. Not less than quarterly, the	35853
Department of Administrative Services shall process the intrastate	35854
transfer billings to transfer cash from the Human Resources	35855
Services Fund (Fund 125) to the OAKS Support Organization Fund	35856
(Fund 5EB) to pay for the OAKS Support Organization costs.	35857

Sec. 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND

35858

(A) As used in this section, "Ohio Business Gateway" refers	35859
to the internet-based system operated by the ~~Office of Information~~	35860
~~Technology~~Department of Administrative Services with the advice	35861
of the Ohio Business Gateway Steering Committee established under	35862
section 5703.57 of the Revised Code. The Ohio Business Gateway is	35863
established to provide businesses a central web site where	35864
various filings and payments are submitted on-line to government.	35865
The information is then distributed to the various government	35866
entities that interact with the business community.	35867

(B) As used in this section:

35868

(1) "State Portal" refers to the official web site of the	35869
state, operated by the ~~Office of Information Technology~~Department	35870
of Administrative Services.	35871

(2) "Shared Hosting Environment" refers to the computerized	35872
system operated by the ~~Office of Information Technology~~Department	35873
of Administrative Services for the purpose of providing	35874
capability for state agencies to host web sites.	35875

(C) There is hereby created in the state treasury the	35876
Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing	35877
appropriation item 100-634, Centralized Gateway Enhancements,	35878
shall be used by the ~~Office of Information Technology~~Department	35879
of Administrative Services to pay the costs of enhancing,	35880
expanding, and operating the infrastructure of the Ohio Business	35881
Gateway, State Portal, and Shared Hosting Environment. ~~The~~Under	35882
the direction of the Director of Administrative Services, the	35883
State Chief Information Officer shall submit periodic spending	35884
plans to the Director of Budget and Management to justify	35885
operating transfers to the fund from the General Revenue Fund.	35886
Upon approval, the Director of Budget and Management shall	35887
transfer approved amounts to the fund, not to exceed the amount	35888
of the annual appropriation in each fiscal year. The spending	35889
plans may be based on the recommendations of the Ohio Business	35890
Gateway Steering Committee or its successor.	35891

Sec. 207.30.20. MAJOR IT PURCHASES AND CONTRACTS

35892

The Director of Administrative Services shall, on the	35893
effective date of this amendment, replace the Director and Chief	35894
Information Officer of the Office of Information Technology in all	35895
contracts executed pursuant to section 125.18 of the Revised Code	35896
and in matters relating to those contracts. Contracts entered into	35897
prior to the effective date of this amendment shall remain in full	35898
force and effect.	35899

Under the direction of the Director of Administrative	35900
Services, the State Chief Information Officer shall compute the	35901
amount of revenue attributable to the amortization of all	35902
equipment purchases and capitalized systems from appropriation	35903
item 100-607, IT ~~Service~~Services Delivery; appropriation item	35904
100-617, Major IT Purchases; and appropriation item CAP-837, Major	35905
IT Purchases, which is recovered by the Office of Information	35906
Technology as part of the rates charged by the IT Service	35907
Delivery Fund (Fund 133) created in section 125.15 of the Revised	35908
Code. The Director of Budget and Management may transfer cash in	35909
an amount not to exceed the amount of amortization computed from	35910
the IT Service Delivery Fund (Fund 133) to the Major IT Purchases	35911
Fund (Fund 4N6).	35912

On or before June 30, 2008, any unencumbered amounts of the	35913
foregoing appropriation item 100-607, IT Services Delivery, that	35914
are attributable to implementation of the NextGen Network for	35915
fiscal year 2008 are hereby appropriated for the same purpose for	35916
fiscal year 2009.	35917

Sec. 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT

35918

~~The~~Under the direction of the Director of Administrative	35919
Services, the State Chief Information Officer, with the approval	35920
of the Director of Budget and Management, may establish an	35921
information technology assessment for the purpose of recovering	35922
the cost of selected infrastructure and statewide programs. Such	35923
assessment shall comply with applicable cost principles issued by	35924
the federal Office of Management and Budget. The information	35925
technology assessment shall be charged to all organized bodies,	35926
offices, or agencies established by the laws of the state for the	35927
exercise of any function of state government except for the	35928
General Assembly, any legislative agency, the Supreme Court, the	35929
other courts of record in Ohio, or any judicial agency, the	35930
Adjutant General, the Bureau of Workers' Compensation, and	35931
institutions administered by a board of trustees. Any	35932
state-entity exempted by this section may utilize the	35933
infrastructure or statewide program by participating in the	35934
information technology assessment. All charges for the	35935
information technology assessment shall be deposited to the	35936
credit of the IT Governance Fund (Fund 229).	35937

Sec. 219.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	35938
SERVICES	35939

General Revenue Fund	35940

GRF	038-321	Operating Expenses	$	1,071,861	$	1,071,861	35941
GRF	038-401	Treatment Services	$	38,661,063	$	41,661,063	35942
GRF	038-404	Prevention Services	$	1,052,127	$	1,552,127	35943
TOTAL GRF General Revenue Fund			$	40,785,051	$	44,285,051	35944

General Services Fund	35945

5T9	038-616		Problem Gambling Services		$	285,000		$	285,000		35946
TOTAL GSF General Services Fund Group					$	285,000		$	285,000		35947

Federal Special Revenue Fund Group	35948

3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	35949
3G4	038-614	Substance Abuse Block Grant	$	73,000,000	$	73,000,000	35950
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	35951
3J8	038-610	Medicaid	$	46,000,000	$	46,000,000	35952
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	35953
TOTAL FED Federal Special Revenue							35954
Fund Group			$	130,093,075	$	130,093,075	35955

State Special Revenue Fund Group	35956

475	038-621	Statewide Treatment and Prevention	$	18,000,000	$	18,000,000	35957
5BR	038-406	Tobacco Use Prevention and Control Program	$	205,000	$	205,000	35958
5DH	038-620	Fetal Alcohol Spectrum Disorder	$	327,500	$	327,500	35959
689	038-604	Education and Conferences	$	350,000	$	350,000	35960
TOTAL SSR State Special Revenue							35961
Fund Group			$	18,882,500	$	18,882,500	35962
TOTAL ALL BUDGET FUND GROUPS			$	190,045,626	$	193,545,626	35963

TREATMENT SERVICES

35964

Of the foregoing appropriation item 038-401, Treatment	35965
Services, not more than $8,190,000 shall be used by the Department	35966
of Alcohol and Drug Addiction Services for program grants for	35967
priority populations in each year of the biennium.	35968

SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN

35969

Of the foregoing appropriation item 038-401, Treatment	35970
Services, $4 million in each fiscal year shall be used to provide	35971
substance abuse services to families involved in the child welfare	35972
system under the requirements of Am. Sub. H.B. 484 of the 122nd	35973
General Assembly.	35974

THERAPEUTIC COMMUNITIES

35975

Of the foregoing appropriation item 038-401, Treatment	35976
Services, $750,000 shall be used in each fiscal year for the	35977
Therapeutic Communities Program in the Department of	35978
Rehabilitation and Correction.	35979

JUVENILE AFTERCARE PROGRAM

35980

Of the foregoing appropriation item 038-401, Treatment	35981
Services, $2,500,000 shall be used in fiscal year 2009 for the	35982
Juvenile Aftercare Program to provide community-based alcohol and	35983
other drug treatment to parolees from the Department of Youth	35984
Services.	35985

SERVICES FOR TANF ELIGIBLE INDIVIDUALS

35986

Of the foregoing appropriation item 038-401, Treatment	35987
Services, $5 million in each fiscal year shall be used for	35988
TANF-eligible expenses for substance abuse prevention and	35989
treatment services to children or their families whose income is	35990
at or below 200 per cent of the federal poverty level.	35991

INTERNAL REVIEW

35992

The Director of Alcohol and Drug Addiction Services shall	35993
consult with the Director of Budget and Management and	35994
representatives of local and county alcohol and drug addiction	35995
services agencies to conduct an internal review of policies and	35996
procedures to increase efficiency and identify and eliminate	35997
duplicative practices. Any savings identified as a result of the	35998
internal review shall be used for community-based care.	35999

The Director of Alcohol and Drug Addiction Services shall	36000
seek Controlling Board approval before expending any funds	36001
identified as a result of the internal review.	36002

Sec. 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

36003

General Revenue Fund	36004

GRF	874-100	Personal Services	$	2,057,000	$	~~2,057,000~~ 2,201,612	36005
GRF	874-320	Maintenance and Equipment	$	1,085,837	$	1,080,837	36006
TOTAL GRF General Revenue Fund			$	3,142,837	$	~~3,137,837~~ 3,282,449	36007

General Services Fund Group	36008

4G5	874-603	Capitol Square Education Center and Arts	$	15,000	$	15,000	36009
4S7	874-602	Statehouse Gift Shop/Events	$	650,484	$	650,484	36010
TOTAL GSF General Services							36011
Fund Group			$	665,484	$	665,484	36012

Underground Parking Garage	36013

208	874-601	Underground Parking Garage Operations	$	~~2,706,993~~ 2,754,993	$	~~2,706,993~~ 2,754,993	36014
TOTAL UPG Underground Parking							36015
Garage			$	~~2,706,993~~ 2,754,993	$	~~2,706,993~~ 2,754,993	36016
TOTAL ALL BUDGET FUND GROUPS			$	~~6,515,314~~ 6,563,314	$	~~6,510,314~~ 6,702,926	36017

WAREHOUSE PAYMENTS

36018

If the Capitol Square Review and Advisory Board purchases a	36019
warehouse under section 105.41 of the Revised Code, $48,000 in	36020
each fiscal year of the foregoing appropriation item 874-601,	36021
Underground Parking Garage Operations, shall be used to meet all	36022
payments at the times they are required to be made during the	36023
period from July 1, 2007, to June 30, 2009, by the Board to the	36024
Ohio Building Authority for bond service charges relating to the	36025
purchase and improvement of the warehouse in which to store items	36026
of the Capitol Collection Trust and, whenever necessary,	36027
equipment or other property of the Board.	36028

Sec. 261.10. BDP BOARD OF DEPOSIT

36029

General Services Fund Group	36030

4M2	974-601	Board of Deposit	$	1,676,000	$	~~1,676,000~~ 1,876,000	36031
TOTAL GSF General Services Fund							36032
Group			$	1,676,000	$	~~1,676,000~~ 1,876,000	36033
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	~~1,676,000~~ 1,876,000	36034

BOARD OF DEPOSIT EXPENSE FUND

36035

Upon receiving certification of expenses from the Treasurer	36036
of State, the Director of Budget and Management shall transfer	36037
cash from the Investment Earnings Redistribution Fund (Fund 608)	36038
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	36039
shall be used pursuant to section 135.02 of the Revised Code to	36040
pay for any and all necessary expenses of the Board of Deposit or	36041
for banking charges and fees required for the operation of the	36042
State of Ohio Regular Account.	36043

Sec. 263.10. DEV DEPARTMENT OF DEVELOPMENT

36044

General Revenue Fund	36045

GRF	195-401	Thomas Edison Program	$	19,404,838	$	17,978,483	36046
GRF	195-404	Small Business Development	$	1,740,722	$	1,792,944	36047
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,627,700	36048
GRF	195-407	Travel and Tourism	$	1,800,000	$	1,800,000	36049
GRF	195-410	Defense Conversion Assistance	$	5,000,000	$	0	36050
GRF	195-412	Rapid Outreach Grants	$	10,750,000	$	10,000,000	36051
GRF	195-415	Economic Development Division and Regional Offices	$	5,894,975	$	6,071,824	36052
GRF	195-416	Governor's Office of Appalachia	$	4,746,043	$	4,746,043	36053
GRF	195-422	Third Frontier Action Fund	$	18,790,000	$	16,790,000	36054
GRF	195-426	Clean Ohio Implementation	$	300,000	$	309,000	36055
GRF	195-432	International Trade	$	4,650,501	$	4,650,501	36056
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,594,325	36057
GRF	195-436	Labor/Management Cooperation	$	836,225	$	836,225	36058
GRF	195-497	CDBG Operating Match	$	1,072,184	$	1,072,184	36059
GRF	195-498	State Match Energy	$	96,820	$	96,820	36060
GRF	195-501	Appalachian Local Development Districts	$	391,482	$	391,482	36061
GRF	195-502	Appalachian Regional Commission Dues	$	254,208	$	254,208	36062
GRF	195-507	Travel and Tourism Grants	$	1,130,000	$	~~1,115,000~~ 1,165,000	36063
GRF	195-516	Shovel Ready Sites	$	1,000,000	$	1,000,000	36064
GRF	195-520	Ohio Main Street Program	$	750,000	$	250,000	36065
GRF	195-521	Discover Ohio!	$	7,182,845	$	8,182,845	36066
GRF	195-905	Third Frontier Research & Development General Obligation Debt Service	$	14,349,500	$	24,523,400	36067
GRF	195-912	Job Ready Site Development General Obligation Debt Service	$	4,359,400	$	8,232,500	36068
TOTAL GRF General Revenue Fund			$	118,307,534	$	~~124,315,484~~ 124,365,484	36069

General Services Fund Group	36070

135	195-684	Supportive Services	$	11,699,404	$	11,321,444	36071
5AD	195-667	Investment in Training Expansion	$	2,000,000	$	0	36072
5AD	195-668	Workforce Guarantee Program	$	1,000,000	$	0	36073
5AD	195-677	Economic Development Contingency	$	5,000,000	$	24,400,000	36074
5W5	195-690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	36075
5W6	195-691	International Trade Cooperative Projects	$	300,000	$	300,000	36076
685	195-636	Direct Cost Recovery Expenditures	$	800,000	$	800,000	36077
TOTAL GSF General Services Fund							36078
Group			$	21,149,404	$	37,171,444	36079

Federal Special Revenue Fund Group	36080

3AE	195-643	Workforce Development Initiatives	$	5,839,900	$	5,860,000	36081
3BJ	195-685	TANF Heating Assistance	$	45,000,000	$	15,000,000	36082
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	36083
3K9	195-611	Home Energy Assistance Block Grant	$	110,000,000	$	110,000,000	36084
3K9	195-614	HEAP Weatherization	$	22,000,000	$	22,000,000	36085
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	36086
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	36087
308	195-602	Appalachian Regional Commission	$	475,000	$	475,000	36088
308	195-603	Housing and Urban Development	$	6,000,000	$	6,000,000	36089
308	195-605	Federal Projects	$	27,000,000	$	27,000,000	36090
308	195-609	Small Business Administration	$	4,296,381	$	4,396,381	36091
308	195-618	Energy Federal Grants	$	3,400,000	$	3,400,000	36092
335	195-610	Energy Conservation and Emerging Technology	$	2,200,000	$	2,200,000	36093
TOTAL FED Federal Special Revenue							36094
Fund Group			$	356,446,281	$	326,566,381	36095

State Special Revenue Fund Group	36096

4F2	195-639	State Special Projects	$	518,393	$	518,393	36097
4F2	195-676	Marketing Initiatives	$	5,000,000	$	1,000,000	36098
4S0	195-630	Tax Incentive Programs	$	650,800	$	650,800	36099
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	36100
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	36101
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	36102
451	195-625	Economic Development Financing Operating	$	3,233,311	$	3,233,311	36103
5AR	195-674	Industrial Site Improvements	$	4,500,000	$	4,500,000	36104
5CG	195-679	Alternative Fuel Transportation	$	1,500,000	$	1,000,000	36105
5DU	195-689	Energy Projects	$	840,000	$	840,000	36106
5M4	195-659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	36107
5M5	195-660	Advanced Energy Programs	$	17,000,000	$	17,000,000	36108
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	36109
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	36110
617	195-654	Volume Cap Administration	$	200,000	$	200,000	36111
646	195-638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	36112
TOTAL SSR State Special Revenue							36113
Fund Group			$	334,641,556	$	330,141,556	36114

Facilities Establishment Fund Group	36115

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	36116
010	195-665	Research and Development	$	50,000,000	$	50,000,000	36117
037	195-615	Facilities Establishment	$	110,000,000	$	110,000,000	36118
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	36119
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	36120
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	36121
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	36122
TOTAL 037 Facilities							36123
Establishment Fund Group			$	224,475,000	$	224,475,000	36124

Clean Ohio Revitalization Fund	36125

003	195-663		Clean Ohio Operating		$	625,000		$	550,000		36126
TOTAL 003 Clean Ohio Revitalization Fund					$	625,000		$	550,000		36127

Third Frontier Research & Development Fund Group	36128

011	195-686	Third Frontier Operating	$	1,932,056	$	1,932,056	36129
011	195-687	Third Frontier Research & Development Projects	$	94,000,000	$	72,000,000	36130
014	195-692	Research & Development Taxable Bond Projects	$	28,000,000	$	28,000,000	36131
TOTAL 011 Third Frontier Research & Development Fund Group			$	123,932,056	$	101,932,056	36132

Job Ready Site Development Fund Group	36133

012	195-688		Job Ready Site Operating		$	1,246,155		$	1,246,155		36134
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		36135

TOTAL ALL BUDGET FUND GROUPS

1,180,822,986

~~1,146,398,076~~ 1,146,448,076

36136

Sec. 263.20.10. TRAVEL AND TOURISM GRANTS

36138

The foregoing appropriation item 195-507, Travel and Tourism	36139
Grants, shall be used to provide grants to local organizations to	36140
support various local travel and tourism events in Ohio.	36141

Of the foregoing appropriation item 195-507, Travel and	36142
Tourism Grants, $50,000 in each fiscal year shall be used for the	36143
Cleveland Film Bureau.	36144

Of the foregoing appropriation item 195-507, Travel and	36145
Tourism Grants, $50,000 in each fiscal year shall be used for the	36146
Cincinnati Film Bureau.	36147

Of the foregoing appropriation item 195-507, Travel and	36148
Tourism Grants, $500,000 in each fiscal year shall be used for	36149
grants to The International Center for the Preservation of Wild	36150
Animals.	36151

Of the foregoing appropriation item 195-507, Travel and	36152
Tourism Grants, $50,000 in each fiscal year shall be used for the	36153
Greater Cleveland Sports Commission.	36154

Of the foregoing appropriation item 195-507, Travel and	36155
Tourism Grants, $50,000 in each fiscal year shall be used for the	36156
Greater Columbus Sports Commission.	36157

Of the foregoing appropriation item 195-507, Travel and	36158
Tourism Grants, $50,000 in each fiscal year ~~2008~~ shall be used for	36159
the Ohio Alliance of Science Centers.	36160

Of the foregoing appropriation item 195-507, Travel and	36161
Tourism Grants, $100,000 in each fiscal year shall be used for the	36162
Harbor Heritage Society/Great Lakes Science Center in support of	36163
operations of the Steamship William G. Mather Maritime Museum, and	36164
$100,000 in each fiscal year shall be used for the Great Lakes	36165
Historical Society.	36166

Of the foregoing appropriation item 195-507, Travel and	36167
Tourism Grants, $35,000 in fiscal year 2009 shall be used for the	36168
Ohio Junior Angus Association to assist with costs associated with	36169
hosting the Eastern Regional Junior Angus Show in June 2009.	36170

Of the foregoing appropriation item 195-507, Travel and	36171
Tourism Grants, $60,000 in each fiscal year shall be used for the	36172
Ohio River Trails program.	36173

Of the foregoing appropriation item 195-507, Travel and	36174
Tourism Grants, $60,000 in each fiscal year shall be used to	36175
support the outdoor drama "Tecumseh!"	36176

Of the foregoing appropriation item 195-507, Travel and	36177
Tourism Grants, $25,000 in each fiscal year shall be used for	36178
Ohio's Appalachian Country.	36179

Of the foregoing appropriation item 195-507, Travel and	36180
Tourism Grants, $25,000 in each fiscal year shall be used for the	36181
Garst Museum.	36182

Of the foregoing appropriation item 195-507, Travel and	36183
Tourism Grants, $10,000 in each fiscal year shall be used for the	36184
Pro Football Hall of Fame Festival.	36185

Sec. 263.20.80. FACILITIES ESTABLISHMENT FUND

36186

The foregoing appropriation item 195-615, Facilities	36187
Establishment (Fund 037), shall be used for the purposes of the	36188
Facilities Establishment Fund under Chapter 166. of the Revised	36189
Code.	36190

Notwithstanding Chapter 166. of the Revised Code, an amount	36191
not to exceed $1,800,000 in cash each fiscal year may be	36192
transferred from the Facilities Establishment Fund (Fund 037) to	36193
the Economic Development Financing Operating Fund (Fund 451). The	36194
transfer is subject to Controlling Board approval under division	36195
(B) of section 166.03 of the Revised Code.	36196

Notwithstanding Chapter 166. of the Revised Code, an amount	36197
not to exceed $5,475,000 in cash each fiscal year may be	36198
transferred during the biennium from the Facilities Establishment	36199
Fund (Fund 037) to the Urban Redevelopment Loans Fund (Fund 5D2)	36200
for the purpose of removing barriers to urban core redevelopment.	36201
The Director of Development shall develop program guidelines for	36202
the transfer and release of funds, including, but not limited to,	36203
the completion of all appropriate environmental assessments before	36204
state assistance is committed to a project. The transfers shall be	36205
subject to approval by the Controlling Board upon the submission	36206
of a request by the Department of Development.	36207

Notwithstanding Chapter 166. of the Revised Code, an amount	36208
not to exceed $3,000,000 in cash each fiscal year may be	36209
transferred from the Facilities Establishment Fund (Fund 037) to	36210
the Rural Industrial Park Loan Fund (Fund 4Z6). The transfer is	36211
subject to Controlling Board approval under section 166.03 of the	36212
Revised Code.	36213

Notwithstanding Chapter 166. of the Revised Code, of the	36214
foregoing appropriation item 195-615, Facilities Establishment,	36215
$1,500,000 in fiscal year 2008 shall be used for business	36216
development by any current or future port authority located in	36217
Clark County.	36218

Notwithstanding Chapter 166. of the Revised Code, on July 1,	36219
2007, or as soon as possible thereafter, the Director of Budget	36220
and Management, at the request of the Director of Development,	36221
shall transfer $5,719,325 cash from the Facilities Establishment	36222
Fund (Fund 037) to the General Revenue Fund. Of the amount to be	36223
transferred, $5,352,500 in fiscal year 2008 is hereby appropriated	36224
in appropriation item 195-412, Rapid Outreach Grants, and $366,825	36225
in fiscal year 2008 is hereby appropriated in appropriation item	36226
195-434, Investment in Training Grants.	36227

Notwithstanding Chapter 166. of the Revised Code, on July 1,	36228
2008, or as soon as possible thereafter, the Director of Budget	36229
and Management may transfer up to $2,000,000 cash from the	36230
Facilities Establishment Fund (Fund 037) to the Workforce	36231
Development Initiatives Fund (Fund 3AE).	36232

Notwithstanding Chapter 166. of the Revised Code, on July 1,	36233
2008, or as soon as possible thereafter, the Director of Budget	36234
and Management, at the request of the Director of Development,	36235
shall transfer $6,102,500 cash from the Facilities Establishment	36236
Fund (Fund 037) to the General Revenue Fund. The amount	36237
transferred is hereby appropriated in appropriation item 195-412,	36238
Rapid Outreach Grants, for fiscal year 2009.	36239

Notwithstanding Chapter 166. of the Revised Code, on the	36240
first day of July of each year of the biennium, or as soon as	36241
possible thereafter, the Director of Budget and Management, at the	36242
request of the Director of Development, shall transfer $4,275,000	36243
cash from the Facilities Establishment Fund (Fund 037) to the Job	36244
Development Initiatives Fund (Fund 5AD). The amount transferred is	36245
hereby appropriated in each fiscal year in appropriation item	36246
195-677, Economic Development Contingency.	36247

Notwithstanding Chapter 166. of the Revised Code, of the	36248
foregoing appropriation item 195-615, Facilities Establishment,	36249
$1,500,000 in fiscal year 2008 shall be used for the City of	36250
Toledo's Marina District Development project. Disbursement of	36251
funds for this purpose shall not take precedence over any existing	36252
obligations from the Facilities Establishment Fund or any other	36253
provision in this section.	36254

ALTERNATIVE FUEL TRANSPORTATION GRANT FUND

36255

Notwithstanding Chapter 166. of the Revised Code, an amount	36256
not to exceed $1,000,000 in cash each fiscal year shall be	36257
transferred from moneys in the Facilities Establishment Fund (Fund	36258
037) to the Alternative Fuel Transportation Grant Fund (Fund 5CG)	36259
in the Department of Development.	36260

RURAL DEVELOPMENT INITIATIVE FUND

36261

(A)(1) The Rural Development Initiative Fund (Fund 5S8) is	36262
entitled to receive moneys from the Facilities Establishment Fund	36263
(Fund 037). The Director of Development may make grants from the	36264
Rural Development Initiative Fund as specified in division (A)(2)	36265
of this section to eligible applicants in Appalachian counties and	36266
in rural counties in the state that are designated as distressed	36267
under section 122.25 of the Revised Code. Preference shall be	36268
given to eligible applicants located in Appalachian counties	36269
designated as distressed by the federal Appalachian Regional	36270
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	36271
cease to exist after June 30, 2009. All moneys remaining in the	36272
Fund after that date shall revert to the Facilities Establishment	36273
Fund (Fund 037).	36274

(2) The Director of Development shall make grants from the	36275
Rural Development Initiative Fund (Fund 5S8) only to eligible	36276
applicants who also qualify for and receive funding under the	36277
Rural Industrial Park Loan Program as specified in sections 122.23	36278
to 122.27 of the Revised Code. Eligible applicants shall use the	36279
grants for the purposes specified in section 122.24 of the Revised	36280
Code. All projects supported by grants from the fund are subject	36281
to Chapter 4115. of the Revised Code as specified in division (E)	36282
of section 166.02 of the Revised Code. The Director shall develop	36283
program guidelines for the transfer and release of funds. The	36284
release of grant moneys to an eligible applicant is subject to	36285
Controlling Board approval.	36286

(B) Notwithstanding Chapter 166. of the Revised Code, the	36287
Director of Budget and Management may transfer an amount not to	36288
exceed $3,000,000 in cash each fiscal year on an as-needed basis	36289
at the request of the Director of Development from the Facilities	36290
Establishment Fund (Fund 037) to the Rural Development Initiative	36291
Fund (Fund 5S8). The transfer is subject to Controlling Board	36292
approval under section 166.03 of the Revised Code.	36293

CAPITAL ACCESS LOAN PROGRAM

36294

The foregoing appropriation item 195-628, Capital Access Loan	36295
Program, shall be used for operating, program, and administrative	36296
expenses of the program. Funds of the Capital Access Loan Program	36297
shall be used to assist participating financial institutions in	36298
making program loans to eligible businesses that face barriers in	36299
accessing working capital and obtaining fixed-asset financing.	36300

Notwithstanding Chapter 166. of the Revised Code, the	36301
Director of Budget and Management may transfer an amount not to	36302
exceed $3,000,000 in cash each fiscal year on an as-needed basis	36303
at the request of the Director of Development from the Facilities	36304
Establishment Fund (Fund 037) to the Capital Access Loan Program	36305
Fund (Fund 5S9). The transfer is subject to Controlling Board	36306
approval under section 166.03 of the Revised Code.	36307

Sec. 263.30.10. UNCLAIMED FUNDS TRANSFER

36308

(A) Notwithstanding division (A) of section 169.05 of the	36309
Revised Code, upon the request of the Director of Budget and	36310
Management, the Director of Commerce, prior to June 30, 2008,	36311
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	36312
an amount not to exceed $5,000,000 in cash of the unclaimed funds	36313
that have been reported by the holders of unclaimed funds under	36314
section 169.05 of the Revised Code, regardless of the allocation	36315
of the unclaimed funds described under that section.	36316

Notwithstanding division (A) of section 169.05 of the Revised	36317
Code, upon the request of the Director of Budget and Management,	36318
the Director of Commerce, prior to June 30, 2009, shall transfer	36319
to the Job Development Initiatives Fund (Fund 5AD) an amount not	36320
to exceed $24,400,000 in cash of the unclaimed funds that have	36321
been reported by the holders of unclaimed funds under section	36322
169.05 of the Revised Code, regardless of the allocation of the	36323
unclaimed funds described under that section.	36324

(B) Notwithstanding division (A) of section 169.05 of the	36325
Revised Code, upon the request of the Director of Budget and	36326
Management, the Director of Commerce, prior to June 30, 2008,	36327
shall transfer to the State Special Projects Fund (Fund 4F2) an	36328
amount not to exceed ~~$2,500,000~~$5,000,000 of the unclaimed funds	36329
that have been reported by the holders of unclaimed funds under	36330
section 169.05 of the Revised Code, regardless of the allocation	36331
of the unclaimed funds described under that section.	36332

Notwithstanding division (A) of section 169.05 of the Revised	36333
Code, upon the request of the Director of Budget and Management,	36334
the Director of Commerce, prior to June 30, 2009, shall transfer	36335
to the State Special Projects Fund (Fund 4F2) an amount not to	36336
exceed ~~$2,500,000~~$1,000,000 in cash of the unclaimed funds that	36337
have been reported by the holders of unclaimed funds under	36338
section 169.05 of the Revised Code, regardless of the allocation	36339
of the unclaimed funds described under that section.	36340

Sec. 269.30.30. GIFTED PUPIL PROGRAM

36341

The foregoing appropriation item 200-521, Gifted Pupil	36342
Program, shall be used for gifted education units not to exceed	36343
1,110 in each fiscal year under division (L) of section 3317.024	36344
and division (F) of section 3317.05 of the Revised Code.	36345

Of the foregoing appropriation item 200-521, Gifted Pupil	36346
Program, up to $4,747,000 in fiscal year 2008 and up to $4,794,470	36347
in fiscal year 2009 may be used as an additional supplement for	36348
identifying gifted students under Chapter 3324. of the Revised	36349
Code.	36350

Of the foregoing appropriation item 200-521, Gifted Pupil	36351
Program, the Department of Education may expend up to $1,015,858	36352
in fiscal year 2008 and up to $1,026,017 in fiscal year 2009 for	36353
the Summer Honors Institute, including funding for the Martin	36354
Essex Program, which shall be awarded through a request for	36355
proposals process.	36356

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

36357

The foregoing appropriation item 200-532, Nonpublic	36358
Administrative Cost Reimbursement, shall be used by the Department	36359
of Education for the purpose of implementing section 3317.063 of	36360
the Revised Code. Notwithstanding the per pupil reimbursement	36361
limit of section 3317.063 of the Revised Code, the Department	36362
shall distribute any unspent and unencumbered funds remaining in	36363
each fiscal year after all other obligations of this appropriation	36364
have been met to chartered nonpublic schools in proportion to each	36365
school's share of the total reimbursement provided under section	36366
3317.063 of the Revised Code.	36367

Sec. 269.30.70. FOUNDATION FUNDING

36368

The foregoing appropriation item 200-550, Foundation Funding,	36369
includes $75,000,000 in each fiscal year for the state education	36370
aid offset due to the change in public utility valuation as a	36371
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	36372
General Assembly. This amount represents the total state education	36373
aid offset due to the valuation change for school districts and	36374
joint vocational school districts from all relevant appropriation	36375
line item sources. Upon certification by the Department of	36376
Education, in consultation with the Department of Taxation, to the	36377
Director of Budget and Management of the actual state aid offset,	36378
the cash transfer from Fund 053, appropriation item 200-900,	36379
School District Property Tax Replacement - Utility, shall be	36380
decreased or increased by the Director of Budget and Management to	36381
match the certification in accordance with section 5727.84 of the	36382
Revised Code.	36383

The foregoing appropriation item 200-550, Foundation Funding,	36384
includes $58,000,000 in fiscal year 2008 and $145,000,000 in	36385
fiscal year 2009 for the state education aid offset because of the	36386
changes in tangible personal property valuation as a result of Am.	36387
Sub. H.B. 66 of the 126th General Assembly. This amount represents	36388
the total state education aid offset because of the valuation	36389
change for school districts and joint vocational school districts	36390
from all relevant appropriation item sources. Upon certification	36391
by the Department of Education of the actual state education aid	36392
offset to the Director of Budget and Management, the cash transfer	36393
from Fund 047, appropriation item 200-909, School District	36394
Property Tax Replacement - Business, shall be decreased or	36395
increased by the Director of Budget and Management to match the	36396
certification in accordance with section 5751.21 of the Revised	36397
Code.	36398

Of the foregoing appropriation item 200-550, Foundation	36399
Funding, up to $425,000 shall be expended in each fiscal year for	36400
court payments under section ~~2151.357~~2151.362 of the Revised	36401
Code; an amount shall be available in each fiscal year to fund up	36402
to 225 full-time equivalent approved GRADS teacher grants under	36403
division (N) of section 3317.024 of the Revised Code; an amount	36404
shall be available in each fiscal year to make payments to school	36405
districts under division (A)(3) of section 3317.022 of the	36406
Revised Code; an amount shall be available in each fiscal year to	36407
make payments to school districts under division (F) of section	36408
3317.022 of the Revised Code; and up to $30,000,000 in each	36409
fiscal year shall be reserved for payments under sections	36410
3317.026, 3317.027, and 3317.028 of the Revised Code except that	36411
the Controlling Board may increase the $30,000,000 amount if	36412
presented with such a request from the Department of Education.	36413

Of the foregoing appropriation item 200-550, Foundation	36414
Funding, up to $19,770,000 in fiscal year 2008 and up to	36415
$20,545,200 in fiscal year 2009 shall be used to provide	36416
additional state aid to school districts for special education	36417
students under division (C)(3) of section 3317.022 of the Revised	36418
Code, except that the Controlling Board may increase these amounts	36419
if presented with such a request from the Department of Education	36420
at the final meeting of the fiscal year; up to $2,000,000 in each	36421
fiscal year shall be reserved for Youth Services tuition payments	36422
under section 3317.024 of the Revised Code; and up to $52,000,000	36423
in each fiscal year shall be reserved to fund the state	36424
reimbursement of educational service centers under section 3317.11	36425
of the Revised Code and the section of ~~this act~~Am. Sub. H.B. 119	36426
of the 127th General Assembly entitled "EDUCATIONAL SERVICE	36427
CENTERS FUNDING." An amount shall be available for special	36428
education weighted funding under division (C)(1) of section	36429
3317.022 and division (D)(1) of section 3317.16 of the Revised	36430
Code.	36431

Of the foregoing appropriation item 200-550, Foundation	36432
Funding, an amount shall be available in each fiscal year to be	36433
used by the Department of Education for transitional aid for	36434
school districts and joint vocational school districts. Funds	36435
shall be distributed under the sections of ~~this act~~Am. Sub. H.B.	36436
119 of the 127th General Assembly entitled "TRANSITIONAL AID FOR	36437
CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" and	36438
"TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	36439

Of the foregoing appropriation item 200-550, Foundation	36440
Funding, up to $1,000,000 in each fiscal year shall be used by the	36441
Department of Education for a program to pay for educational	36442
services for youth who have been assigned by a juvenile court or	36443
other authorized agency to any of the facilities described in	36444
division (A) of the section of ~~this act~~Am. Sub. H.B. 119 of the	36445
127th General Assembly entitled "PRIVATE TREATMENT FACILITY	36446
PROJECT."	36447

Of the foregoing appropriation item 200-550, Foundation	36448
Funding, up to $3,700,000 in each fiscal year shall be used for	36449
school breakfast programs. Of this amount, up to $900,000 shall be	36450
used in each fiscal year by the Department of Education to	36451
contract with the Children's Hunger Alliance to expand access to	36452
child nutrition programs consistent with the organization's	36453
continued ability to meet specified performance measures as	36454
detailed in the contract. Of this amount, the Children's Hunger	36455
Alliance shall use at least $150,000 in each fiscal year to	36456
subcontract with an appropriate organization or organizations to	36457
expand summer food participation in underserved areas of the	36458
state, consistent with those organizations' continued ability to	36459
meet specified performance measures as detailed in the	36460
subcontracts. The remainder of the appropriation shall be used to	36461
partially reimburse school buildings within school districts that	36462
are required to have a school breakfast program under section	36463
3313.813 of the Revised Code, at a rate decided by the Department.	36464

Of the foregoing appropriation item 200-550, Foundation	36465
Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860	36466
in fiscal year 2009 shall be used to operate the school choice	36467
program in the Cleveland Municipal School District under sections	36468
3313.974 to 3313.979 of the Revised Code.	36469

Of the portion of the funds distributed to the Cleveland	36470
Municipal School District under this section, up to $11,901,887 in	36471
each fiscal year shall be used to operate the school choice	36472
program in the Cleveland Municipal School District under sections	36473
3313.974 to 3313.979 of the Revised Code.	36474

Of the foregoing appropriation item 200-550, Foundation	36475
Funding, $3,312,165 in each fiscal year shall be used in	36476
conjunction with funding appropriated under appropriation item	36477
200-431, School Improvement Initiatives, to help support districts	36478
in the development and implementation of their continuous	36479
improvements plans and provide technical assistance and support in	36480
accordance with Title I of the "No Child Left Behind Act of 2001."	36481

The remaining portion of appropriation item 200-550,	36482
Foundation Funding, shall be expended for the public schools of	36483
city, local, exempted village, and joint vocational school	36484
districts, including base-cost funding, special education speech	36485
service enhancement funding, career-technical education weight	36486
funding, career-technical education associated service funding,	36487
teacher training and experience funding, charge-off supplement,	36488
and excess cost supplement under sections 3317.022, 3317.023,	36489
3317.0216, and 3317.16 of the Revised Code.	36490

Appropriation items 200-502, Pupil Transportation, 200-521,	36491
Gifted Pupil Program, 200-540, Special Education Enhancements, and	36492
200-550, Foundation Funding, other than specific set-asides, are	36493
collectively used in each fiscal year to pay state formula aid	36494
obligations for school districts and joint vocational school	36495
districts under Chapter 3317. of the Revised Code. The first	36496
priority of these appropriation items, with the exception of	36497
specific set-asides, is to fund state formula aid obligations	36498
under Chapter 3317. of the Revised Code. It may be necessary to	36499
reallocate funds among these appropriation items or use excess	36500
funds from other general revenue fund appropriation items in the	36501
Department of Education's budget in each fiscal year, in order to	36502
meet state formula aid obligations. If it is determined that it is	36503
necessary to transfer funds among these appropriation items or to	36504
transfer funds from other General Revenue Fund appropriations in	36505
the Department of Education's budget to meet state formula aid	36506
obligations, the Department of Education shall seek approval from	36507
the Controlling Board to transfer funds as needed.	36508

Sec. 269.40.50. START-UP FUNDS

36509

Funds appropriated for the purpose of providing start-up	36510
grants to Title IV-A Head Start and Title IV-A Head Start Plus	36511
agencies in fiscal year 2004 and fiscal year 2005 for the	36512
provision of services to children eligible for Title IV-A services	36513
under the Title IV-A Head Start or Title IV-A Head Start Plus	36514
programs shall be reimbursed to the General Revenue Fund as	36515
follows:	36516

(A) If, for fiscal year 2008, an entity that was a Title IV-A	36517
Head Start or Title IV-A Head Start Plus agency will not be an	36518
early learning agency or early learning provider, the entity shall	36519
repay the entire amount of the start-up grant it received in	36520
fiscal year 2004 and fiscal year 2005 not later than June 30,	36521
~~2009~~2019, in accordance with a payment schedule agreed to by the	36522
Department of Education.	36523

(B) If an entity that was a Title IV-A Head Start or Title	36524
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	36525
2005 will be an early learning agency or early learning provider	36526
in fiscal year 2008 and fiscal year 2009, the entity shall be	36527
allowed to retain any amount of the start-up grant it received,	36528
unless division (D) of this section applies to the entity. In that	36529
case, the entity shall repay the entire amount of the obligation	36530
described in that division not later than June 30, 2019.	36531

(C) Within ninety days after ~~the effective date of this~~	36532
~~section~~the effective date of this amendment, the Title IV-A Head	36533
Start agencies, Title IV-A Head Start Plus agencies, and the	36534
Department of Education shall determine the repayment schedule	36535
for amounts owed under division (A) of this section. These	36536
amounts shall be paid to the state not later than June 30, ~~2009~~	36537
2019.	36538

(D) If an entity that was a Title IV-A Head Start or Title	36539
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	36540
2005 owed the state any portion of the start-up grant amount	36541
during fiscal year 2006 or fiscal year 2007 but failed to repay	36542
the entire amount of the obligation by June 30, 2007, the entity	36543
shall be given an extension for repayment through June 30, ~~2009~~	36544
2019, before any amounts remaining due and payable to the state	36545
are referred to the Attorney General for collection under section	36546
131.02 of the Revised Code.	36547

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	36548
start-up grants that are retained by early learning agencies or	36549
early learning providers pursuant to this section shall be	36550
reimbursed to the General Revenue Fund when the early learning	36551
program ceases or is no longer funded from Title IV-A or if an	36552
early learning agency's or early learning provider's participation	36553
in the early learning program ceases or is terminated.	36554

Sec. 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING

36555

(A) As used in this section:

36556

(1) "Internet- or computer-based community school" has the	36557
same meaning as in section 3314.02 of the Revised Code.	36558

(2) "Service center ADM" has the same meaning as in section	36559
3317.11 of the Revised Code.	36560

(3) "STEM school" means a science, technology, engineering,	36561
and mathematics school established under Chapter 3326. of the	36562
Revised Code.	36563

(B) Notwithstanding division (F) of section 3317.11 of the	36564
Revised Code, no funds shall be provided under that division to an	36565
educational service center in either fiscal year for any pupils of	36566
a city or exempted village school district unless an agreement to	36567
provide services under section 3313.843 of the Revised Code was	36568
entered into by January 1, 1997, except that funds shall be	36569
provided to an educational service center for any pupils of a city	36570
school district if the agreement to provide services was entered	36571
into within one year of the date upon which such district changed	36572
from a local school district to a city school district.	36573

If an educational service center that entered into an	36574
agreement by January 1, 1997, with a city or exempted village	36575
school district to provide services under section 3313.843 of the	36576
Revised Code ceases to operate because all of the local school	36577
districts that constituted the territory of the service center	36578
have severed from the service center pursuant to section 3311.059	36579
of the Revised Code, another educational service center, by	36580
resolution of its governing board, may assume the obligations of	36581
the original service center to provide services to the city or	36582
exempted village school district under that agreement in fiscal	36583
year 2009. If that other service center assumes those obligations	36584
to provide services to the city or exempted village school	36585
district, that service center shall be considered to be the	36586
service center that entered into the agreement by January 1, 1997,	36587
and, accordingly, may receive funds under division (F) of section	36588
3317.11 of the Revised Code in accordance with this section in	36589
fiscal year 2009 for pupils of that city or exempted village	36590
school district.	36591

(C) Notwithstanding any provision of the Revised Code to the	36592
contrary, an educational service center that sponsors a community	36593
school under Chapter 3314. of the Revised Code in either fiscal	36594
year may include the students of that community school in its	36595
service center ADM for purposes of state funding under division	36596
(F) of section 3317.11 of the Revised Code, unless the community	36597
school is an Internet- or computer-based community school. A	36598
service center shall include the community school students in its	36599
service center ADM only to the extent that the students are not	36600
already so included, and only in accordance with guidelines issued	36601
by the Department of Education. If the students of a community	36602
school sponsored by an educational service center are included in	36603
the service center ADM of another educational service center,	36604
those students shall be removed from the service center ADM of the	36605
other educational service center and added to the service center	36606
ADM of the community school's sponsoring service center. The	36607
General Assembly authorizes this procedure as an incentive for	36608
educational service centers to take over sponsorship of community	36609
schools from the State Board of Education as the State Board's	36610
sponsorship is phased out in accordance with Sub. H.B. 364 of the	36611
124th General Assembly. No student of an Internet- or	36612
computer-based community school shall be counted in the service	36613
center ADM of any educational service center. The Department shall	36614
pay educational service centers under division (F) of section	36615
3317.11 of the Revised Code for community school students included	36616
in their service center ADMs under this division only if	36617
sufficient funds earmarked within appropriation item 200-550,	36618
Foundation Funding, for payments under that division remain after	36619
first paying for students attributable to their local and client	36620
school districts, in accordance with divisions (B) and ~~(D)~~(E) of	36621
this section.	36622

(D) Notwithstanding division (C) of section 3326.45 of the	36623
Revised Code, the Department shall pay educational service	36624
centers under division (H) of section 3317.11 of the Revised	36625
Code for services provided to STEM schools only if sufficient	36626
funds earmarked within appropriation item 200-550, Foundation	36627
Funding, for payments under that division remain after first	36628
paying for students attributable to the local and client school	36629
districts of the service centers and for community school	36630
students in their service center ADMs, in accordance with	36631
divisions (B), (C), and (E) of this section.	36632

(E) If insufficient funds are earmarked within appropriation	36633
item 200-550, Foundation Funding, for payments under ~~division~~	36634
divisions (F) and (H) of section 3317.11 of the Revised Code and	36635
division (C) of this section in fiscal year 2008 or fiscal year	36636
2009, the Department shall prioritize the distribution of the	36637
earmarked funds as follows:	36638

(1) The Department shall first distribute to each educational	36639
service center the per-student amount specified in division (F) of	36640
section 3317.11 of the Revised Code for each student in its	36641
service center ADM attributable to the local school districts	36642
within the service center's territory.	36643

(2) The Department shall distribute the remaining funds in	36644
each fiscal year to each educational service center for the	36645
students in its service center ADM attributable to each city and	36646
exempted village school district that had entered into an	36647
agreement with an educational service center for that fiscal year	36648
under section 3313.843 of the Revised Code by January 1, 1997, up	36649
to the per-student amount specified in division (F) of section	36650
3317.11 of the Revised Code. If insufficient funds remain to pay	36651
each service center the full amount specified in division (F) of	36652
that section for each such student, the Department shall	36653
distribute the remaining funds to each service center	36654
proportionally, on a per-student basis for each such student,	36655
unless that proportional per-student amount exceeds the amount	36656
specified in division (F)(1) of that section. In that case, the	36657
Department shall distribute the per-student amount specified in	36658
division (F)(1) of that section to each service center for each	36659
such student and shall distribute the remainder proportionally, on	36660
a per-student basis for each such student, to the multi-county	36661
service centers described in division (F)(2) of that section.	36662

(3) If the Department has paid each service center under	36663
divisions ~~(D)~~(E)(1) and (2) of this section, the full amount	36664
specified in division (F) of section 3317.11 of the Revised Code	36665
for each student attributable to its local school districts and	36666
its client school districts described in division ~~(D)~~(E)(2) of	36667
this section the Department shall distribute any remaining funds	36668
proportionally, on a per-student basis, to each service center	36669
that sponsors a community school, other than an Internet- or	36670
computer-based community school, for the students included in the	36671
service center ADM under division (C) of this section. These	36672
payments shall not exceed per student the amount specified in	36673
division (F) of section 3317.11 of the Revised Code.	36674

(4) If the Department has paid each educational service	36675
center that sponsors a community school, other than an Internet-	36676
or computer-based community school, the full amount specified in	36677
division (F) of section 3317.11 of the Revised Code for each	36678
community school student included in the service center ADM under	36679
division (C) of this section, the Department shall distribute any	36680
remaining funds to each service center that is owed money under	36681
division (H) of section 3317.11 of the Revised Code for services	36682
provided to a STEM school. If insufficient funds remain to pay	36683
each service center the full amount calculated for it under	36684
division (H) of section 3317.11 of the Revised Code, the	36685
Department shall distribute the remaining funds proportionally, on	36686
a per-student basis, to each service center owed money under that	36687
division, unless that proportional per-student amount exceeds the	36688
per-student amount specified in any service center's contract	36689
entered into under section 3326.45 of the Revised Code. In that	36690
case, the Department shall distribute the lowest per-student	36691
amount specified in the service center contracts entered into	36692
under that section to each service center owed money under	36693
division (H) of section 3317.11 of the Revised Code and shall	36694
distribute the remainder proportionally, on a per-student basis,	36695
to service centers with contracts under section 3326.45 of the	36696
Revised Code that specify higher per-student amounts, but in no	36697
case shall the payments to any service center exceed the	36698
per-student amount specified in the service center's contract with	36699
the STEM school.	36700

Sec. 275.10. PAY EMPLOYEE BENEFITS FUNDS

36701

Accrued Leave Liability Fund Group	36702

806	995-666	Accrued Leave Fund	$	69,584,560	$	76,038,787	36703
807	995-667	Disability Fund	$	40,104,713	$	39,309,838	36704
TOTAL ALF Accrued Leave Liability							36705
Fund Group			$	109,689,273	$	115,348,625	36706

Agency Fund Group	36707

124	995-673	Payroll Deductions	$	2,125,000,000	$	2,175,000,000	36708
808	995-668	State Employee Health Benefit Fund	$	499,240,000	$	550,922,742	36709
809	995-669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	36710
810	995-670	Life Insurance Investment Fund	$	2,113,589	$	2,229,834	36711
811	995-671	Parental Leave Benefit Fund	$	3,994,806	$	4,234,495	36712
813	995-672	Health Care Spending Account	$	12,000,000	$	12,000,000	36713
TOTAL AGY Agency Fund Group			$	2,645,318,030	$	2,747,356,706	36714

TOTAL ALL BUDGET FUND GROUPS

2,755,007,303

2,862,705,331

36715

ACCRUED LEAVE LIABILITY FUND

36716

The foregoing appropriation item 995-666, Accrued Leave Fund,	36717
shall be used to make payments from the Accrued Leave Liability	36718
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	36719
If it is determined by the Director of Budget and Management that	36720
additional amounts are necessary, the amounts are appropriated.	36721

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

36722

The foregoing appropriation item 995-667, Disability Fund,	36723
shall be used to make payments from the State Employee Disability	36724
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	36725
Revised Code. If it is determined by the Director of Budget and	36726
Management that additional amounts are necessary, the amounts are	36727
appropriated.	36728

PAYROLL WITHHOLDING FUND

36729

The foregoing appropriation item 995-673, Payroll Deductions,	36730
shall be used to make payments from the Payroll Withholding Fund	36731
(Fund 124). If it is determined by the Director of Budget and	36732
Management that additional appropriation amounts are necessary,	36733
such amounts are hereby appropriated.	36734

STATE EMPLOYEE HEALTH BENEFIT FUND

36735

The foregoing appropriation item 995-668, State Employee	36736
Health Benefit Fund, shall be used to make payments from the State	36737
Employee Health Benefit Fund (Fund 808), pursuant to section	36738
124.87 of the Revised Code. If it is determined by the Director of	36739
Budget and Management that additional amounts are necessary, the	36740
amounts are appropriated.	36741

DEPENDENT CARE SPENDING ACCOUNT

36742

The foregoing appropriation item 995-669, Dependent Care	36743
Spending Account, shall be used to make payments from the	36744
Dependent Care Spending Account (Fund 809) to employees eligible	36745
for dependent care expenses. If it is determined by the Director	36746
of Budget and Management that additional amounts are necessary,	36747
the amounts are appropriated.	36748

LIFE INSURANCE INVESTMENT FUND

36749

The foregoing appropriation item 995-670, Life Insurance	36750
Investment Fund, shall be used to make payments from the Life	36751
Insurance Investment Fund (Fund 810) for the costs and expenses of	36752
the state's life insurance benefit program pursuant to section	36753
125.212 of the Revised Code. If it is determined by the Director	36754
of Budget and Management that additional amounts are necessary,	36755
the amounts are appropriated.	36756

PARENTAL LEAVE BENEFIT FUND

36757

The foregoing appropriation item 995-671, Parental Leave	36758
Benefit Fund, shall be used to make payments from the Parental	36759
Leave Benefit Fund (Fund 811) to employees eligible for parental	36760
leave benefits pursuant to section 124.137 of the Revised Code. If	36761
it is determined by the Director of Budget and Management that	36762
additional amounts are necessary, the amounts are appropriated.	36763

HEALTH CARE SPENDING ACCOUNT

36764

There is hereby established in the State Treasury the Health	36765
Care Spending Account Fund (Fund 813). The foregoing appropriation	36766
item 995-672, Health Care Spending Account, shall be used to make	36767
payments from the fund. The fund shall be under the supervision of	36768
the Department of Administrative Services and shall be used to	36769
make payments pursuant to state employees' participation in a	36770
flexible spending account for non-reimbursed health care expenses	36771
and pursuant to Section 125 of the Internal Revenue Code. All	36772
income derived from the investment of the fund shall accrue to the	36773
fund. If it is determined by the Director of Administrative	36774
Services that additional appropriation amounts are necessary, the	36775
Director of Administrative Services may request that the Director	36776
of Budget and Management increase such amounts. Such amounts are	36777
hereby appropriated.	36778

At the request of the Director of Administrative Services,	36779
the Director of Budget and Management shall transfer up to	36780
$145,000 from the General Revenue Fund to the Health Care Spending	36781
Account Fund during fiscal years 2008 and 2009. This cash shall be	36782
transferred as needed to provide adequate cash flow for the Health	36783
Care Spending Account Fund during fiscal year 2008 and fiscal year	36784
2009. If funds are available at the end of fiscal years 2008 and	36785
2009, the Director of Budget and Management shall transfer cash up	36786
to the amount previously transferred in the respective year, plus	36787
interest income, back from the Health Care Spending Account (Fund	36788
813) to the General Revenue Fund.	36789

CASH TRANSFER TO ACCRUED LEAVE FUND

36790

The Director of Budget and Management may transfer	36791
$100,080.79 in cash from the Dependent Care Spending Account Fund	36792
(Fund 809) to the Accrued Leave Fund (Fund 806) to correct an	36793
intrastate transfer voucher from the Department of Natural	36794
Resources that was mistakenly deposited into the Dependent Care	36795
Spending Account Fund.	36796

Sec. 293.10. DOH DEPARTMENT OF HEALTH

36797

General Revenue Fund	36798

GRF	440-407	Animal Borne Disease and Prevention	$	2,327,101	$	2,327,101	36799
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	36800
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	36801
GRF	440-416	Child and Family Health Services	$	9,522,874	$	9,622,874	36802
GRF	440-418	Immunizations	$	9,400,615	$	9,400,615	36803
GRF	440-425	Abstinence and Adoption Education	$	500,000	$	500,000	36804
GRF	440-431	Free Clinic Liability Insurance	$	250,000	$	250,000	36805
GRF	440-437	Healthy Ohio	$	1,502,618	$	2,855,553	36806
GRF	440-438	Breast and Cervical Cancer Screening	$	2,500,000	$	2,500,000	36807
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	36808
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	36809
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	36810
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	36811
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	36812
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	36813
GRF	440-459	Help Me Grow	$	10,923,397	$	14,041,847	36814
GRF	440-505	Medically Handicapped Children	$	10,791,784	$	10,791,784	36815
GRF	440-507	Targeted Health Care Services Over 21	$	1,681,023	$	1,681,023	36816
GRF	440-511	Uncompensated Care and Emergency Medical Assistance	$	0	$	3,500,000	36817
TOTAL GRF General Revenue Fund			$	79,799,699	$	87,871,084	36818

General Services Fund Group	36819

142	440-646	Agency Health Services	$	3,461,915	$	3,461,915	36820
211	440-613	Central Support Indirect Costs	$	28,884,707	$	28,884,707	36821
473	440-622	Lab Operating Expenses	$	4,954,045	$	4,954,045	36822
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	36823
698	440-634	Nurse Aide Training	$	170,000	$	170,000	36824
TOTAL GSF General Services							36825
Fund Group			$	38,678,881	$	38,678,881	36826

Federal Special Revenue Fund Group	36827

320	440-601	Maternal Child Health Block Grant	$	30,666,635	$	30,666,635	36828
387	440-602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	36829
389	440-604	Women, Infants, and Children	$	230,077,451	$	230,077,451	36830
391	440-606	Medicaid/Medicare	$	24,850,959	$	24,850,959	36831
392	440-618	Federal Public Health Programs	$	136,778,215	$	136,778,215	36832
TOTAL FED Federal Special Revenue							36833
Fund Group			$	430,199,919	$	430,199,919	36834

State Special Revenue Fund Group	36835

4D6	440-608	Genetics Services	$	3,317,000	$	3,317,000	36836
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	36837
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	36838
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	36839
4L3	440-609	Miscellaneous Expenses	$	446,468	$	446,468	36840
4P4	440-628	Ohio Physician Loan Repayment	$	0	$	476,870	36841
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	36842
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	36843
470	440-647	Fee Supported Programs	$	27,996,243	$	25,905,140	36844
471	440-619	Certificate of Need	$	869,000	$	898,000	36845
477	440-627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	36846
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	36847
5CB	440-640	Poison Control Centers	$	150,000	$	150,000	36848
5CN	440-645	Choose Life	$	75,000	$	75,000	36849
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	36850
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	36851
5EC	440-650	Health Emergency	$	15,312,500	$	0	36852
5ED	440-651	Smoke Free Indoor Air	$	800,000	$	800,000	36853
5G4	440-639	Adoption Services	$	20,000	$	20,000	36854
5L1	440-623	Nursing Facility Technical Assistance Program	$	664,282	$	698,595	36855
5Z7	440-624	Ohio Dentist Loan Repayment	$	0	$	140,000	36856
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	36857
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	36858
TOTAL SSR State Special Revenue							36859
Fund Group			$	74,910,263	$	~~57,569,973~~ 58,186,843	36860

Holding Account Redistribution Fund Group	36861

R14	440-631	Vital Statistics	$	70,000	$	70,000	36862
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	36863
TOTAL 090 Holding Account							36864
Redistribution Fund Group			$	90,000	$	90,000	36865
TOTAL ALL BUDGET FUND GROUPS			$	623,678,762	$	~~614,409,857~~ 615,026,727	36866

Sec. 299.10. OHS OHIO HISTORICAL SOCIETY

36868

General Revenue Fund	36869

GRF	360-501	Operating Subsidy	$	3,649,244	$	3,649,252	36870
GRF	360-502	Site and Museum Operations	$	8,501,781	$	~~8,501,788~~ 8,357,176	36871
GRF	360-504	Ohio Preservation Office	$	417,516	$	415,381	36872
GRF	360-505	National Afro-American Museum	$	754,884	$	754,884	36873
GRF	360-506	Hayes Presidential Center	$	514,323	$	514,323	36874
GRF	360-508	State Historical Grants	$	853,000	$	775,000	36875
TOTAL GRF General Revenue Fund			$	14,690,748	$	14,610,628	36876
TOTAL ALL BUDGET FUND GROUPS			$	14,690,748	$	~~14,610,628~~ 14,466,016	36877

SUBSIDY APPROPRIATION

36878

Upon approval by the Director of Budget and Management, the	36879
foregoing appropriation items shall be released to the Ohio	36880
Historical Society in quarterly amounts that in total do not	36881
exceed the annual appropriations. The funds and fiscal records of	36882
the society for fiscal years 2008 and 2009 shall be examined by	36883
independent certified public accountants approved by the Auditor	36884
of State, and a copy of the audited financial statements shall be	36885
filed with the Office of Budget and Management. The society shall	36886
prepare and submit to the Office of Budget and Management the	36887
following:	36888

(A) An estimated operating budget for each fiscal year of the	36889
biennium. The operating budget shall be submitted at or near the	36890
beginning of each calendar year.	36891

(B) Financial reports, indicating actual receipts and	36892
expenditures for the fiscal year to date. These reports shall be	36893
filed at least semiannually during the fiscal biennium.	36894

The foregoing appropriations shall be considered to be the	36895
contractual consideration provided by the state to support the	36896
state's offer to contract with the Ohio Historical Society under	36897
section 149.30 of the Revised Code.	36898

STATE ARCHIVES

36899

Of the foregoing appropriation item 360-501, Operating	36900
Subsidy, $300,000 in each fiscal year shall be used for the State	36901
Archives, Library, and Artifact Collections program.	36902

HAYES PRESIDENTIAL CENTER

36903

If a United States government agency, including, but not	36904
limited to, the National Park Service, chooses to take over the	36905
operations or maintenance of the Hayes Presidential Center, in	36906
whole or in part, the Ohio Historical Society shall make	36907
arrangements with the National Park Service or other United States	36908
government agency for the efficient transfer of operations or	36909
maintenance.	36910

HISTORICAL GRANTS

36911

Of the foregoing appropriation item 360-508, State Historical	36912
Grants, $60,000 in fiscal year 2008 shall be distributed to the	36913
Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be	36914
distributed to the Center for Holocaust and Humanity Education	36915
located at the Hebrew Union College-Jewish Institute of Religion	36916
in Cincinnati, $350,000 in each fiscal year shall be distributed	36917
to the Western Reserve Historical Society, $350,000 in each fiscal	36918
year shall be distributed to the Cincinnati Museum Center, and up	36919
to $18,000 in fiscal year 2008 shall be distributed to the	36920
Muskingum River Underground Railroad Historic Marker Project.	36921

PROCESSING FEES

36922

The Ohio Historical Society shall not charge or retain an	36923
administrative, service, or processing fee for distributing money	36924
that the General Assembly appropriates to the Society for grants	36925
or subsidies that the Society provides to other entities for their	36926
site-related programs.	36927

TRANSFER FOR STATEHOUSE TOURS AND EDUCATION

36928

On June 1, 2008, or as soon as possible thereafter, the	36929
Director of Budget and Management shall transfer $12,297 cash from	36930
GRF appropriation item 360-502, Site and Museum Operations, to the	36931
Statehouse Gift Shop/Events Fund (Fund 4S70) in the Capitol Square	36932
Review and Advisory Board to support Statehouse tours and	36933
education staff.	36934

Sec. 307.10. INS DEPARTMENT OF INSURANCE

36935

Federal Special Revenue Fund Group	36936

3U5	820-602	OSHIIP Operating Grant	$	1,100,000	$	1,100,000	36937
TOTAL FED Federal Special							36938
Revenue Fund Group			$	1,100,000	$	1,100,000	36939

State Special Revenue Fund Group	36940

554	820-601	Operating Expenses - OSHIIP	$	553,750	$	569,269	36941
554	820-606	Operating Expenses	$	23,350,236	$	23,802,797	36942
555	820-605	Examination	$	7,639,581	$	7,868,768	36943
5AG	820-603	Ohio Family Health Survey	$	0	$	1,500,000	36944
TOTAL SSR State Special Revenue							36945
Fund Group			$	31,543,567	$	~~32,240,834~~ 33,740,834	36946
TOTAL ALL BUDGET FUND GROUPS			$	32,643,567	$	~~33,340,834~~ 34,840,834	36947

MARKET CONDUCT EXAMINATION

36948

When conducting a market conduct examination of any insurer	36949
doing business in this state, the Superintendent of Insurance may	36950
assess the costs of the examination against the insurer. The	36951
superintendent may enter into consent agreements to impose	36952
administrative assessments or fines for conduct discovered that	36953
may be violations of statutes or rules administered by the	36954
superintendent. All costs, assessments, or fines collected shall	36955
be deposited to the credit of the Department of Insurance	36956
Operating Fund (Fund 554).	36957

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

36958

The Director of Budget and Management, at the request of the	36959
Superintendent of Insurance, may transfer funds from the	36960
Department of Insurance Operating Fund (Fund 554), established by	36961
section 3901.021 of the Revised Code, to the Superintendent's	36962
Examination Fund (Fund 555), established by section 3901.071 of	36963
the Revised Code, only for expenses incurred in examining domestic	36964
fraternal benefit societies as required by section 3921.28 of the	36965
Revised Code.	36966

TRANSFER FROM FUND 554 TO GENERAL REVENUE FUND

36967

Not later than the thirty-first day of July each fiscal year,	36968
the Director of Budget and Management shall transfer $5,000,000	36969
from the Department of Insurance Operating Fund to the General	36970
Revenue Fund.	36971

OHIO FAMILY HEALTH SURVEY

36972

Notwithstanding section 3929.682 of the Revised Code, the	36973
foregoing appropriation item 820-603, Ohio Family Health Survey,	36974
shall be used for the Ohio Family Health Survey.	36975

Sec. 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

36976

General Revenue Fund	36977

GRF	600-321	Support Services					36978
		State	$	50,785,978	$	52,571,413	36979
		Federal	$	10,460,286	$	11,290,237	36980
		Support Services Total	$	61,246,264	$	63,861,650	36981
GRF	600-410	TANF State	$	267,619,061	$	267,619,061	36982
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	36983
GRF	600-416	Computer Projects					36984
		State	$	115,383,181	$	116,419,033	36985
		Federal	$	21,488,920	$	21,192,117	36986
		Computer Projects Total	$	136,872,101	$	137,611,150	36987
GRF	600-417	Medicaid Provider Audits	$	2,000,000	$	2,000,000	36988
GRF	600-420	Child Support Administration	$	8,541,446	$	10,641,446	36989
GRF	600-421	Office of Family Stability	$	4,614,932	$	4,614,932	36990
GRF	600-423	Office of Children and Families	$	5,650,000	$	5,900,000	36991
GRF	600-425	Office of Ohio Health Plans					36992
		State	$	22,500,000	$	22,500,000	36993
		Federal	$	23,324,848	$	23,418,368	36994
		Office of Ohio Health Plans Total	$	45,824,848	$	45,918,368	36995
GRF	600-502	Administration - Local	$	34,014,103	$	34,014,103	36996
GRF	600-511	Disability Financial Assistance	$	22,128,480	$	25,335,908	36997
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	36998
GRF	600-521	Entitlement Administration - Local	$	130,000,000	$	130,000,000	36999
GRF	600-523	Children and Families Services	$	78,115,135	$	78,115,135	37000
GRF	600-525	Health Care/Medicaid					37001
		State	$	3,371,917,993	$	~~3,603,598,928~~ 3,673,819,292	37002
		Federal	$	5,173,236,576	$	~~5,736,989,273~~ 5,865,064,895	37003
		Health Care Total	$	8,545,154,569	$	~~9,340,588,201~~ 9,538,884,187	37004
GRF	600-526	Medicare Part D	$	254,397,401	$	271,854,640	37005
GRF	600-528	Adoption Services					37006
		State	$	37,520,466	$	43,978,301	37007
		Federal	$	41,304,043	$	49,196,065	37008
		Adoption Services Total	$	78,824,509	$	93,174,366	37009
GRF	600-529	Capital Compensation Program	$	7,000,000	$	0	37010
GRF	600-534	Adult Protective Services	$	500,000	$	500,000	37011
TOTAL GRF General Revenue Fund							37012
		State	$	4,497,808,772	$	~~4,754,783,496~~ 4,825,003,860	37013
		Federal	$	5,269,814,673	$	~~5,842,086,060~~ 5,970,161,682	37014
		GRF Total	$	9,767,623,445	$	~~10,596,869,556~~ 10,795,165,542	37015

General Services Fund Group	37016

4A8	600-658	Child Support Collections	$	26,680,794	$	~~26,680,794~~ 31,929,211	37017
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	37018
5BG	600-653	Managed Care Assessment	$	210,655,034	$	222,667,304	37019
5C9	600-671	Medicaid Program Support	$	80,120,048	$	80,120,048	37020
5DL	600-639	Medicaid Revenue and Collections	$	51,966,785	$	~~56,296,844~~ 76,296,844	37021
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	37022
5P5	600-692	Health Care Services	$	93,000,000	$	~~62,000,000~~ 82,000,000	37023
613	600-645	Training Activities	$	135,000	$	135,000	37024
TOTAL GSF General Services							37025
Fund Group			$	463,594,635	$	~~448,936,964~~ 494,185,381	37026

Federal Special Revenue Fund Group	37027

3AW	600-675	Faith Based Initiatives	$	1,000,000	$	1,000,000	37028
3A2	600-641	Emergency Food Distribution	$	2,900,000	$	3,500,000	37029
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	37030
3F0	600-623	Health Care Federal	$	1,209,188,383	$	~~1,211,196,561~~ 1,280,775,536	37031
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	37032
3G5	600-655	Interagency Reimbursement	$	1,469,763,073	$	1,513,855,965	37033
3H7	600-617	Child Care Federal	$	207,269,463	$	200,167,593	37034
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	37035
3S5	600-622	Child Support Projects	$	534,050	$	534,050	37036
3V0	600-688	Workforce Investment Act	$	232,568,453	$	233,082,144	37037
3V4	600-678	Federal Unemployment Programs	$	147,411,858	$	152,843,414	37038
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,092,890	$	3,191,862	37039
3V6	600-689	TANF Block Grant	$	1,037,739,200	$	1,085,861,099	37040
3W3	600-659	TANF/Title XX Transfer	$	10,081,377	$	6,672,366	37041
327	600-606	Child Welfare	$	48,514,502	$	47,947,309	37042
331	600-686	Federal Operating	$	53,963,318	$	56,263,225	37043
384	600-610	Food Stamps and State Administration	$	160,237,060	$	153,147,118	37044
385	600-614	Refugee Services	$	10,196,547	$	11,057,826	37045
395	600-616	Special Activities/Child and Family Services	$	5,723,131	$	5,717,151	37046
396	600-620	Social Services Block Grant	$	114,479,464	$	114,474,085	37047
396	600-651	Second Harvest Food Banks	$	5,500,000	$	5,500,000	37048
397	600-626	Child Support	$	303,661,307	$	303,538,962	37049
398	600-627	Adoption Maintenance/ Administration	$	318,172,168	$	317,483,676	37050
TOTAL FED Federal Special Revenue							37051
Fund Group			$	5,841,238,957	$	~~5,926,277,119~~ 5,995,856,094	37052

State Special Revenue Fund Group	37053

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	37054
4A9	600-607	Unemployment Compensation Administration Fund	$	12,273,062	$	12,188,996	37055
4A9	600-694	Unemployment Compensation Review Commission	$	1,726,938	$	1,811,004	37056
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	37057
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	37058
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	37059
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	37060
4K1	600-621	ICF/MR Bed Assessments	$	19,332,437	$	~~19,332,437~~ 23,292,437	37061
4R3	600-687	Banking Fees	$	800,000	$	800,000	37062
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	37063
5AJ0	600-631	Money Follows the Person	$	0	$	4,400,000	37064
5DB	600-637	Military Injury Grants	$	2,000,000	$	2,000,000	37065
5ES	600-630	Food Assistance	$	500,000	$	500,000	37066
5F2	600-667	Building Consolidation	$	250,000	$	250,000	37067
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	37068
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	37069
5R2	600-608	Medicaid-Nursing Facilities	$	175,000,000	$	175,000,000	37070
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	37071
5U3	600-654	Health Care Services Administration	$	9,867,284	$	12,000,349	37072
5U6	600-663	Children and Family Support	$	4,928,718	$	4,928,718	37073
5Z9	600-672	TANF Quality Control Reinvestments	$	520,971	$	546,254	37074
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	37075
TOTAL SSR State Special Revenue							37076
Fund Group			$	590,002,192	$	~~592,160,540~~ 600,520,540	37077

Agency Fund Group	37078

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	37079
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	37080
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	37081
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	37082

Holding Account Redistribution Fund Group	37083

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	37084
R13	600-644	Forgery Collections	$	10,000	$	10,000	37085
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	37086
TOTAL ALL BUDGET FUND GROUPS			$	16,794,069,229	$	~~17,695,854,179~~ 18,017,337,557	37087

BUDGET STABILIZATION FUND TRANSFER FOR MEDICAID

37088

Notwithstanding section 127.14 of the Revised Code, if the	37089
Director of Budget and Management determines that additional	37090
appropriations are needed to fund the Medicaid program, the	37091
Director may, with Controlling Board approval, transfer up to	37092
$63,333,420 cash in fiscal year 2009 from the Budget Stabilization	37093
Fund to the General Revenue Fund. Upon approval from the	37094
Controlling Board, the Director of Budget and Management shall	37095
transfer the approved amounts of cash, increase the state share of	37096
appropriations to line item 600-525, Health Care/Medicaid, and	37097
adjust the federal share accordingly. Any such transfers and	37098
adjustments are hereby appropriated.	37099

Sec. 309.30.13. CHILDREN'S HOSPITALS

37100

(A) As used in this section:

37101

"Children's hospital" means a hospital that primarily serves	37102
patients eighteen years of age and younger and is excluded from	37103
Medicare prospective payment in accordance with 42 C.F.R.	37104
412.23(d).	37105

"Medicaid inpatient cost-to-charge ratio" means the historic	37106
Medicaid inpatient cost-to-charge ratio applicable to a hospital	37107
as described in rules adopted by the Director of Job and Family	37108
Services in paragraph (B)(2) of rule 5101:3-2-22 of the	37109
Administrative Code.	37110

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	37111
the Administrative Code and except as provided in division (C) of	37112
this section, the Director of Job and Family Services shall pay a	37113
children's hospital that meets the criteria in paragraphs (E)(1)	37114
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	37115
cost outlier claim made in fiscal years 2008 and 2009, an amount	37116
that is the product of the hospital's allowable charges and the	37117
hospital's Medicaid inpatient cost-to-charge ratio.	37118

(C) The Director of Job and Family Services shall cease	37119
paying a children's hospital for a cost outlier claim under the	37120
methodology in division (B) of this section and revert to paying	37121
the hospital for such a claim according to methodology in	37122
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	37123
Administrative Code, as applicable, when the difference between	37124
the total amount the Director has paid according to the	37125
methodology in division (B) of this section for such claims and	37126
the total amount the Director would have paid according to the	37127
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	37128
the Administrative Code, as the applicable paragraph existed on	37129
June 30, 2007, for such claims, exceeds the sum of the state funds	37130
and corresponding federal match earmarked in division (F) of this	37131
section and reappropriated in division (G) of this section for the	37132
applicable fiscal year.	37133

(D) The Director of Job and Family Services shall make	37134
supplemental Medicaid payments to hospitals for inpatient services	37135
under a program modeled after the program the Department of Job	37136
and Family Services was required to create for fiscal years 2006	37137
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th	37138
General Assembly if the difference between the total amount the	37139
Director has paid according to the methodology in division (B) of	37140
this section for cost outlier claims and the total amount the	37141
Director would have paid according to the methodology in paragraph	37142
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code	37143
for such claims, as the applicable paragraph existed on June 30,	37144
2007, does not require the expenditure of all state and federal	37145
funds earmarked in division (F) of this section for the applicable	37146
fiscal year.	37147

(E) The Director of Job and Family Services shall not adopt,	37148
amend, or rescind any rules that would result in decreasing the	37149
amount paid to children's hospitals under division (B) of this	37150
section for cost outlier claims.	37151

(F) Of the foregoing appropriation item, 600-525, Health	37152
Care/Medicaid, up to $6 million (state share) in each fiscal year	37153
plus the corresponding federal match, if available, shall be used	37154
by the Department to pay the amounts described in division (B) of	37155
this section.	37156

(G) The unencumbered balance of the $6 million in division	37157
(F) of this section at the end of fiscal year 2008 is hereby	37158
reappropriated to appropriation item 600-525, Health	37159
Care/Medicaid, for fiscal year 2009 to be used by the Department	37160
to pay the amounts described in division (B) of this section. The	37161
Director of Budget and Management shall increase the state share	37162
of appropriations in appropriation item 600-525, Health	37163
Care/Medicaid, by the amount of the unencumbered balance of the $6	37164
million, with a corresponding increase in the federal share. The	37165
Department shall expend, not later than June 30, 2009, the entire	37166
amount of the unencumbered balance of the $6 million	37167
reappropriated to appropriation item 600-525, Health	37168
Care/Medicaid, for fiscal year 2009 by this division, by the	37169
corresponding increase in the federal share, and the $6 million	37170
plus the corresponding federal match earmarked for fiscal year	37171
2009 by division (F) of this section to pay the amounts described	37172
in division (B) of this section.	37173

Sec. 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT	37174
SYSTEM FOR NURSING FACILITIES	37175

(A) As used in this section:

37176

(1) "Capital costs," "cost of ownership," and "renovation"	37177
have the same meanings as in section 5111.20 of the Revised Code	37178
as that section existed on June 30, 2005.	37179

(2) "Fiscal year 2005 rate" means the rate a provider of a	37180
nursing facility is paid for nursing facility services the nursing	37181
facility provides on June 30, 2005.	37182

(3) "Fiscal year 2008 rate" means the rate a provider of a	37183
nursing facility is paid for nursing facility services the nursing	37184
facility provides on June 30, 2008.	37185

(4) "Franchise permit fee," "inpatient days," "Medicaid	37186
days," "nursing facility," and "provider" have the same meanings	37187
as in section 5111.20 of the Revised Code.	37188

(5) "Nursing facility services" means nursing facility	37189
services covered by the Medicaid program that a nursing facility	37190
provides to a resident of the nursing facility who is a Medicaid	37191
recipient eligible for Medicaid-covered nursing facility	37192
services.	37193

(6) "Reviewable activity" has the same meaning as in section	37194
3702.51 of the Revised Code.	37195

(7) "Type A nursing facility" means a nursing facility that	37196
qualifies for a per diem under Section 309.30.42 of Am. Sub. H.B.	37197
119 of the 127th General Assembly, as amended by this act and is	37198
not a type G nursing facility.	37199

(8) "Type B nursing facility" means a nursing facility to	37200
which both of the following apply:	37201

(a) Both of the following occurred during the last quarter of	37202
fiscal year 2008:	37203

(i) The facility obtained certification as a nursing facility	37204
from the Director of Health.	37205

(ii) The facility began participating in the Medicaid	37206
program.	37207

(b) An application for a certificate of need for the nursing	37208
facility was filed with the Director of Health before June 15,	37209
2005.	37210

(9) "Type C nursing facility" means a nursing facility to	37211
which all of the following apply:	37212

(a) The nursing facility is not a type B nursing facility.

37213

(b) The nursing facility, during the last quarter of fiscal	37214
year 2008, completed a capital project for which a certificate of	37215
need was filed with the Director of Health before June 15, 2005,	37216
and for which at least one of the following occurred before July	37217
1, 2005, or, if the capital project is undertaken to comply with	37218
rules adopted by the Public Health Council regarding resident room	37219
size or occupancy, before June 30, 2007:	37220

(i) Any materials or equipment for the capital project were	37221
delivered;	37222

(ii) Preparations for the physical site of the capital	37223
project, including, if applicable, excavation, began;	37224

(iii) Actual work on the capital project began.

37225

(c) The provider of the nursing facility files a three-month	37226
projected capital cost report for the nursing facility with the	37227
Director of Job and Family Services not later than ninety days	37228
after the date the capital project is completed.	37229

(10) "Type D nursing facility" means a nursing facility that,	37230
during the last quarter of fiscal year 2008, completed an activity	37231
to which all of the following apply:	37232

(a) A request was filed with the Director of Health before	37233
July 1, 2005, for a determination of whether the activity is a	37234
reviewable activity and the Director determined that the activity	37235
is not a reviewable activity.	37236

(b) At least one of the following occurred before July 1,	37237
2005, or, if the nursing facility undertakes the activity to	37238
comply with rules adopted by the Public Health Council regarding	37239
resident room size or occupancy, before June 30, 2007:	37240

(i) Any materials or equipment for the activity were	37241
delivered.	37242

(ii) Preparations for the physical site of the activity,	37243
including, if applicable, excavation, began.	37244

(iii) Actual work on the activity began.

37245

(c) The provider of the nursing facility files a three-month	37246
projected capital cost report for the nursing facility with the	37247
Director of Job and Family Services not later than ninety days	37248
after the date the activity is completed.	37249

(11) "Type E nursing facility" means a nursing facility that,	37250
during the last quarter of fiscal year 2008, completed a	37251
renovation to which all of the following apply:	37252

(a) The Director of Job and Family Services approved the	37253
renovation before July 1, 2005.	37254

(b) At least one of the following occurred before July 1,	37255
2005, or, if the nursing facility undertakes the renovation to	37256
comply with rules adopted by the Public Health Council regarding	37257
resident room size or occupancy, before June 30, 2007:	37258

(i) Any materials or equipment for the renovation were	37259
delivered.	37260

(ii) Preparations for the physical site of the renovation,	37261
including, if applicable, excavation, began.	37262

(iii) Actual work on the renovation began.

37263

(c) The provider of the nursing facility files a three-month	37264
projected capital cost report for the nursing facility with the	37265
Director of Job and Family Services not later than ninety days	37266
after the date the renovation is completed.	37267

(12) "Type F nursing facility" means a nursing facility to	37268
which all of the following apply:	37269

(a) The nursing facility, during either the first or second	37270
quarter of fiscal year 2009, completed a capital project for which	37271
the Director of Health approved a certificate of need on December	37272
22, 2003.	37273

(b) The nursing facility has one hundred ninety-two beds.

37274

(c) The provider of the nursing facility files a three-month	37275
projected capital cost report for the nursing facility with the	37276
Director of Job and Family Services not later than ninety days	37277
after the date the capital project is completed.	37278

(13) "Type G nursing facility" means a new nursing facility	37279
to which all of the following apply:	37280

(a) The provider of the new nursing facility is a nonprofit	37281
corporation exempt from federal income taxation.	37282

(b) The provider of the new nursing facility received a	37283
certificate of need from the Director of Health before June 15,	37284
2005, to construct the new nursing facility.	37285

(c) The new nursing facility began participation in the	37286
Medicaid program during fiscal year 2006.	37287

(d) The new nursing facility replaced an older nursing	37288
facility that provided nursing facility services on the date	37289
immediately before the date the new nursing facility began	37290
participation in the Medicaid program.	37291

(e) The new nursing facility is located on the same campus as	37292
the older nursing facility that the new nursing facility replaced.	37293

(B) Except as otherwise provided by this section, the	37294
provider of a nursing facility that has a valid Medicaid provider	37295
agreement on June 30, 2008, and a valid Medicaid provider	37296
agreement during fiscal year 2009 shall be paid, for nursing	37297
facility services the nursing facility provides during fiscal year	37298
2009, the rate calculated for the nursing facility under sections	37299
5111.20 to 5111.33 of the Revised Code with the following	37300
adjustments:	37301

(1) The cost per case mix-unit calculated under section	37302
5111.231 of the Revised Code, the rate for ancillary and support	37303
costs calculated under section 5111.24 of the Revised Code, the	37304
rate for capital costs calculated under section 5111.25 of the	37305
Revised Code, and the rate for tax costs calculated under section	37306
5111.242 of the Revised Code shall each be adjusted as follows:	37307

(a) Increase the cost and rates so calculated by two per	37308
cent;	37309

(b) Increase the cost and rates determined under division	37310
(B)(1)(a) of this section by two per cent;	37311

(c) Increase the cost and rates determined under division	37312
(B)(1)(b) of this section by one per cent.	37313

(2) The mean payment used in the calculation of the quality	37314
incentive payment made under section 5111.244 of the Revised Code	37315
shall be, weighted by Medicaid days, three dollars and three cents	37316
per Medicaid day.	37317

(C) IfExcept as provided in division (F) of this section, if	37318
the rate determined for a nursing facility under division (B) of	37319
this section for nursing facility services provided during fiscal	37320
year 2009 is more than one hundred two and seventy-five	37321
hundredths per cent of the sum of the nursing facility's fiscal	37322
year 2008 rate ~~the provider is paid for nursing facility~~	37323
~~services the nursing facility provides on June 30, 2008~~and the	37324
amount specified in division (D) of this section, the Department	37325
of Job and Family Services shall reduce the nursing	37326
facility's fiscal year 2009 rate so that the rate is not more	37327
than one hundred two and seventy-five hundredths per cent of	37328
~~the nursing facility's rate for June 30, 2008~~that sum. If	37329
Except as provided in division (F) of this section, if the rate	37330
determined for a nursing facility under division (B) of this	37331
section for nursing facility services provided during fiscal	37332
year 2009 is less than the sum of the nursing facility's	37333
fiscal year 2008 rate ~~the provider is paid for nursing~~	37334
~~facility services the nursing facility provides on June 30,~~	37335
~~2008~~and the amount specified in division (D) of this section,	37336
the Department shall increase the nursing facility's fiscal	37337
year 2009 rate so that the rate is not less than ~~the nursing~~	37338
~~facility's rate for June 30, 2008~~that sum.	37339

(D) Subject to division (E) of this section, the following	37340
amount shall be added to a nursing facility's fiscal year 2008	37341
rate for the purpose of determining the ceiling and floor under	37342
division (C) of this section:	37343

(1) If the nursing facility is a type A nursing facility, the	37344
amount of the per diem for which the nursing facility qualifies	37345
under Section 309.30.42 of Am. Sub. H.B. 119 of the 127th General	37346
Assembly, as amended by this act;	37347

(2) If the nursing facility is a type B nursing facility, the	37348
amount that is the difference between the capital costs portion of	37349
the nursing facility's initial rate established under section	37350
5111.254 of the Revised Code and the lesser of the following:	37351

(a) Eighty-eight and sixty-five hundredths per cent of the	37352
nursing facility's cost of ownership as reported on its	37353
three-month projected capital cost report divided by the greater	37354
of the number of inpatient days the nursing facility is expected	37355
to have during the period covered by the projected capital cost	37356
report or the number of inpatient days the nursing facility would	37357
have during that period if the nursing facility's occupancy rate	37358
was eighty per cent;	37359

(b) The maximum capital per diem rate in effect for fiscal	37360
year 2005 for nursing facilities.	37361

(3) If the nursing facility is a type C nursing facility,	37362
type D nursing facility, or type F nursing facility, the amount	37363
that is the difference between the capital costs portion of the	37364
nursing facility's fiscal year 2005 rate and the lesser of the	37365
following:	37366

(a) Eighty-eight and sixty-five hundredths per cent of the	37367
nursing facility's cost of ownership as reported on its	37368
three-month projected capital cost report divided by the greater	37369
of the number of inpatient days the nursing facility is expected	37370
to have during the period covered by the projected capital cost	37371
report or the number of inpatient days the nursing facility would	37372
have during that period if the nursing facility's occupancy rate	37373
was ninety-five per cent;	37374

(b) The maximum capital per diem rate in effect for fiscal	37375
year 2005 for nursing facilities.	37376

(4) If the nursing facility is a type E nursing facility, the	37377
amount that is equal to eighty-five per cent of the nursing	37378
facility's capital costs for the renovation as reported on its	37379
three-month projected capital cost report divided by the greater	37380
of the number of inpatient days the nursing facility is expected	37381
to have during the period covered by the projected capital cost	37382
report or the number of inpatient days the nursing facility would	37383
have during that period if the nursing facility's occupancy rate	37384
was ninety-five per cent;	37385

(5) If the nursing facility is not a type A nursing facility,	37386
type B nursing facility, type C nursing facility, type D nursing	37387
facility, type E nursing facility, type F nursing facility, or	37388
type G nursing facility, zero.	37389

(E) The amount to be added to the fiscal year 2008 rate of a	37390
type A nursing facility, type B nursing facility, type C nursing	37391
facility, type D nursing facility, type E nursing facility, or	37392
type F nursing facility for the purpose of determining the ceiling	37393
and floor under division (C) of this section shall be zero until	37394
the later of the following:	37395

(1) July 1, 2008;

37396

(2) The first day of the month following the month in which	37397
the provider files the three-month projected capital cost report	37398
for the nursing facility with the Director of Job and Family	37399
Services.	37400

(F) Subject to division (G) of this section, if the rate	37401
determined for a type G nursing facility under division (B) of	37402
this section for nursing facility services provided during fiscal	37403
year 2009 is more than one hundred two and seventy-five	37404
hundredths per cent of the sum of the rate the provider was paid	37405
for nursing facility services that the older nursing facility the	37406
type G nursing facility replaced provided on July 1, 2005, and	37407
the amount of the per diem for which the type G nursing facility	37408
qualifies under Section 309.30.42 of Am. Sub. H.B. 119 of the	37409
127th General Assembly, as amended by this act, the Department of	37410
Job and Family Services shall reduce the type G nursing	37411
facility's fiscal year 2009 rate so that the rate is not more	37412
than one hundred two and seventy-five hundredths per cent of that	37413
sum. Subject to division (G) of this section, if the rate	37414
determined for a type G nursing facility under division (B) of	37415
this section for nursing facility services provided during fiscal	37416
year 2009 is less than ninety-eight per cent of the sum of the	37417
rate the provider was paid for nursing facility services that the	37418
older nursing facility the type G nursing facility replaced	37419
provided on July 1, 2005, and the amount of the per diem for which	37420
the type G nursing facility qualifies under Section 309.30.42 of	37421
Am. Sub. H.B. 119 of the 127th General Assembly, as amended by	37422
this act, the Department shall increase the qualified replacement	37423
nursing facility's fiscal year 2009 rate so that the rate is not	37424
less than ninety-eight per cent of that sum.	37425

(G) The amount to be added to the rate the provider of a type	37426
G nursing facility was paid for nursing facility services that the	37427
older nursing facility the type G nursing facility replaced	37428
provided on July 1, 2005, for the purpose of determining the	37429
ceiling and floor under division (F) of this section shall be zero	37430
rather than the amount of the per diem for which the type G	37431
nursing facility qualifies under Section 309.30.42 of Am. Sub.	37432
H.B. 119 of the 127th General Assembly, as amended by this act,	37433
until the later of the following:	37434

(1) July 1, 2008;

37435

(2) The first day of the month following the month in which	37436
the provider files the three-month projected capital cost report	37437
for the nursing facility with the Director of Job and Family	37438
Services.	37439

(H) If the United States Centers for Medicare and Medicaid	37440
Services requires that the franchise permit fee be reduced or	37441
eliminated, the Department of Job and Family Services shall reduce	37442
the amount it pays providers of nursing facility services under	37443
this section as necessary to reflect the loss to the state of the	37444
revenue and federal financial participation generated from the	37445
franchise permit fee.	37446

~~(E)~~(I) The Department of Job and Family Services shall follow	37447
this section in determining the rate to be paid to the provider of	37448
a nursing facility that has a valid Medicaid provider agreement on	37449
June 30, 2008, and a valid Medicaid provider agreement during	37450
fiscal year 2009 notwithstanding anything to the contrary in	37451
sections 5111.20 to 5111.33 of the Revised Code.	37452

(J) Not later than sixty days after the effective date of the	37453
amendments to this section, the Director of Job and Family	37454
Services shall submit an amendment to the state Medicaid plan to	37455
the United States Secretary of Health and Human Services as	37456
necessary to implement the amendments to this section. On receipt	37457
of the United States Secretary's approval of the amendment to the	37458
state Medicaid plan, the Director shall implement the amendments	37459
to this section retroactive to the effective date of the state	37460
Medicaid plan amendment.	37461

Sec. 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID	37462
REIMBURSEMENT SYSTEM FOR ICFs/MR	37463

(A) As used in this section:

37464

"Intermediate care facility for the mentally retarded" has	37465
the same meaning as in section 5111.20 of the Revised Code.	37466

"Medicaid days" means all days during which a resident who is	37467
a Medicaid recipient occupies a bed in an intermediate care	37468
facility for the mentally retarded that is included in the	37469
facility's Medicaid-certified capacity. Therapeutic or hospital	37470
leave days for which payment is made under section 5111.33 of the	37471
Revised Code are considered Medicaid days proportionate to the	37472
percentage of the intermediate care facility for the mentally	37473
retarded's per resident per day rate paid for those days.	37474

"Per diem rate" means the per diem rate calculated pursuant	37475
to sections 5111.20 to 5111.33 of the Revised Code.	37476

(B) Notwithstanding sections 5111.20 to 5111.33 of the	37477
Revised Code, rates paid to intermediate care facilities for the	37478
mentally retarded under the Medicaid program shall be subject to	37479
the following limitations:	37480

(1) For fiscal year 2008, the mean total per diem rate for	37481
all intermediate care facilities for the mentally retarded in the	37482
state, weighted by May 2007 Medicaid days and calculated as of	37483
July 1, 2007, shall not exceed $266.14.	37484

(2) For fiscal year 2009, the mean total per diem rate for	37485
all intermediate care facilities for the mentally retarded in the	37486
state, weighted by May 2008 Medicaid days and calculated as of	37487
July 1, 2008, shall not exceed ~~$271.46~~$274.98.	37488

(3) If the mean total per diem rate for all intermediate care	37489
facilities for the mentally retarded in the state for fiscal year	37490
2008 or 2009, weighted by Medicaid days as specified in division	37491
(B)(1) or (2) of this section, as appropriate, and calculated as	37492
of the first day of July of the calendar year in which the fiscal	37493
year begins, exceeds the amount specified in division (B)(1) or	37494
(2) of this section, as applicable, the Department of Job and	37495
Family Services shall reduce the total per diem rate for each	37496
intermediate care facility for the mentally retarded in the state	37497
by a percentage that is equal to the percentage by which the mean	37498
total per diem rate exceeds the amount specified in division	37499
(B)(1) or (2) of this section for that fiscal year.	37500

(4) Subsequent to any reduction required by division (B)(3)	37501
of this section, the rate of an intermediate care facility for the	37502
mentally retarded shall not be subject to any adjustments	37503
authorized by sections 5111.20 to 5111.33 of the Revised Code	37504
during the remainder of the year.	37505

(C) Not later than September 30, 2008, the Director of Job	37506
and Family Services shall submit an amendment to the state	37507
Medicaid plan to the United States Secretary of Health and Human	37508
Services as necessary to implement the amendments to this section.	37509
On receipt of the United States Secretary's approval of the	37510
amendment to the state Medicaid plan, the Director shall implement	37511
the amendments to this section retroactive to the effective date	37512
of the state Medicaid plan amendment.	37513

Sec. 309.30.41. ADDITIONAL COMPENSATION FOR NURSING FACILITY	37514
CAPITAL COSTS	37515

The foregoing appropriation item 600-529, Capital	37516
Compensation Program, shall be used to make payments to nursing	37517
facilities under ~~the section of this act entitled "FISCAL YEARS~~	37518
~~2008 AND 2009 PAYMENTS TO CERTAIN NURSING FACILITIES~~Section	37519
309.30.42 of Am. Sub. H.B. 119 of the 127th General Assembly."	37520

The unencumbered balance of appropriation item 600-529,	37521
Capital Compensation Program, ~~at the end of fiscal year~~on	37522
September 30, 2008, is hereby appropriated to appropriation item	37523
600-525, Health Care/Medicaid, for fiscal year 2009 ~~for use under~~	37524
~~the same appropriation item~~. The Director of Budget and	37525
Management shall increase the state share of appropriations in	37526
appropriation item 600-525, Health Care/Medicaid, by the amount	37527
of the unencumbered balance of appropriation item 600-529,	37528
Capital Compensation Program, with a corresponding increase in	37529
the federal share.	37530

Sec. 309.30.42. FISCAL ~~YEARS~~YEAR 2008 ~~AND 2009~~ PAYMENTS TO	37531
CERTAIN NURSING FACILITIES	37532

(A) As used in this section:

37533

"Capital costs," "cost of ownership," and "renovation" have	37534
the same meanings as in section 5111.20 of the Revised Code as	37535
that section existed on June 30, 2005.	37536

"Change of operator" has the same meaning as in section	37537
5111.65 of the Revised Code.	37538

"Inpatient days," "Medicaid days," and "nursing facility"	37539
have the same meanings as in section 5111.20 of the Revised Code.	37540

"Reviewable activity" has the same meaning as in section	37541
3702.51 of the Revised Code.	37542

(B) The following qualify for per diem payments under this	37543
section:	37544

(1) A nursing facility to which both of the following apply:

37545

(a) Both of the following occurred during fiscal year 2006,	37546
or 2007, or the first three quarters of fiscal year 2008:	37547

(i) The facility obtained certification as a nursing facility	37548
from the Director of Health.	37549

(ii) The facility began participating in the Medicaid	37550
program.	37551

(b) An application for a certificate of need for the nursing	37552
facility was filed with the Director of Health before June 15,	37553
2005.	37554

(2) A nursing facility to which all of the following apply:

37555

(a) The nursing facility does not qualify for a payment	37556
pursuant to division (B)(1) of this section.	37557

(b) The nursing facility, before ~~June 30~~March 31, 2008,	37558
completed a capital project for which a certificate of need was	37559
filed with the Director of Health before June 15, 2005, and for	37560
which at least one of the following occurred before July 1, 2005,	37561
or, if the capital project is undertaken to comply with rules	37562
adopted by the Public Health Council regarding resident room size	37563
or occupancy, before June 30, 2007:	37564

(i) Any materials or equipment for the capital project were	37565
delivered;	37566

(ii) Preparations for the physical site of the capital	37567
project, including, if applicable, excavation, began;	37568

(iii) Actual work on the capital project began.

37569

(c) The costs of the capital project are not fully reflected	37570
in the capital costs portion of the nursing facility's Medicaid	37571
reimbursement per diem rate on June 30, 2005.	37572

(d) The nursing facility files a three-month projected	37573
capital cost report with the Director of Job and Family Services	37574
not later than ninety days after the later of March 30, 2006, or	37575
the date the capital project is completed.	37576

(3) A nursing facility that, before ~~June 30~~March 31, 2008,	37577
completed an activity to which all of the following apply:	37578

(a) A request was filed with the Director of Health before	37579
July 1, 2005, for a determination of whether the activity is a	37580
reviewable activity and the Director determined that the activity	37581
is not a reviewable activity.	37582

(b) At least one of the following occurred before July 1,	37583
2005, or, if the nursing facility undertakes the activity to	37584
comply with rules adopted by the Public Health Council regarding	37585
resident room size or occupancy, before June 30, 2007:	37586

(i) Any materials or equipment for the activity were	37587
delivered.	37588

(ii) Preparations for the physical site of the activity,	37589
including, if applicable, excavation, began.	37590

(iii) Actual work on the activity began.

37591

(c) The costs of the activity are not fully reflected in the	37592
capital costs portion of the nursing facility's Medicaid	37593
reimbursement per diem rate on June 30, 2005.	37594

(d) The nursing facility files a three-month projected	37595
capital cost report with the Director of Job and Family Services	37596
not later than ninety days after the later of March 30, 2006, or	37597
the date the activity is completed.	37598

(4) A nursing facility that, before ~~June 30~~March 31, 2008,	37599
completed a renovation to which all of the following apply:	37600

(a) The Director of Job and Family Services approved the	37601
renovation before July 1, 2005.	37602

(b) At least one of the following occurred before July 1,	37603
2005, or, if the nursing facility undertakes the renovation to	37604
comply with rules adopted by the Public Health Council regarding	37605
resident room size or occupancy, before June 30, 2007:	37606

(i) Any materials or equipment for the renovation were	37607
delivered.	37608

(ii) Preparations for the physical site of the renovation,	37609
including, if applicable, excavation, began.	37610

(iii) Actual work on the renovation began.

37611

(c) The costs of the renovation are not fully reflected in	37612
the capital costs portion of the nursing facility's Medicaid	37613
reimbursement per diem rate on June 30, 2005.	37614

(d) The nursing facility files a three-month projected	37615
capital cost report with the Director of Job and Family Services	37616
not later than ninety days after the later of March 30, 2006, or	37617
the date the renovation is completed.	37618

(C) If a nursing facility qualifies for per diem payments	37619
pursuant to division (B)(1) of this section ~~for fiscal year 2008~~,	37620
the nursing facility's per diem payments under this section ~~for~~	37621
~~fiscal year 2008~~ shall equal the difference between the capital	37622
costs portion of the nursing facility's Medicaid reimbursement per	37623
diem rate ~~determined under Section 309.30.20 ofthis act~~ on June	37624
30, 2006, or, if the nursing facility did not have a Medicaid	37625
reimbursement per diem rate on June 30, 2006, the capital costs	37626
portion of the nursing facility's initial rate established under	37627
section 5111.254 of the Revised Code and the lesser of the	37628
following:	37629

(1) Eighty-eight and sixty-five hundredths per cent of the	37630
nursing facility's cost of ownership as reported on a three-month	37631
projected capital cost report divided by the greater of the number	37632
of inpatient days the nursing facility is expected to have during	37633
the period covered by the projected capital cost report or the	37634
number of inpatient days the nursing facility would have during	37635
that period if the nursing facility's occupancy rate was eighty	37636
per cent.	37637

(2) The maximum capital per diem rate in effect for fiscal	37638
year 2005 for nursing facilities.	37639

(D) ~~If a nursing facility qualifies for per diem payments~~	37640
~~pursuant to division (B)(1) of this section for fiscal year 2009,~~	37641
~~the nursing facility's per diem payments under this section for~~	37642
~~fiscal year 2009 shall equal the difference between the capital~~	37643
~~costs portion of the nursing facility's Medicaid reimbursement per~~	37644
~~diem rate determined under Section 309.30.30 of this act and the~~	37645
~~lesser of the following:~~	37646

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	37647
~~nursing facility's cost of ownership as reported on a three-month~~	37648
~~projected capital cost report divided by the greater of the number~~	37649
~~of inpatient days the nursing facility is expected to have during~~	37650
~~the period covered by the projected capital cost report or the~~	37651
~~number of inpatient days the nursing facility would have during~~	37652
~~that period if the nursing facility's occupancy rate was eighty~~	37653
~~per cent.~~	37654

~~(2) The maximum capital per diem rate in effect for fiscal~~	37655
~~year 2005 for nursing facilities.~~	37656

~~(E)~~ The per diem payments paid ~~for fiscal year 2008~~ to a	37657
nursing facility that qualifies for the payments pursuant to	37658
division (B)(2) or (3) of this section shall equal the difference	37659
between the capital costs portion of the nursing facility's	37660
Medicaid reimbursement per diem rate ~~determined under Section~~	37661
~~309.30.20 of this act~~ on June 30, 2005, and the lesser of the	37662
following:	37663

(1) Eighty-eight and sixty-five hundredths per cent of the	37664
nursing facility's cost of ownership as reported on a three-month	37665
projected capital cost report divided by the greater of the number	37666
of inpatient days the nursing facility is expected to have during	37667
the period covered by the projected capital cost report or the	37668
number of inpatient days the nursing facility would have during	37669
that period if the nursing facility's occupancy rate was	37670
ninety-five per cent.	37671

(2) The maximum capital per diem rate in effect for fiscal	37672
year 2005 for nursing facilities.	37673

~~(F) The per diem payments paid for fiscal year 2009 to a~~	37674
~~nursing facility that qualifies for the payments pursuant to~~	37675
~~division (B)(2) or (3) of this section shall equal the difference~~	37676
~~between the capital costs portion of the nursing facility's~~	37677
~~Medicaid reimbursement per diem rate determined under Section~~	37678
~~309.30.30 of this act and the lesser of the following:~~	37679

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	37680
~~nursing facility's cost of ownership as reported on a three-month~~	37681
~~projected capital cost report divided by the greater of the number~~	37682
~~of inpatient days the nursing facility is expected to have during~~	37683
~~the period covered by the projected capital cost report or the~~	37684
~~number of inpatient days the nursing facility would have during~~	37685
~~that period if the nursing facility's occupancy rate was~~	37686
~~ninety-five per cent.~~	37687

~~(2) The maximum capital per diem rate in effect for fiscal~~	37688
~~year 2005 for nursing facilities.~~	37689

~~(G)~~(E) The per diem payments paid to a nursing facility that	37690
qualifies for the payments pursuant to division (B)(4) of this	37691
section shall equal eighty-five per cent of the nursing facility's	37692
capital costs for the renovation as reported on a three-month	37693
projected capital cost report divided by the greater of the number	37694
of inpatient days the nursing facility is expected to have during	37695
the period covered by the projected capital cost report or the	37696
number of inpatient days the nursing facility would have during	37697
that period if the nursing facility's occupancy rate was	37698
ninety-five per cent.	37699

~~(H)~~(F) All of the following apply to the per diem payments	37700
made under this section:	37701

(1) ~~All nursing facilities' eligibility for the payments~~	37702
~~shall cease at the earlier of the following:~~	37703

~~(a) July 1, 2009;~~

37704

~~(b) The date that the total amount of the payments equals~~	37705
~~seven million dollars.~~	37706

~~(2) The payments made for the last quarter that the payments~~	37707
~~are made may be reduced proportionately as necessary to avoid~~	37708
~~spending more than seven million dollars under this section.~~	37709

~~(3) The~~Subject to the following, the per diem payments shall	37710
be made for ~~quarterly periods~~only the first three quarters of	37711
fiscal year 2008 by multiplying the per diem determined for a	37712
nursing facility by the number of Medicaid days the nursing	37713
facility has for the ~~quarter~~quarters for which the payment is	37714
made:	37715

(a) Not more than a total of four million two hundred	37716
thousand dollars may be spent on the payments.	37717

(b) The payments may be reduced proportionately as necessary	37718
to avoid spending more than four million two hundred thousand	37719
dollars under this section.	37720

~~(4)~~(2) Any per diem payments to be made to a nursing facility	37721
~~for a quarter ending before July 2008~~under this section shall be	37722
made not later than ~~September~~30August 31, 2008.	37723

~~(5) Any per diem payments to be made to a nursing facility~~	37724
~~for a quarter beginning after June 2008 shall be made not later~~	37725
~~than three months after the last day of the quarter for which the~~	37726
~~payments are made.~~	37727

~~(6)~~(3) A change of operator shall not cause the payments to a	37728
nursing facility to ~~cease~~not be made.	37729

~~(7)~~(4) The payments shall only be made to a nursing facility	37730
for the first three quarters ~~during~~of fiscal ~~years~~year 2008 ~~and~~	37731
~~2009~~ for which the nursing facility has a valid Medicaid	37732
provider agreement.	37733

~~(8)~~(5) The payments shall be in addition to a nursing	37734
facility's Medicaid reimbursement per diem rate calculated under	37735
Section 309.30.20 ~~or 309.30.30~~ of ~~this act~~Am. Sub. H.B. 119 of	37736
the 127th General Assembly.	37737

~~(I)~~(G) The Director of Job and Family Services shall monitor,	37738
~~on a quarterly basis,~~ the per diem payments made to nursing	37739
facilities under this section to ensure that not more than a	37740
total of ~~seven~~four million two hundred thousand dollars is spent	37741
under this section.	37742

~~(J)~~(H) The determinations that the Director of Job and Family	37743
Services makes under this section are not subject to appeal under	37744
Chapter 119. of the Revised Code.	37745

~~(K)~~(I) The Director of Job and Family Services may adopt	37746
rules in accordance with Chapter 119. of the Revised Code as	37747
necessary to implement this section. The Director's failure to	37748
adopt the rules does not affect the requirement that the per diem	37749
payments be made under this section.	37750

Sec. 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE

37751

The foregoing appropriation item 600-658, Child Support	37752
Collections, shall be used by the Department of Job and Family	37753
Services to meet the TANF maintenance of effort requirements of 42	37754
U.S.C. 609(a)(7). When the state is assured that it will meet the	37755
maintenance of effort requirement, the Department of Job and	37756
Family Services may use funds from appropriation item 600-658,	37757
Child Support Collections, to support ~~child support~~public	37758
assistance activities.	37759

Sec. 337.30. COMMUNITY SERVICES

37760

General Revenue Fund	37761

GRF	322-413	Residential and Support Services	$	6,753,881	$	6,753,881	37762
GRF	322-416	Medicaid Waiver - State Match	$	109,551,380	$	109,551,380	37763
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	37764
GRF	322-501	County Boards Subsidies	$	87,270,048	$	87,270,048	37765
GRF	322-503	Tax Equity	$	14,000,000	$	14,000,000	37766
GRF	322-504	Martin Settlement	$	6,159,766	$	29,036,451	37767
TOTAL GRF General Revenue Fund			$	230,673,973	$	253,550,658	37768

General Services Fund Group	37769

488	322-603	Provider Audit Refunds	$	10,000	$	10,000	37770
5MO	322-628	Martin Settlement	$	150,000	$	0	37771
TOTAL GSF General Services							37772
Fund Group			$	160,000	$	10,000	37773

Federal Special Revenue Fund Group	37774

3G6	322-639	Medicaid Waiver - Federal	$	456,311,171	$	506,618,829	37775
3M7	322-650	CAFS Medicaid	$	4,278,713	$	0	37776
325	322-612	Community Social Service Programs	$	11,186,114	$	11,164,639	37777
TOTAL FED Federal Special Revenue							37778
Fund Group			$	471,775,998	$	517,783,468	37779

State Special Revenue Fund Group	37780

4K8	322-604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	37781
5DJ	322-625	Targeted Case Management Match	$	11,082,857	$	11,470,757	37782
5DJ	322-626	Targeted Case Management Services	$	27,548,737	$	28,512,943	37783
5EV	322-627	Program Fees	$	20,000	$	20,000	37784
5H0	322-619	Medicaid Repayment	$	10,000	$	10,000	37785
5Z1	322-624	County Board Waiver Match	$	116,000,000	$	126,000,000	37786
5CT	322-632	Intensive Behavioral Needs	$	0	$	1,000,000	37787
TOTAL SSR State Special Revenue							37788
Fund Group			$	166,661,594	$	~~178,013,700~~ 179,013,700	37789
TOTAL ALL COMMUNITY SERVICES							37790
BUDGET FUND GROUPS			$	869,271,565	$	~~949,357,826~~ 950,357,826	37791

Sec. 337.30.43. TAX EQUITY

37793

Notwithstanding section 5126.18 of the Revised Code, ~~if a~~	37794
~~county board of mental retardation and developmental disabilities~~	37795
~~received a tax equity payment in fiscal year 2007, but would not~~	37796
~~receive such a payment in fiscal years 2008 and 2009, the~~	37797
~~Department of Mental Retardation and Developmental Disabilities~~	37798
~~shall use the foregoing appropriation item 322-503, Tax Equity, to~~	37799
~~pay each such board in each fiscal year of the biennium an amount~~	37800
~~that is equal to the tax equity payment the board received in~~	37801
~~fiscal year 2007 or $25,000, whichever is less. The Department~~	37802
~~shall use the remainder of the appropriation item to make tax~~	37803
~~equity payments in accordance with section 5126.18 of the Revised~~	37804
~~Code~~for fiscal year 2009, if the Department of Mental Retardation	37805
and Developmental Disabilities determines that sufficient funds	37806
are available, the Department shall use the foregoing	37807
appropriation item 322-503, Tax Equity, to pay each county board	37808
of mental retardation and developmental disabilities an amount	37809
that is equal to the amount the board received for fiscal year	37810
2008. If the Department determines that there are not sufficient	37811
funds available in the appropriation item for this purpose, the	37812
Department shall pay to each county board an amount that is	37813
proportionate to the amount the board received for fiscal year	37814
2008. Proportionality shall be determined by dividing the total	37815
tax equity payments distributed to county boards for fiscal year	37816
2008 by the tax equity payment a county board received for fiscal	37817
year 2008.	37818

Sec. 337.40. RESIDENTIAL FACILITIES

37819

General Revenue Fund	37820

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		37821
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		37822

General Services Fund Group	37823

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	37824
TOTAL GSF General Services							37825
Fund Group			$	912,177	$	912,177	37826

Federal Special Revenue Fund Group	37827

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	37828
TOTAL FED Federal Special Revenue							37829
Fund Group			$	136,299,536	$	137,555,308	37830

State Special Revenue Fund Group	37831

221	322-620	Supplement Service Trust	$	150,000	$	150,000	37832
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	37833
TOTAL SSR State Special Revenue							37834
Fund Group			$	14,693,764	$	14,821,616	37835
TOTAL ALL RESIDENTIAL FACILITIES							37836
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	37837

DEPARTMENT TOTAL					37838
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	37839
DEPARTMENT TOTAL					37840
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	37841
DEPARTMENT TOTAL					37842
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	37843
DEPARTMENT TOTAL					37844
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	~~204,307,651~~ 205,307,651	37845
TOTAL DEPARTMENT OF MENTAL					37846
RETARDATION AND DEVELOPMENTAL					37847
DISABILITIES	$	1,173,981,084	$	~~1,252,695,175~~ 1,253,695,175	37848

Sec. 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	37850
PROGRAM	37851

The Director of Mental Retardation and Developmental	37852
Disabilities shall establish~~, as part of the Individual Options~~	37853
~~Medicaid Waiver program,~~ a pilot program ~~to be operated~~ during	37854
calendar year 2009 under which the Gallipolis Developmental	37855
Center ~~provides home and community-based services under the~~	37856
~~Individual Options Medicaid waiver program to not more than ten~~	37857
~~individuals at one time~~operates an intermediate care facility for	37858
the mentally retarded with eight beds at a site separate from the	37859
grounds of the developmental center. The Gallipolis Developmental	37860
Center may operate the intermediate care facility for the mentally	37861
retarded notwithstanding section 5123.196 of the Revised Code.	37862
Money shall be expended on the pilot program beginning in the	37863
first half of calendar year 2009.	37864

~~The pilot program shall be operated in a manner consistent~~	37865
~~with the terms of the consent order filed March 5, 2007, in~~ ~~Martin~~	37866
~~v. Strickland, Case No. 89-CV-00362, in the United States District~~	37867
~~Court for the Southern District of Ohio, Eastern Division. The~~	37868
~~pilot program also shall be operated in accordance with the~~	37869
~~federal Medicaid waiver authorizing the Individual Options~~	37870
~~Medicaid waiver program. Only individuals eligible for the~~	37871
~~Individual Options Medicaid waiver program who volunteer to~~	37872
~~receive home and community-based services under the Individual~~	37873
~~Options Medicaid waiver program from the Gallipolis Developmental~~	37874
~~Center may participate in the pilot program.~~ The Director of	37875
Mental Retardation and Developmental Disabilities and the	37876
Director of Job and Family Services shall provide the Gallipolis	37877
Developmental Center technical assistance ~~the Center needs~~	37878
regarding the pilot program.	37879

~~All expenses the Gallipolis Developmental Center incurs in~~	37880
~~participating in the pilot program shall be paid from the~~	37881
~~Medicaid payments the Center receives for providing home and~~	37882
~~community-based services under the program.~~	37883

The Director of Mental Retardation and Developmental	37884
Disabilities shall conduct an evaluation of the pilot program,	37885
including an evaluation of the quality and effectiveness of the	37886
~~home and community-based~~ services the Gallipolis Developmental	37887
Center provides under the pilot program. The Director shall submit	37888
a report of the evaluation to the Governor and the General	37889
Assembly not later than April 1, 2010. The Director shall include	37890
in the report recommendations ~~for or against permitting the~~	37891
~~Gallipolis Developmental Center to continue to provide home and~~	37892
~~community-based services under the Individual Options Medicaid~~	37893
~~waiver program and permitting other developmental centers to begin~~	37894
~~to provide these services~~regarding the continuation of the pilot	37895
program and whether other developmental centers should be	37896
permitted to establish and operate intermediate care facilities	37897
for the mentally retarded at sites separate from the grounds of	37898
the developmental centers.	37899

Sec. 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

37900

General Services Fund Group	37901

5F6	870-622	Utility and Railroad Regulation	$	32,820,027	$	33,804,627	37902
5F6	870-624	NARUC/NRRI Subsidy	$	158,000	$	158,000	37903
5F6	870-625	Motor Transportation Regulation	$	4,635,413	$	4,772,765	37904
TOTAL GSF General Services							37905
Fund Group			$	37,613,440	$	38,735,392	37906

Federal Special Revenue Fund Group	37907

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	37908
333	870-601	Gas Pipeline Safety	$	597,957	$	597,959	37909
350	870-608	Motor Carrier Safety	$	7,137,534	$	7,351,660	37910
TOTAL FED Federal Special Revenue							37911
Fund Group			$	8,035,491	$	8,249,619	37912

State Special Revenue Fund Group	37913

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757		$	1,349,757	37914
4L8	870-617	Pipeline Safety-State	$	187,621		$	187,621	37915
4S6	870-618	Hazardous Material Registration	$	464,325		$	464,325	37916
4S6	870-621	Hazardous Materials Base State Registration	$	373,346		$	373,346	37917
4U8	870-620	Civil Forfeitures	$	284,986		$	284,986	37918
5BP	870-623	Wireless 9-1-1 Administration	$	26,875,000		$	13,375,000	37919
5Q5	870-626	Telecommunication Relay Service	$	0		$	5,000,000	37920
559	870-605	Public Utilities Territorial Administration	$	4,000		$	4,000	37921
560	870-607	Public Utilities Investigations	$	100,000		$	100,000	37922
561	870-606	Power Siting Board	$	404,651		$	404,652	37923
638	870-611	Biomass Energy Program	$	40,000		$	40,000	37924
661	870-612	Hazardous Materials Transportation	$	900,000		$	900,000	37925
TOTAL SSR State Special Revenue								37926
Fund Group			$	30,983,686		$	~~17,483,687~~	37927
			22,483,687		37928

Agency Fund Group	37929

4G4	870-616	Base State Registration Program	$	2,000,000		$	0	37930
TOTAL AGY Agency Fund Group			$	2,000,000		$	0	37931
TOTAL ALL BUDGET FUND GROUPS			$	78,632,617		$	~~64,468,698~~	37932
			69,468,698		37933

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

37934

The fund created by section 4923.26 of the Revised Code is	37935
the same fund, with a new name, as the Commercial Vehicle	37936
Information Systems and Networks Fund (Fund 3V3).	37937

ENHANCED AND WIRELESS ENHANCED 9-1-1

37938

The foregoing appropriation item 870-623, Wireless 9-1-1	37939
Administration, shall be used pursuant to section 4931.63 of the	37940
Revised Code.	37941

TELECOMMUNICATIONS RELAY SERVICE FUNDING

37942

The Telecommunications Relay Service Fund is hereby created	37943
in the state treasury. The vendor selected to provide	37944
telecommunications relay service in Ohio, as required by 47 C.F.R.	37945
64.601, shall submit an invoice to the Public Utilities Commission	37946
by January 31, 2009, for costs it has incurred in providing the	37947
service during calendar year 2008. The Public Utilities Commission	37948
shall notify the Director of Budget and Management of the amount	37949
invoiced, and the Director of Budget and Management shall transfer	37950
that amount from the Public Utilities Fund (Fund 5F6) to the	37951
Telecommunications Relay Service Fund on or before February 28,	37952
2009. The amount transferred shall be used to pay the	37953
telecommunications relay service vendor the amount invoiced. This	37954
amount is hereby appropriated.	37955

Sec. 379.10. RSC REHABILITATION SERVICES COMMISSION

37956

General Revenue Fund	37957

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	37958
GRF	415-402	Independent Living Council	$	450,000	$	450,000	37959
GRF	415-406	Assistive Technology	$	47,531	$	47,531	37960
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	37961
GRF	415-506	Services for People with Disabilities	$	16,959,541	$	17,259,541	37962
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	37963
TOTAL GRF General Revenue Fund			$	26,584,552	$	26,884,552	37964

General Services Fund Group	37965

4W5	415-606	Program Management Expenses	$	18,123,188	$	18,557,040	37966
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	37967
TOTAL GSF General Services							37968
Fund Group			$	19,755,270	$	20,189,122	37969

Federal Special Revenue Fund Group	37970

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	37971
3L1	415-605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	37972
3L1	415-608	Social Security Vocational Rehabilitation	$	1,506,260	$	1,506,260	37973
3L4	415-612	Federal Independent Living Centers or Services	$	648,908	$	648,908	37974
3L4	415-615	Federal - Supported Employment	$	884,451	$	796,006	37975
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,490,944	$	1,490,944	37976
317	415-620	Disability Determination	$	82,808,006	$	87,546,215	37977
379	415-616	Federal - Vocational Rehabilitation	$	122,484,545	$	123,638,578	37978
TOTAL FED Federal Special							37979
Revenue Fund Group			$	214,316,854	$	220,120,651	37980

State Special Revenue Fund Group	37981

4L1	415-619	Services for Rehabilitation	$	3,765,337	$	4,500,000	37982
468	415-618	Third Party Funding	$	906,910	$	906,910	37983
TOTAL SSR State Special							37984
Revenue Fund Group			$	4,672,247	$	5,406,910	37985
TOTAL ALL BUDGET FUND GROUPS			$	265,328,923	$	272,601,235	37986

INDEPENDENT LIVING COUNCIL

37987

The foregoing appropriation item 415-402, Independent Living	37988
Council, shall be used to fund the operations of the State	37989
Independent Living Council and shall be used to support state	37990
independent living centers and independent living services under	37991
Title VII of the Independent Living Services and Centers for	37992
Independent Living of the Rehabilitation Act Amendments of 1992,	37993
106 Stat. 4344, 29 U.S.C. 796d.	37994

OFFICE FOR PEOPLE WITH BRAIN INJURY

37995

Of the foregoing appropriation item 415-431, Office for	37996
People with Brain Injury, up to $50,000 in each fiscal year shall	37997
be used for the state match for a federal grant awarded through	37998
the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to	37999
$50,000 in each fiscal year shall be provided to the Brain Injury	38000
Trust Fund. The remaining appropriation shall be used to plan and	38001
coordinate head-injury-related services provided by state agencies	38002
and other government or private entities, to assess the needs for	38003
such services, and to set priorities in this area.	38004

VOCATIONAL REHABILITATION SERVICES

38005

The foregoing appropriation item 415-506, Services for People	38006
with Disabilities, shall be used as state matching funds to	38007
provide vocational rehabilitation services to eligible consumers.	38008

SERVICES FOR THE DEAF

38009

The foregoing appropriation item 415-508, Services for the	38010
Deaf, shall be used to provide grants to community centers for the	38011
deaf. These funds shall not be provided in lieu of Social Security	38012
reimbursement funds.	38013

PROGRAM MANAGEMENT EXPENSES

38014

The foregoing appropriation item 415-606, Program Management	38015
Expenses, shall be used to support the administrative functions of	38016
the commission related to the provision of vocational	38017
rehabilitation, disability determination services, and ancillary	38018
programs.	38019

NATIONAL ACCREDITATION COMPLIANCE

38020

Of the foregoing appropriation item 415-616, Federal –	38021
Vocational Rehabilitation, ~~$125,000 in each fiscal year~~$250,000	38022
over the biennium shall be used to establish and implement a	38023
Community Rehabilitation Program national accreditation	38024
compliance and monitoring program administered by the Ohio	38025
Association of Rehabilitation Facilities.	38026

Not later than 30 days after the effective date of this	38027
amendment, the Rehabilitation Services Commission shall enter into	38028
a contract or other agreement that complies with 34 CRF 361.3(b)	38029
and 34 CRF 361.5(b)(2) with the Ohio Association of Rehabilitation	38030
Facilities and convey the funds to establish and implement the	38031
Community Rehabilitation Program national accreditation compliance	38032
and monitoring program.	38033

CLEVELAND SIGHT CENTER

38034

Of the foregoing appropriation item 415-616, Federal –	38035
Vocational Rehabilitation, $100,000 in each fiscal year shall be	38036
provided to the Cleveland Sight Center for Technology Initiative	38037
to purchase adaptive technology and software for the employment of	38038
Ohioans who are blind or visually impaired.	38039

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

38040

The foregoing appropriation item 415-617, Independent	38041
Living/Vocational Rehabilitation Programs, shall be used to	38042
support vocational rehabilitation programs.	38043

SOCIAL SECURITY REIMBURSEMENT FUNDS

38044

Reimbursement funds received from the Social Security	38045
Administration, United States Department of Health and Human	38046
Services, for the costs of providing services and training to	38047
return disability recipients to gainful employment shall be used	38048
in the Social Security Reimbursement Fund (Fund 3L1), to the	38049
extent funds are available, as follows:	38050

(A) Appropriation item 415-601, Social Security Personal Care	38051
Assistance, to provide personal care services in accordance with	38052
section 3304.41 of the Revised Code;	38053

(B) Appropriation item 415-608, Social Security Vocational	38054
Rehabilitation, to provide vocational rehabilitation services to	38055
individuals with severe disabilities who are Social Security	38056
beneficiaries, to enable them to achieve competitive employment.	38057
This appropriation item also includes funds to assist the Personal	38058
Care Assistance Program to pay its share of indirect costs as	38059
mandated by federal OMB Circular A-87.	38060

PERFORMANCE AUDIT

38061

The Auditor of State shall complete a performance audit of	38062
the Rehabilitation Services Commission. Upon completing the	38063
performance audit, the Auditor of State shall submit a report of	38064
the findings of the audit to the Governor, the President of the	38065
Senate, the Speaker of the House of Representatives, and the Board	38066
of Rehabilitation Services Commission. Expenses incurred by the	38067
Auditor of State to conduct the performance audit shall be	38068
reimbursed by the Rehabilitation Services Commission.	38069

INTERNAL REVIEW

38070

The Administrator of the Rehabilitation Services Commission	38071
shall consult with the Director of Budget and Management and	38072
representatives of local rehabilitation services agencies to	38073
conduct an internal review of policies and procedures to increase	38074
efficiency and identify and eliminate duplicative practices. Any	38075
savings identified as a result of the internal review or the	38076
performance audit conducted by the Auditor of State shall be used	38077
for community-based care.	38078

The Administrator of the Rehabilitation Services Commission	38079
shall seek Controlling Board approval before expending any funds	38080
identified as a result of the internal review or the performance	38081
audit.	38082

Sec. 393.10. SOS SECRETARY OF STATE

38083

General Revenue Fund	38084

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	38085
GRF	050-403	Election Statistics	$	103,936	$	103,936	38086
GRF	050-407	Pollworkers Training	$	277,997	$	277,997	38087
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	38088
GRF	050-505	County Postage Reimbursement	$	0	$	3,000,000	38089
TOTAL GRF General Revenue Fund			$	2,971,585	$	~~2,971,585~~ 5,971,585	38090

General Services Fund Group	38091

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	38092
412	050-609	Notary Commission	$	685,249	$	685,249	38093
413	050-601	Information Systems	$	119,955	$	119,955	38094
414	050-602	Citizen Education Fund	$	55,712	$	55,712	38095
TOTAL General Services Fund Group			$	868,116	$	868,116	38096

Federal Special Revenue Fund Group	38097

3AH	050-614	Election Reform/Health and Human Services	$	1,000,000	$	1,000,000	38098
3AS	050-616	2005 HAVA Voting Machines	$	4,750,000	$	2,750,000	38099
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	38100
TOTAL FED Federal Special Revenue							38101
Fund Group			$	5,791,000	$	3,791,000	38102

State Special Revenue Fund Group	38103

5N9	050-607	Technology Improvements	$	129,565	$	129,565	38104
599	050-603	Business Services Operating Expenses	$	13,761,734	$	13,761,734	38105
TOTAL SSR State Special Revenue							38106
Fund Group			$	13,891,299	$	13,891,299	38107

Holding Account Redistribution Fund Group	38108

R01	050-605	Uniform Commercial Code Refunds	$	30,000	$	30,000	38109
R02	050-606	Corporate/Business Filing Refunds	$	85,000	$	85,000	38110
TOTAL 090 Holding Account							38111
Redistribution Fund Group			$	115,000	$	115,000	38112
TOTAL ALL BUDGET FUND GROUPS			$	23,637,000	$	~~21,637,000~~ 24,637,000	38113

COUNTY POSTAGE REIMBURSEMENT

38114

The foregoing appropriation item 050-505, County Postage	38115
Reimbursement, shall be used to pay costs incurred by boards of	38116
elections to mail an absent voter's ballot application to each	38117
elector who is required to receive a notice under section 3501.19	38118
of the Revised Code for the November 4, 2008, general election.	38119
The foregoing appropriation also shall be used to pay return	38120
postage for absent voter's ballot applications returned by	38121
electors who wish to vote by absent voter's ballot at that	38122
election. Absent voter's ballot applications required to be mailed	38123
by a board of elections shall be mailed in conjunction with the	38124
notice of election required under section 3501.19 of the Revised	38125
Code. The Secretary of State shall establish a method by which	38126
funds for mailing absent voter's ballot applications are made	38127
available to boards of elections in advance of the required	38128
mailing.	38129

BOARD OF VOTING MACHINE EXAMINERS

38130

The foregoing appropriation item 050-610, Board of Voting	38131
Machine Examiners, shall be used to pay for the services and	38132
expenses of the members of the Board of Voting Machine Examiners,	38133
and for other expenses that are authorized to be paid from the	38134
Board of Voting Machine Examiners Fund, which is created in	38135
section 3506.05 of the Revised Code. Moneys not used shall be	38136
returned to the person or entity submitting the equipment for	38137
examination. If it is determined that additional appropriations	38138
are necessary, such amounts are appropriated.	38139

2005 HAVA VOTING MACHINES

38140

Of the foregoing appropriation item 050-616, 2005 HAVA Voting	38141
Machines, in fiscal year 2008 $15,000 shall be distributed to the	38142
Vinton County Board of Elections and $15,000 shall be distributed	38143
to the Morgan County Board of Elections to be used for emergency	38144
assistance for elections.	38145

On July 1, 2008, or as soon as possible thereafter, the	38146
Director of Budget and Management shall transfer any remaining	38147
unexpended, unencumbered appropriations in Fund 3AS, appropriation	38148
item 050-616, 2005 HAVA Voting Machines, for use in fiscal year	38149
2009. The transferred amount is hereby appropriated.	38150

On July 1, 2008, or as soon as possible thereafter, the	38151
Director of Budget and Management shall transfer any remaining	38152
unexpended, unencumbered appropriations in Fund 3AH, appropriation	38153
item 050-614, Election Reform/Health and Human Services Fund, for	38154
use in fiscal year 2009. The transferred amount is hereby	38155
appropriated.	38156

Ongoing interest earnings from the federal Election	38157
Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA	38158
Voting Machines Fund (Fund 3AS) shall be credited to the	38159
respective funds and distributed in accordance with the terms of	38160
the grant under which the money is received.	38161

HOLDING ACCOUNT REDISTRIBUTION GROUP

38162

The foregoing appropriation items 050-605 and 050-606,	38163
Holding Account Redistribution Fund Group, shall be used to hold	38164
revenues until they are directed to the appropriate accounts or	38165
until they are refunded. If it is determined that additional	38166
appropriations are necessary, such amounts are appropriated.	38167

Sec. 405.10. TAX DEPARTMENT OF TAXATION

38168

General Revenue Fund	38169

GRF	110-321	Operating Expenses	$	92,040,062	$	92,440,062	38170
GRF	110-404	Tobacco Settlement Enforcement	$	0	$	328,034	38171
GRF	110-412	Child Support Administration	$	71,680	$	71,680	38172
GRF	110-901	Property Tax Allocation - Taxation	$	446,953,165	$	478,613,618	38173
GRF	110-906	Tangible Tax Exemption - Taxation	$	9,177,962	$	4,588,981	38174
TOTAL GRF General Revenue Fund			$	548,242,869	$	576,042,375	38175

General Services Fund Group	38176

433	110-602	Tape File Account	$	125,000	$	140,000	38177
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	6,000,000	38178
5W4	110-625	Centralized Tax Filing and Payment	$	400,000	$	200,000	38179
5W7	110-627	Exempt Facility Administration	$	100,000	$	150,000	38180
5CZ	110-631	Vendor's License Application	$	1,000,000	$	1,000,000	38181
TOTAL GSF General Services							38182
Fund Group			$	7,625,000	$	7,490,000	38183

State Special Revenue Fund Group	38184

4C6	110-616	International Registration Plan	$	706,855		$	706,855	38185
4R6	110-610	Tire Tax Administration	$	125,000		$	150,000	38186
435	110-607	Local Tax Administration	$	17,250,000		$	17,250,000	38187
436	110-608	Motor Vehicle Audit	$	1,200,000		$	1,200,000	38188
437	110-606	Litter Tax and Natural Resource Tax Administration	$	675,000		$	800,000	38189
438	110-609	School District Income Tax	$	3,600,000		$	3,600,000	38190
5AP0	110632	Discovery Project	$	0		$	2,000,000	38191
5N5	110-605	Municipal Income Tax Administration	$	500,000		$	500,000	38192
5N6	110-618	Kilowatt Hour Tax Administration	$	125,000		$	175,000	38193
5V7	110-622	Motor Fuel Tax Administration	$	4,700,000		$	5,000,000	38194
5V8	110-623	Property Tax Administration	$	13,500,000		$	13,500,000	38195
639	110-614	Cigarette Tax Enforcement	$	100,000		$	100,000	38196
642	110-613	Ohio Political Party Distributions	$	600,000		$	600,000	38197
688	110-615	Local Excise Tax Administration	$	210,000		$	180,000	38198
TOTAL SSR State Special Revenue								38199
Fund Group			$	43,291,855		$	~~43,761,855~~	38200
			45,761,855		38201

Agency Fund Group	38202

095	110-995	Municipal Income Tax	$	21,000,000	$	21,000,000	38203
425	110-635	Tax Refunds	$	1,565,900,000	$	1,546,800,000	38204
TOTAL AGY Agency Fund Group			$	1,586,900,000	$	1,567,800,000	38205

Holding Account Redistribution Fund Group	38206

R10	110-611	Tax Distributions	$	50,000		$	50,000	38207
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000		$	50,000	38208
TOTAL 090 Holding Account								38209
Redistribution Fund Group			$	100,000		$	100,000	38210
TOTAL ALL BUDGET FUND GROUPS			$	2,186,159,724		$	~~2,195,194,230~~	38211
			2,197,194,230		38212

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	38213
EXEMPTION	38214

The foregoing appropriation item 110-901, Property Tax	38215
Allocation - Taxation, is hereby appropriated to pay for the	38216
state's costs incurred because of the Homestead Exemption, the	38217
Manufactured Home Property Tax Rollback, and the Property Tax	38218
Rollback. The Tax Commissioner shall distribute these funds	38219
directly to the appropriate local taxing districts, except for	38220
school districts, notwithstanding the provisions in sections	38221
321.24 and 323.156 of the Revised Code, which provide for payment	38222
of the Homestead Exemption, the Manufactured Home Property Tax	38223
Rollback, and Property Tax Rollback by the Tax Commissioner to the	38224
appropriate county treasurer and the subsequent redistribution of	38225
these funds to the appropriate local taxing districts by the	38226
county auditor.	38227

The foregoing appropriation item 110-906, Tangible Tax	38228
Exemption - Taxation, is hereby appropriated to pay for the	38229
state's costs incurred because of the tangible personal property	38230
tax exemption required by division (C)(3) of section 5709.01 of	38231
the Revised Code. The Tax Commissioner shall distribute to each	38232
county treasurer the total amount appearing in the notification	38233
from the county treasurer under division (G) of section 321.24 of	38234
the Revised Code for all local taxing districts located in the	38235
county except for school districts, notwithstanding the provision	38236
in section 321.24 of the Revised Code which provides for payment	38237
of the $10,000 tangible personal property tax exemption by the Tax	38238
Commissioner to the appropriate county treasurer for all local	38239
taxing districts located in the county including school districts.	38240
The county auditor shall distribute the amount paid by the Tax	38241
Commissioner among the appropriate local taxing districts except	38242
for school districts under division (G) of section 321.24 of the	38243
Revised Code.	38244

Upon receipt of these amounts, each local taxing district	38245
shall distribute the amount among the proper funds as if it had	38246
been paid as real or tangible personal property taxes. Payments	38247
for the costs of administration shall continue to be paid to the	38248
county treasurer and county auditor as provided for in sections	38249
319.54, 321.26, and 323.156 of the Revised Code.	38250

Any sums, in addition to the amounts specifically	38251
appropriated in appropriation items 110-901, Property Tax	38252
Allocation - Taxation, for the Homestead Exemption, the	38253
Manufactured Home Property Tax Rollback, and the Property Tax	38254
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	38255
for the $10,000 tangible personal property tax exemption payments,	38256
which are determined to be necessary for these purposes, are	38257
hereby appropriated.	38258

TAX DEPARTMENT DISCOVERY PROJECT

38259

On July 1, 2008, or as soon thereafter as possible, the	38260
Director of Budget and Management shall transfer $2,000,000 in	38261
cash from the General Revenue Fund to appropriation item 110632,	38262
Discovery Project (Fund 5APO), to acquire the necessary hardware,	38263
software, and services to establish and implement a tax discovery	38264
data system and for expenses incurred by the Department of	38265
Taxation to administer the system. The amount transferred is	38266
hereby appropriated in appropriation item 110632, Discovery	38267
Project, for fiscal year 2009.	38268

If, at any time during fiscal year 2009, the Tax Commissioner	38269
determines that additional cash transfers are necessary in	38270
appropriation item 110632, Discovery Project, to pay the actual	38271
costs of the tax discovery data system and other expenses the	38272
Department incurs attributable to the system in fiscal year 2009,	38273
the Tax Commissioner may request that the Director of Budget and	38274
Management increase such amounts. Such amounts are hereby	38275
appropriated, with the approval of the Director of Budget and	38276
Management.	38277

MUNICIPAL INCOME TAX

38278

The foregoing appropriation item 110-995, Municipal Income	38279
Tax, shall be used to make payments to municipal corporations	38280
under section 5745.05 of the Revised Code. If it is determined	38281
that additional appropriations are necessary to make these	38282
payments, such amounts are hereby appropriated.	38283

TAX REFUNDS

38284

The foregoing appropriation item 110-635, Tax Refunds, shall	38285
be used to pay refunds under section 5703.052 of the Revised Code.	38286
If it is determined that additional appropriations are necessary	38287
for this purpose, such amounts are hereby appropriated.	38288

INTERNATIONAL REGISTRATION PLAN AUDIT

38289

The foregoing appropriation item 110-616, International	38290
Registration Plan, shall be used under section 5703.12 of the	38291
Revised Code for audits of persons with vehicles registered under	38292
the International Registration Plan.	38293

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

38294

Of the foregoing appropriation item 110-607, Local Tax	38295
Administration, the Tax Commissioner may disburse funds, if	38296
available, for the purposes of paying travel expenses incurred by	38297
members of Ohio's delegation to the Streamlined Sales Tax Project,	38298
as appointed under section 5740.02 of the Revised Code. Any travel	38299
expense reimbursement paid for by the Department of Taxation shall	38300
be done in accordance with applicable state laws and guidelines.	38301

LITTER CONTROL TAX ADMINISTRATION FUND

38302

Notwithstanding section 5733.12 of the Revised Code, during	38303
the period from July 1, 2007, to June 30, 2008, the amount of	38304
$675,000, and during the period from July 1, 2008, to June 30,	38305
2009, the amount of $800,000, received by the Tax Commissioner	38306
under Chapter 5733. of the Revised Code, shall be credited to the	38307
Litter Control Tax Administration Fund (Fund 437).	38308

CENTRALIZED TAX FILING AND PAYMENT FUND

38309

The Director of Budget and Management, under a plan submitted	38310
by the Tax Commissioner, or as otherwise determined by the	38311
Director of Budget and Management, shall set a schedule to	38312
transfer cash from the General Revenue Fund to the credit of the	38313
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	38314
of cash shall not exceed $600,000 in the biennium.	38315

COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND

38316

The foregoing appropriation item 110-629, Commercial Activity	38317
Tax Administration Fund (Fund 5BQ), shall be used to pay expenses	38318
incurred by the Department of Taxation to implement and administer	38319
the Commercial Activity Tax under Chapter 5751. of the Revised	38320
Code.	38321

Notwithstanding section 3734.9010, division (B)(2)(c) of	38322
section 4505.09, division (B) of section 5703.12, section 5703.80,	38323
division (C)(6) of section 5727.81, sections 5733.122 and	38324
5735.053, division (C) of section 5739.21, section 5745.03,	38325
section 5743.024, section 5743.15, division (C) of section	38326
5747.03, and section 5747.113 of the Revised Code or any other	38327
provisions to the contrary, any residual cash balances determined	38328
and certified by the Tax Commissioner to the Director of Budget	38329
and Management shall be transferred on July 1, 2007, or as soon as	38330
possible thereafter, to the Commercial Activities Tax	38331
Administration Fund (Fund 5BQ).	38332

TOBACCO SETTLEMENT ENFORCEMENT

38333

The foregoing appropriation item 110-404, Tobacco Settlement	38334
Enforcement, shall be used by the Tax Commissioner to pay costs	38335
incurred in the enforcement of divisions (F) and (G) of section	38336
5743.03 of the Revised Code.	38337

Sec. 407.10. DOT DEPARTMENT OF TRANSPORTATION

38338

Transportation Modes	38339

General Revenue Fund	38340

GRF	775-451	Public Transportation - State	$	16,700,000	$	17,000,000	38341
GRF	776-465	Ohio Rail Development Commission	$	3,700,000	$	3,700,000	38342
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	38343
GRF	777-471	Airport Improvements - State	$	3,293,985	$	1,794,003	38344
TOTAL GRF General Revenue Fund			$	24,483,585	$	23,283,603	38345
TOTAL ALL BUDGET FUND GROUPS			$	24,483,585	$	23,283,603	38346

~~PUBLIC TRANSPORTATION - STATE~~

38347

~~Of the foregoing GRF appropriation item 775-451, Public~~	38348
~~Transportation - State, $200,000 in fiscal year 2008 shall be used~~	38349
~~for the Cleveland Metropolitan Park District West Creek Project.~~	38350

TRANSPORTATION STUDY

38351

Of the foregoing appropriation item 775-451, Public	38352
Transportation-State, $50,000 in fiscal year 2008 shall be used	38353
for a Franklin County school transportation study to determine the	38354
feasibility of a countywide pupil transportation system.	38355

~~AIRPORT IMPROVEMENTS~~

38356

~~Of the foregoing appropriation item 777-471, Airport~~	38357
~~Improvements - State, $1,500,000 in fiscal year 2008 shall be used~~	38358
~~for air travel and support and economic development of statewide~~	38359
~~airports. The Directors of Development and Transportation may~~	38360
~~enter into one or more interagency agreements between their two~~	38361
~~departments as necessary to implement a statewide strategy to~~	38362
~~enhance Ohio's airports as centers of regional economic~~	38363
~~development.~~	38364

Sec. 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	38365
NON-GRF FUNDS	38366

Notwithstanding any other provision of law to the contrary,	38367
during fiscal years 2008 and 2009, the Director of Budget and	38368
Management is hereby authorized to transfer cash from non-General	38369
Revenue Fund funds that are not constitutionally restricted to the	38370
General Revenue Fund. The total amount of cash transfers made	38371
pursuant to this section to the General Revenue Fund during fiscal	38372
years 2008 and 2009 shall not exceed ~~$70,000,000~~$120,000,000.	38373

Sec. 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT CAPITAL	38374
GRANT PROGRAMS	38375

~~On the first day of July of each fiscal year or as soon as~~	38376
~~possible thereafter, the Director of Budget and Management shall~~	38377
~~(1) transfer $9,817,105 in cash in fiscal year 2008 and~~	38378
~~$10,057,814 in cash in fiscal year 2009 from the Highway Operating~~	38379
~~Fund (Fund 002) to the Diesel Emissions Grant Fund established in~~	38380
~~section 122.861 of the Revised Code and (2) transfer $5,000,000 in~~	38381
~~each fiscal year from the Highway Operating Fund to the Transit~~	38382
~~Capital Fund (Fund 5E7). The amounts transferred are hereby~~	38383
~~appropriated.~~	38384

~~The transfer to the Diesel Emissions Grant Fund shall be used~~	38385
~~for the administration and oversight of the Diesel Emissions~~	38386
~~Reduction Grant Program within the Department of Development. In~~	38387
There is hereby established in the Highway Operating Fund (Fund	38388
7002) in the Department of Transportation a Diesel Emissions	38389
Reduction Grant Program. The Department of Development shall	38390
administer the program and shall solicit, evaluate, score, and	38391
select projects submitted by public and private entities that are	38392
eligible for the federal Congestion Mitigation and Air Quality	38393
(CMAQ) Program. The Department of Transportation shall process	38394
Federal Highway Administration-approved projects as recommended by	38395
the Department of Development.	38396

In addition to the allowable expenditures set forth in	38397
section 122.861 of the Revised Code, Diesel Emissions Reduction	38398
Grant Program funds also may be used to fund projects involving	38399
the purchase or use of hybrid and alternative fuel vehicles that	38400
are allowed under guidance developed by the Federal Highway	38401
Administration for the ~~Congestion Mitigation and Air Quality~~	38402
~~(CMAQ)~~CMAQ Program. The Director of Development, in consultation	38403
with the Director of Environmental Protection, shall develop	38404
guidance for distribution of the funds from the Diesel Emissions	38405
Grant Fund. The guidance shall include a method for	38406
prioritization of projects, acceptable technologies, and	38407
procedures for awarding grants and loans.	38408

~~The transfer to the Transit Capital Fund (Fund 5E7) shall be~~	38409
~~used to supplement the capital portion of the Ohio Public~~	38410
~~Transportation Grant Program within the Department of~~	38411
~~Transportation.~~	38412

~~These~~Public entities eligible to receive funds under section	38413
122.861 of the Revised Code and CMAQ shall be reimbursed from the	38414
Department of Transportation's Diesel Emissions Reduction Grant	38415
Program.	38416

Private entities eligible to receive funds under section	38417
122.861 of the Revised Code and CMAQ shall be reimbursed through	38418
transfers of cash from the Department of Transportation's Diesel	38419
Emissions Reduction Grant Program to the Department of	38420
Development's Diesel Emissions Reduction Grant Fund (Fund 3BD0)	38421
established in section 122.861 of the Revised Code.	38422

Appropriation item 195-697, Diesel Emissions Reduction	38423
Grants, is hereby established with an appropriation of $9,817,105	38424
in fiscal year 2008 and $10,057,814 in fiscal year 2009. Total	38425
expenditures between both the Departments of Development and	38426
Transportation shall not exceed the appropriated amounts stated	38427
in this section.	38428

On or before June 30, 2008, any unencumbered balance of the	38429
foregoing appropriation item 195-697, Diesel Emissions Reduction	38430
Grants, for fiscal year 2008, less amounts encumbered by the	38431
Department of Transportation for reimbursement of public entities	38432
for fiscal year 2008, is hereby appropriated for the same purposes	38433
for fiscal year 2009.	38434

Up to $5,000,000 in the Highway Operating Fund (Fund 7002)	38435
shall be used each fiscal year for the Transit Capital Program in	38436
conjunction with funding provided in the Department of	38437
Transportation's budget under the Ohio Public Transportation Grant	38438
Program.	38439

On or before June 30, 2008, any unencumbered balance of the	38440
Transit Capital Program in fiscal year 2008 is hereby appropriated	38441
for the same purposes in fiscal year 2009.	38442

Any cash transfers or allocations under this section	38443
represent CMAQ program moneys within the Department of	38444
Transportation for use by the Diesel Emissions Reduction Grant	38445
Program by the Department of Development and for use by the Ohio	38446
Public Transportation Grant Program by the Ohio Department of	38447
Transportation. These allocations shall not reduce the amount of	38448
such moneys designated for metropolitan planning organizations.	38449

The Director of Development, in consultation with the	38450
Directors of Environmental Protection and Transportation, shall	38451
develop guidance for the administration of the Diesel Emissions	38452
Reduction Grant Program. The guidance shall include a method for	38453
prioritization of projects, acceptable technologies, and	38454
procedures for awarding grants.	38455

Sec. 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO	38456
SECURITIZATION	38457

(A) Notwithstanding any other provision of law to the	38458
contrary, the Director of Budget and Management, periodically on	38459
any date following the issuance of the tobacco obligations	38460
authorized in section 183.51 of the Revised Code and through June	38461
30, 2009, shall:	38462

(1) Determine the amount of appropriation items 235-909,	38463
Higher Education General Obligation Debt Service, and 230-908,	38464
Common Schools General Obligation Debt Service, that are in excess	38465
of the amounts needed to pay all debt service and financing costs	38466
on those obligations payable from each of those items and transfer	38467
all or any portion of that excess appropriation to appropriation	38468
item 200-901, Property Tax Allocation-Education, or 110-901,	38469
Property Tax Allocation-Taxation, or both together as needed for	38470
the purposes of making the state's property tax relief payments to	38471
school districts and counties.	38472

(2) Determine the amount by which interest earnings credited	38473
to Fund 034, Higher Education Improvement Fund, and Fund 032,	38474
School Building Program Assistance Fund, from the investment of	38475
the net proceeds of those tobacco obligations exceed the amount	38476
needed to satisfy appropriations from those funds, transfer all	38477
or part of that excess cash balance to the General Revenue Fund,	38478
and increase appropriation item 200-901, Property Tax	38479
Allocation-Education, or 110-901, Property Tax	38480
Allocation-Taxation, or both together, by up to the amount of cash	38481
so transferred to the General Revenue Fund.	38482

(3) Determine the amount of capital appropriations in	38483
CAP-770, School Building Assistance Program, and transfers of cash	38484
to Fund 5E3, School Facilities Commission, that are necessary to	38485
fully expend the amount of net proceeds deposited into Fund 032,	38486
School Building Program Assistance Fund, from the issuance of	38487
those tobacco obligations, and increase the appropriations for	38488
CAP-770 and appropriation item 230-644, Operating Expenses-School	38489
Facilities Commission, by the necessary amounts.	38490

(4) Determine the amount of additional capital	38491
appropriations, if any necessary to fully expend the amount of net	38492
proceeds deposited from the issuance of those tobacco obligations	38493
into Fund 034, Higher Education Improvement Fund.	38494

(5) Reduce by up to $800,000,000 the amount of authorization	38495
to issue and sell general obligations to pay the costs of capital	38496
facilities for a system of common schools throughout the state	38497
granted to the Ohio Public Facilities Commission by prior acts of	38498
the General Assembly. This reduction reflects the utilization of	38499
the net proceeds of those tobacco obligations in place of general	38500
obligation bond proceeds to support capital appropriations	38501
payable from Fund 032, School Building Assistance Fund.	38502

(6) Reduce by up to $950,000,000 the amount of authorization	38503
to issue and sell general obligations to pay the costs of capital	38504
facilities for state-supported and state-assisted institutions of	38505
higher education granted to the Ohio Public Facilities Commission	38506
by prior acts of the General Assembly. This reduction reflects	38507
the utilization of the net proceeds of those tobacco obligations	38508
in place of general obligation bond proceeds to support capital	38509
appropriations payable from Fund 034, Higher Education	38510
Improvement Fund.	38511

(B) ~~Before~~Except for transfers to the General Revenue Fund	38512
in accordance with division (A)(2) of this section, before the	38513
Office of Budget and Management transfers or increases or	38514
decreases any appropriations or authorizations described in	38515
division (A) of this section, the Office of Budget and Management	38516
shall seek Controlling Board approval.	38517

Section 610.41. That existing Sections 207.20.50,	38518
207.20.70, 207.30.10, 207.30.20, 207.30.30, 219.10, 235.10,	38519
261.10, 263.10, 263.20.10, 263.20.80, 263.30.10, 269.30.30,	38520
269.30.70, 269.40.50, 269.50.30, 275.10, 293.10, 299.10,	38521
307.10, 309.10, 309.30.13, 309.30.30, 309.30.40, 309.30.41,	38522
309.30.42, 309.40.33, 337.30, 337.30.43, 337.40, 337.40.15,	38523
369.10, 375.10, 379.10, 393.10, 405.10, 407.10, 512.03, 512.35,	38524
and 518.03 of Am. Sub. H.B. 119 of the 127th General Assembly	38525
are hereby repealed.	38526

Section 610.44. That Section 249.10 of Am. Sub. H.B. 119 of	38527
the 127th General Assembly, as amended by Am. Sub. S.B. 155 of	38528
the 127th General Assembly, be amended to read as follows:	38529

Sec. 249.10. CEB CONTROLLING BOARD

38530

General Revenue Fund	38531

GRF	911-404	Mandate Assistance	$	650,000	$	650,000	38532
GRF	911-441	Ballot Advertising Costs	$	1,400,000	$	300,000	38533
TOTAL GRF General Revenue Fund			$	2,050,000	$	950,000	38534
TOTAL ALL BUDGET FUND GROUPS			$	2,050,000	$	950,000	38535

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	38536
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	38537

Notwithstanding any other provision of law to the contrary,	38538
the Director of Budget and Management may, with Controlling Board	38539
approval, ~~transfer~~appropriate up to $4,000,000 ~~in cash~~, in each	38540
of fiscal years 2008 and 2009~~, from the Disaster Services Fund~~	38541
~~(Fund 5E2) to the General Revenue Fund. Upon completion of the~~	38542
~~transfer, the Director of Budget and Management shall appropriate~~	38543
~~the transferred amount~~ to appropriation item 911-401, Emergency	38544
Purposes/Contingencies. The Controlling Board may, at the request	38545
of any state agency or the Director of Budget and Management,	38546
transfer all or part of the appropriation in appropriation item	38547
911-401, Emergency Purposes/Contingencies, for the purpose of	38548
providing disaster and emergency situation aid to state agencies	38549
and political subdivisions in the event of disasters and emergency	38550
situations or for the other purposes noted in this section,	38551
including, but not limited to, costs related to the disturbance	38552
that occurred on April 11, 1993, at the Southern Ohio Correctional	38553
Facility in Lucasville, Ohio. Following each increase in	38554
appropriation in appropriation item 911-401, Emergency	38555
Purposes/Contingencies, approved by the Controlling Board, the	38556
Director of Budget and Management shall transfer an amount equal	38557
to the appropriation increase, in an amount not to exceed	38558
$4,000,000 in each of fiscal years 2008 and 2009, from the	38559
Disaster Services Fund (Fund 5E2) to the General Revenue Fund.	38560

FEDERAL SHARE

38561

In transferring appropriations to or from appropriation items	38562
that have federal shares identified in Am. Sub. H.B. 119 of the	38563
127th General Assembly, the Controlling Board shall add or	38564
subtract corresponding amounts of federal matching funds at the	38565
percentages indicated by the state and federal division of the	38566
appropriations in Am. Sub. H.B. 119 of the 127th General	38567
Assembly. Such changes are hereby appropriated.	38568

DISASTER ASSISTANCE

38569

Pursuant to requests submitted by the Department of Public	38570
Safety, the Controlling Board may approve transfers from	38571
appropriation item 911-401, Emergency Purposes/Contingencies, to	38572
Department of Public Safety appropriation items to provide funding	38573
for assistance to political subdivisions and individuals made	38574
necessary by natural disasters or emergencies. Such transfers may	38575
be requested and approved prior to or following the occurrence of	38576
any specific natural disasters or emergencies in order to	38577
facilitate the provision of timely assistance.	38578

DISASTER SERVICES

38579

Pursuant to requests submitted by the Department of Public	38580
Safety, the Controlling Board may approve transfers from the	38581
Disaster Services Fund (5E2) to a Department of Public Safety fund	38582
and appropriation item to provide for assistance to political	38583
subdivisions made necessary by natural disasters or emergencies.	38584
These transfers may be requested and approved prior to the	38585
occurrence of any specific natural disasters or emergencies in	38586
order to facilitate the provision of timely assistance. The	38587
Emergency Management Agency of the Department of Public Safety	38588
shall use the funding to fund the State Disaster Relief Program	38589
for disasters that have been declared by the Governor, and the	38590
State Individual Assistance Program for disasters that have been	38591
declared by the Governor and the federal Small Business	38592
Administration. The Ohio Emergency Management Agency shall publish	38593
and make available application packets outlining procedures for	38594
the State Disaster Relief Program and the State Individual	38595
Assistance Program.	38596

The Disaster Services Fund (5E2) shall be used by the	38597
Controlling Board, pursuant to requests submitted by state	38598
agencies, to transfer cash and appropriation authority to any fund	38599
and appropriation item for the payment of state agency disaster	38600
relief program expenses for disasters declared by the Governor,	38601
if the Director of Budget and Management determines that	38602
sufficient funds exist.	38603

The unencumbered balance of the Disaster Services Fund (5E2)	38604
at the end of fiscal year 2008 is transferred to fiscal year 2009	38605
for use for the same purposes as in fiscal year 2009.	38606

SOUTHERN OHIO CORRECTIONAL FACILITY COST

38607

The Division of Criminal Justice Services in the Department	38608
of Public Safety and the Public Defender Commission may each	38609
request, upon approval of the Director of Budget and Management,	38610
additional funds from appropriation item 911-401, Emergency	38611
Purposes/Contingencies, for costs related to the disturbance that	38612
occurred on April 11, 1993, at the Southern Ohio Correctional	38613
Facility in Lucasville, Ohio.	38614

MANDATE ASSISTANCE

38615

(A) The foregoing appropriation item 911-404, Mandate	38616
Assistance, shall be used to provide financial assistance to local	38617
units of government and school districts for the cost of the	38618
following two state mandates:	38619

(1) The cost to county prosecutors for prosecuting certain	38620
felonies that occur on the grounds of state institutions operated	38621
by the Department of Rehabilitation and Correction and the	38622
Department of Youth Services;	38623

(2) The cost to school districts of in-service training for	38624
child abuse detection.	38625

(B) The Division of Criminal Justice Services in the	38626
Department of Public Safety and the Department of Education may	38627
prepare and submit to the Controlling Board one or more requests	38628
to transfer appropriations from appropriation item 911-404,	38629
Mandate Assistance. The state agencies charged with this	38630
administrative responsibility are listed below, as well as the	38631
estimated annual amounts that may be used for each program of	38632
state financial assistance.	38633

		ESTIMATED	38634
	ADMINISTERING	ANNUAL	38635
PROGRAM	AGENCY	AMOUNT	38636

Prosecution Costs	Division of Criminal	$150,000	38637
	Justice Services		38638
Child Abuse Detection Training Costs	Department of Education	$500,000	38639

(C) Subject to the total amount appropriated in each fiscal	38640
year for appropriation item 911-404, Mandate Assistance, the	38641
Division of Criminal Justice Services in the Department of Public	38642
Safety and the Department of Education may request from the	38643
Controlling Board that amounts smaller or larger than these	38644
estimated annual amounts be transferred to each program.	38645

(D) In addition to making the initial transfers requested by	38646
the Division of Criminal Justice Services in the Department of	38647
Public Safety and the Department of Education, the Controlling	38648
Board may transfer appropriations received by a state agency under	38649
this section back to appropriation item 911-404, Mandate	38650
Assistance, or to the other program of state financial assistance	38651
identified under this section.	38652

(E) It is expected that not all costs incurred by local units	38653
of government and school districts under each of the two programs	38654
of state financial assistance identified in this section will be	38655
fully reimbursed by the state. Reimbursement levels may vary by	38656
program and shall be based on: the relationship between the	38657
appropriation transfers requested by the Division of Criminal	38658
Justice Services in the Department of Public Safety and the	38659
Department of Education and provided by the Controlling Board for	38660
each of the programs; the rules and procedures established for	38661
each program by the administering state agency; and the actual	38662
costs incurred by local units of government and school districts.	38663

(F) Each of these programs of state financial assistance	38664
shall be carried out as follows:	38665

(1) PROSECUTION COSTS

38666

(a) Appropriations may be transferred to the Division of	38667
Criminal Justice Services in the Department of Public Safety to	38668
cover local prosecution costs for aggravated murder, murder,	38669
felonies of the first degree, and felonies of the second degree	38670
that occur on the grounds of institutions operated by the	38671
Department of Rehabilitation and Correction and the Department of	38672
Youth Services.	38673

(b) Upon a delinquency filing in juvenile court or the return	38674
of an indictment for aggravated murder, murder, or any felony of	38675
the first or second degree that was committed at a Department of	38676
Youth Services or a Department of Rehabilitation and Correction	38677
institution, the affected county may, in accordance with rules	38678
that the Division of Criminal Justice Services in the Department	38679
of Public Safety shall adopt, apply to the Division of Criminal	38680
Justice Services for a grant to cover all documented costs that	38681
are incurred by the county prosecutor's office.	38682

(c) Twice each year, the Division of Criminal Justice	38683
Services in the Department of Public Safety shall designate	38684
counties to receive grants from those counties that have submitted	38685
one or more applications in compliance with the rules that have	38686
been adopted by the Division of Criminal Justice Services for the	38687
receipt of such grants. In each year's first round of grant	38688
awards, if sufficient appropriations have been made, up to a total	38689
of $100,000 may be awarded. In each year's second round of grant	38690
awards, the remaining appropriations available for this purpose	38691
may be awarded.	38692

(d) If for a given round of grants there are insufficient	38693
appropriations to make grant awards to all the eligible counties,	38694
the first priority shall be given to counties with cases involving	38695
aggravated murder and murder; second priority shall be given to	38696
counties with cases involving a felony of the first degree; and	38697
third priority shall be given to counties with cases involving a	38698
felony of the second degree. Within these priorities, the grant	38699
awards shall be based on the order in which the applications were	38700
received, except that applications for cases involving a felony of	38701
the first or second degree shall not be considered in more than	38702
two consecutive rounds of grant awards.	38703

(2) CHILD ABUSE DETECTION TRAINING COSTS

38704

Appropriations may be transferred to the Department of	38705
Education for disbursement to local school districts as full or	38706
partial reimbursement for the cost of providing in-service	38707
training for child abuse detection. In accordance with rules that	38708
the department shall adopt, a local school district may apply to	38709
the department for a grant to cover all documented costs that are	38710
incurred to provide in-service training for child abuse detection.	38711
The department shall make grants within the limits of the funding	38712
provided.	38713

(G) Any moneys allocated within appropriation item 911-404,	38714
Mandate Assistance, not fully utilized may, upon application of	38715
the Ohio Public Defender Commission, and with the approval of the	38716
Controlling Board, be disbursed to boards of county commissioners	38717
to provide additional reimbursement for the costs incurred by	38718
counties in providing defense to indigent defendants pursuant to	38719
Chapter 120. of the Revised Code. Application for the unutilized	38720
funds shall be made by the Ohio Public Defender Commission at the	38721
first June meeting of the Controlling Board.	38722

The amount to be disbursed to each county shall be allocated	38723
proportionately on the basis of the total amount of reimbursement	38724
paid to each county as a percentage of the amount of reimbursement	38725
paid to all of the counties during the most recent state fiscal	38726
year for which data is available and as calculated by the Ohio	38727
Public Defender Commission.	38728

BALLOT ADVERTISING COSTS

38729

Pursuant to requests submitted by the ~~Ohio Ballot Board~~	38730
Secretary of State, the Controlling Board shall approve transfers	38731
from the foregoing appropriation item 911-441, Ballot Advertising	38732
Costs, to ~~the~~a Secretary of State appropriation item in order to	38733
pay for the cost of public notices associated with statewide	38734
ballot initiatives.	38735

Of the foregoing appropriation item 911-441, Ballot	38736
Advertising Costs, up to $1,100,000 in fiscal year 2008 shall be	38737
used to reimburse county boards of elections for all costs of	38738
conducting any special election during fiscal year 2008.	38739

The unencumbered balance of appropriation item 991-441,	38740
Ballot Advertising Costs, at the end of fiscal year 2008 shall be	38741
transferred to fiscal year 2009 for use under the same	38742
appropriation item. The amounts transferred are hereby	38743
appropriated.	38744

Section 610.45. That existing Section 249.10 of Am. Sub. H.B.	38745
119 of the 127th General Assembly, as amended by Am. Sub. S.B. 155	38746
of the 127th General Assembly, is hereby repealed.	38747

Section 610.47. That Section 375.10 of Am. Sub. H.B. 119 of	38748
the 127th General Assembly, as amended by Am. H.B. 381 of the	38749
127th General Assembly, be amended to read as follows:	38750

Sec. 375.10. BOR BOARD OF REGENTS

38751

General Revenue Fund	38752

GRF	235-321	Operating Expenses	$	3,141,351	$	3,141,351	38753
GRF	235-401	Lease Rental Payments	$	203,177,900	$	136,017,500	38754
GRF	235-402	Sea Grants	$	300,000	$	300,000	38755
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	38756
GRF	235-408	Midwest Higher Education Compact	$	95,000	$	95,000	38757
GRF	235-409	Information System	$	1,175,172	$	1,175,172	38758
GRF	235-414	State Grants and Scholarship Administration	$	1,707,881	$	1,707,881	38759
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	38760
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	38761
GRF	235-418	Access Challenge	$	66,585,769	$	66,585,769	38762
GRF	235-420	Success Challenge	$	53,653,973	$	53,653,973	38763
GRF	235-428	Appalachian New Economy Partnership	$	1,176,068	$	1,176,068	38764
GRF	235-433	Economic Growth Challenge	$	17,186,194	$	17,186,194	38765
GRF	235-434	College Readiness and Access	$	12,655,425	$	12,655,425	38766
GRF	235-435	Teacher Improvement Initiatives	$	4,797,506	$	11,297,506	38767
GRF	235-436	AccelerateOhio	$	1,250,000	$	2,500,000	38768
GRF	235-438	Choose Ohio First Scholarship	$	50,000,000	$	50,000,000	38769
GRF	235-439	Ohio Research Scholars	$	30,000,000	$	1,000,000	38770
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	38771
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	38772
GRF	235-501	State Share of Instruction	$	1,678,877,952	$	1,842,965,747	38773
GRF	235-502	Student Support Services	$	795,790	$	795,790	38774
GRF	235-503	Ohio Instructional Grants	$	42,533,966	$	18,315,568	38775
GRF	235-504	War Orphans Scholarships	$	4,812,321	$	4,812,321	38776
GRF	235-507	OhioLINK	$	7,387,824	$	7,387,824	38777
GRF	235-508	Air Force Institute of Technology	$	2,050,345	$	2,050,345	38778
GRF	235-510	Ohio Supercomputer Center	$	4,271,195	$	4,271,195	38779
GRF	235-511	Cooperative Extension Service	$	26,273,260	$	26,273,260	38780
GRF	235-513	Ohio University Voinovich Center	$	669,082	$	669,082	38781
GRF	235-514	Central State Supplement	$	11,756,414	$	12,109,106	38782
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	38783
GRF	235-518	Capitol Scholarship Program	$	125,000	$	125,000	38784
GRF	235-519	Family Practice	$	4,548,470	$	4,548,470	38785
GRF	235-520	Shawnee State Supplement	$	2,502,323	$	2,577,393	38786
GRF	235-521	The Ohio State University John Glenn School of Public Affairs	$	619,082	$	619,082	38787
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	38788
GRF	235-525	Geriatric Medicine	$	750,110	$	750,110	38789
GRF	235-526	Primary Care Residencies	$	2,245,688	$	2,245,688	38790
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	38791
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	38792
GRF	235-531	Student Choice Grants	$	38,485,376	$	38,485,376	38793
GRF	235-535	Ohio Agricultural Research and Development Center	$	37,174,292	$	37,174,292	38794
GRF	235-536	The Ohio State University Clinical Teaching	$	13,565,885	$	13,565,885	38795
GRF	235-537	University of Cincinnati Clinical Teaching	$	11,157,756	$	11,157,756	38796
GRF	235-538	University of Toledo Clinical Teaching	$	8,696,866	$	8,696,866	38797
GRF	235-539	Wright State University Clinical Teaching	$	4,225,107	$	4,225,107	38798
GRF	235-540	Ohio University Clinical Teaching	$	4,084,540	$	4,084,540	38799
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,200,945	$	4,200,945	38800
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	100,000	$	100,000	38801
GRF	235-547	School of International Business	$	450,000	$	650,000	38802
GRF	235-552	Capital Component	$	~~19,306,442~~ 19,789,868	$	~~19,306,442~~ 19,789,868	38803
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,931,599	$	2,931,599	38804
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	38805
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	38806
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	38807
GRF	235-558	Long-term Care Research	$	461,047	$	461,047	38808
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	38809
GRF	235-563	Ohio College Opportunity Grant	$	139,974,954	$	151,113,781	38810
GRF	235-567	Central State University Speed to Scale	$	4,400,000	$	3,800,000	38811
GRF	235-571	James A. Rhodes Scholarship	$	10,000,000	$	0	38812
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	38813
GRF	235-573	Ohio Humanities Council	$	25,000	$	25,000	38814
GRF	235-583	Urban University Program	$	5,825,937	$	5,825,937	38815
GRF	235-587	Rural University Projects	$	1,159,889	$	1,159,889	38816
GRF	235-596	Hazardous Materials Program	$	360,435	$	360,435	38817
GRF	235-599	National Guard Scholarship Program	$	16,611,063	$	16,611,063	38818
GRF	235-909	Higher Education General Obligation Debt Service	$	172,722,400	$	208,747,200	38819
TOTAL GRF General Revenue Fund			$	~~2,773,258,537~~ 2,773,741,963	$	~~2,861,908,923~~ 2,862,392,349	38820

General Services Fund Group	38821

220	235-614	Program Approval and Reauthorization	$	800,000	$	800,000	38822
456	235-603	Sales and Services	$	700,000	$	700,000	38823
TOTAL GSF General Services							38824
Fund Group			$	1,500,000	$	1,500,000	38825

Federal Special Revenue Fund Group	38826

3BG	235-626	Star Schools	$	2,980,865	$	2,990,746	38827
3H2	235-608	Human Services Project	$	3,000,000	$	3,000,000	38828
3H2	235-622	Medical Collaboration Network	$	3,346,144	$	3,346,144	38829
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	38830
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	250,000	$	250,000	38831
312	235-609	Tech Prep	$	183,850	$	183,850	38832
312	235-611	Gear-up Grant	$	3,300,000	$	3,300,000	38833
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	38834
312	235-617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	38835
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	38836
TOTAL FED Federal Special Revenue							38837
Fund Group			$	20,257,469	$	20,267,350	38838

State Special Revenue Fund Group	38839

4E8	235-602	Higher Educational Facility Commission Administration	$	50,000	$	45,000	38840
4P4	235-604	Physician Loan Repayment	$	476,870	$	~~476,870~~ 0	38841
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	38842
682	235-606	Nursing Loan Program	$	893,000	$	893,000	38843
5DT	235-627	American Diploma Project	$	250,000	$	0	38844
TOTAL SSR State Special Revenue							38845
Fund Group			$	2,429,870	$	~~2,174,870~~ 1,698,000	38846

Third Frontier Research & Development Fund Group	38847

011	235-634	Research Incentive Third Frontier Fund	$	6,000,000	$	6,000,000	38848
TOTAL 011 Third Frontier Research & Development Fund Group			$	6,000,000	$	6,000,000	38849
TOTAL ALL BUDGET FUND GROUPS			$	~~2,803,445,876~~ 2,803,929,302	$	~~2,891,851,143~~ 2,891,857,699	38850

Section 610.48. That existing Section 375.10 of Am. Sub.	38852
H.B. 119 of the 127th General Assembly, as amended by Am. H.B. 381	38853
of the 127th General Assembly, is hereby repealed.	38854

Section 610.50. That Sections 101.10, 103.80.50, 201.30,	38855
201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B. 496 of	38856
the 127th General Assembly be amended to read as follows:	38857

Sec. 101.10. All items set forth in this section are hereby	38858
appropriated out of any moneys in the General Revenue Fund (GRF)	38859
that are not otherwise appropriated:	38860

Reappropriations

DAS DEPARTMENT OF ADMINISTRATIVE SERVICES	38861

C10002	Rural Areas Community Improvements	$	20,000	38862
C10008	Urban Areas Community Improvements	$	868,900	38863
Total Department of Administrative Services		$	888,900	38864
TOTAL GRF General Revenue Fund		$	888,900	38865

RURAL AREAS COMMUNITY IMPROVEMENTS

38866

The foregoing appropriation item C10002, Rural Areas	38867
Community Improvements, shall be granted for the Red Mill Creek	38868
Water Retention Basin.	38869

URBAN AREAS COMMUNITY IMPROVEMENTS

38870

From the foregoing appropriation item C10008, Urban Areas	38871
Community Improvements, grants shall be made for the following	38872
projects: $50,000 for the Brown Senior Center Renovations;	38873
$100,000 for Project AHEAD Facility Improvements; $75,000 for the	38874
J. Frank-Troy Senior Citizens Center; $23,900 for the Canton	38875
Jewish Women's Center; ~~$450,000 for the Gateway Social Services~~	38876
~~Building;~~$200,000 for Pro Football Hall of Fame festival facility	38877
improvements; $100,000 for the Children's Network of Stark County;	38878
$75,000 for the Community Treatment and Correction Center, Inc.;	38879
$75,000 for Trillium Family Solutions; $50,000 for the Loew	38880
Field Improvements; $20,000 for the Harvard Community Services	38881
Center Renovation & Expansion; $20,000 for the Collinwood	38882
Community Service Center Repair & Renovation; and $80,000 for	38883
Bowman Park - City of Toledo.	38884

Reappropriations

Sec. 103.80.50. EXP EXPOSITIONS COMMISSION

38885

C72300	Electric and Lighting Upgrade	$	112,020	38886
C72301	Land Acquisition	$	5,240	38887
C72303	Building Renovations - 5	$	4,576,484	38888
C72305	Facility Improvements and Modernization Plan	$	131,771	38889
C72309	Masonry Renovations	$	59,824	38890
C72310	Restroom Renovations	$	9,559	38891
C72312	Emergency Renovations and Equipment Replacement	$	891,533	38892
~~C72314~~	~~Multi-purpose Building~~	$	~~14,000,000~~	38893
Total Expositions Commission		$	~~19,786,431~~ 5,786,431	38894

Sec. 201.30. All items set forth in this section are hereby	38896
appropriated out of any moneys in the state treasury to the	38897
credit of the Cultural and Sports Facilities Building Fund (Fund	38898
7030) that are not otherwise appropriated:	38899

Reappropriations

AFC CULTURAL FACILITIES COMMISSION	38900

C37102	Center of Science and Industry - Toledo	$	12,268	38901
C37114	Woodward Opera House Renovation	$	1,150,000	38902
C37118	Statewide Site Repairs	$	100,100	38903
C37124	Waco Museum & Aviation Learning Center	$	500,000	38904
C37131	Bramley Historic House	$	75,000	38905
C37132	Beck Center for the Cultural Arts	$	100,000	38906
C37133	Delaware County Cultural Arts Center	$	40,000	38907
C37137	West Side Arts Consortium	$	138,000	38908
C37138	Ice Arena Development	$	5,500,000	38909
C37139	Stan Hywet Hall & Gardens	$	1,000,000	38910
C37141	Spring Hill Historic Home	$	125,000	38911
C37143	Lorain Palace Civic Theatre	$	200,000	38912
C37144	Great Lakes Historical Society	$	150,000	38913
C37153	Historic Sites and Museums	$	980,319	38914
C37155	Buffington Island State Memorial	$	33,475	38915
C37182	Lorain County Historical Society	$	300,000	38916
C37184	Marion Palace Theatre	$	1,575,000	38917
C37185	McConnellsville Opera House	$	75,000	38918
C37186	Secrest Auditorium	$	75,000	38919
C37187	Renaissance Theatre	$	700,000	38920
C37188	Trumpet in the Land	$	100,000	38921
C37189	Mid-Ohio Valley Players	$	80,000	38922
C37190	The Anchorage	$	50,000	38923
C37193	Galion Historic Big Four Depot Restoration	$	170,000	38924
C37195	Lake County Historical Society	$	250,000	38925
C37196	Hancock Historical Society	$	75,000	38926
C37197	Riversouth Development	$	1,000,000	38927
C37198	Ft. Piqua Hotel	$	200,000	38928
C37199	Marina District Amphitheatre and Related Development	$	2,000,000	38929
C371A1	Lima Historic Athletic Field	$	100,000	38930
C371A3	Voice Of America Museum	$	275,000	38931
C371A5	Clark County Community Arts Expansion Project	$	500,000	38932
C371A6	Westcott House Historic Site	$	75,000	38933
C371A8	Miami Township Community Amphitheatre	$	50,000	38934
C371A9	Western Reserve Historical Society	$	2,500,000	38935
C371B0	Cleveland Steamship Mather Museum	$	100,000	38936
C371B5	Arts Castle	$	100,000	38937
C371B6	Cincinnati Art and Technical Academy	$	325,000	38938
C371B7	Ohio Glass Museum	$	250,000	38939
C371B9	Ariel Theatre	$	100,000	38940
C371C2	Ensemble Theatre	$	450,000	38941
C371C4	Art Academy of Cincinnati	$	100,000	38942
C371C5	Riverbend Pavilion Improvements	$	250,000	38943
C371C7	Music Hall: Over-The-Rhine	$	750,000	38944
C371C8	John Bloomfield Home Restoration	$	720	38945
C371C9	Malinta Historical Society Caboose Exhibit	$	6,000	38946
C371D1	Art Deco Markay Theatre	$	200,000	38947
C371D4	Broad Street Historical Renovation	$	300,000	38948
C371D5	Amherst Historical Society	$	35,000	38949
C371D6	COSI - Toledo	$	980,000	38950
C371D7	Ohio Theatre - Toledo	$	100,000	38951
C371E2	Aurora Outdoor Sports Complex	$	50,000	38952
C371E3	Preble County Historical Society	$	100,000	38953
C371E4	Tecumseh Sugarloaf Mountain Amphitheatre	$	120,000	38954
C371F0	Richard Howe House	$	100,000	38955
C371F2	Packard Music Hall Renovation Project	$	575,000	38956
C371F3	Holland Theatre	$	100,000	38957
C371F6	Marietta Colony Theatre	$	335,000	38958
C371G7	Huntington Park	$	7,000,000	38959
C371G9	Riverbend - Cincinnati Symphony	$	3,000,000	38960
C371H0	Marina District Amphitheatre	$	2,900,000	38961
C371H1	Cincinnati Museum Center	$	2,000,000	38962
C371H2	National Underground Railroad Freedom Center	$	2,000,000	38963
C371H4	Pro Football Hall of Fame	$	1,650,000	38964
C371H5	Heritage Center - Dayton	$	1,300,000	38965
C371H6	Western Reserve Historical Society	$	1,000,000	38966
C371H7	COSI Columbus	$	1,000,000	38967
C371H8	Columbus Museum of Art	$	1,000,000	38968
C371I0	Stan Hywet Hall and Gardens	$	1,175,000	38969
C371I1	Akron Art Museum	$	1,000,000	38970
C371I2	Sauder Village	$	830,000	38971
C371I3	Horvitz Center for the Arts	$	750,000	38972
C371I4	Ensemble Theatre	$	750,000	38973
C371I5	Voice of America Museum	$	750,000	38974
C371I6	Cleveland Steamship Mather	$	600,000	38975
C371I7	Cuyahoga County Soldier and Sailor Monument	$	500,000	38976
C371I8	King-Lincoln Arts and Entertainment District	$	500,000	38977
C371I9	Art Academy of Cincinnati	$	500,000	38978
C371J0	Great Lakes Historical Society	$	500,000	38979
C371J3	Davis Shai Historical Facility	$	300,000	38980
C371J4	Massillon Museum	$	275,000	38981
C371J5	The Mandel Center	$	250,000	38982
C371J6	Peggy R McConnell Arts Center	$	250,000	38983
C371J7	Columbus College of Art and Design	$	250,000	38984
C371J9	Stambaugh Hall Improvements	$	250,000	38985
C371K0	Youngstown Symphony Orchestra	$	250,000	38986
C371K1	Wood County Historical Center/Museum	$	220,000	38987
C371K3	Cincinnati Ballet	$	200,000	38988
C371K4	City of Avon Stadium Complex	$	200,000	38989
C371K5	Renaissance Performing Arts Center	$	200,000	38990
C371K6	Oxford Arts Center	$	174,000	38991
C371K7	Wayne County Historical Society	$	170,000	38992
C371K8	Maumee Valley Historical Society	$	150,000	38993
C371K9	Trumbull County Historical Society	$	150,000	38994
C371L0	First Lunar Flight Project	$	25,000	38995
C371L1	Holmes County Historical Society Improvements	$	140,000	38996
C371L2	~~Canal Winchester Historical Society~~ Westerville Parks & Recreation Firefighters Memorial/First Responder Park	$	125,000	38997
C371L3	Ukranian Museum	$	100,000	38998
C371L4	Gordon Square Arts District	$	100,000	38999
C371L5	Moreland Theatre Renovation	$	100,000	39000
C371L6	Karamu House	$	100,000	39001
C371L7	Symmes Township Historical Society	$	100,000	39002
C371L8	Springfield Veterans Park Amphitheatre	$	100,000	39003
C371L9	Gallia County Historical Genealogical Society	$	100,000	39004
C371M1	The Octagon House	$	100,000	39005
C371M2	Vinton County Stage-Pavilion Project	$	100,000	39006
C371M3	County Line Historical Society-Wayne/Holmes	$	100,000	39007
C371M4	Paul Brown Museum	$	75,000	39008
C371M5	The Works Ohio Center for History, Art and Technology	$	75,000	39009
C371M8	Hale Farm and Village	$	50,000	39010
C371M9	Howe House Historic Site	$	50,000	39011
C371N0	Beavercreek Community Theatre	$	50,000	39012
C371N1	Jamestown Opera House	$	50,000	39013
C371N2	Johnny Appleseed Museum	$	50,000	39014
C371N3	Vinton County Historical Society Alice House Project	$	50,000	39015
C371N4	Woodward Opera House Renovations	$	50,000	39016
C371N5	Little Brown Jug Facility Improvements	$	50,000	39017
C371N6	Applecreek Historical Society	$	50,000	39018
C371N7	Wyandot Historic Courthouse	$	50,000	39019
C371N8	Galion Historical Big 4 Depot	$	30,000	39020
C371N9	Bucyrus Historic Depot Renovations	$	30,000	39021
C371O1	Arts West Performing Arts Center	$	25,000	39022
C371O2	Chester Academy Historical Site	$	25,000	39023
C371O3	Portland Civil War Museum and Historical Displays	$	25,000	39024
C371O4	Morgan County Opera House	$	25,000	39025
C371O5	Crawford Antique Museum	$	9,000	39026
C371O6	Monroe City Historical Society Building Repair	$	5,000	39027
C371O7	Wright Dunbar Historical Facility	$	250,000	39028
C371O8	Nationwide Children's Hospital Livingston Park Cultural Improvements	$	1,000,000	39029
C371P1	WACO Aircraft Museum	$	30,000	39030
C371P2	Bradford Railroad Museum	$	30,000	39031
C371P3	Cincinnati Ballet Facility	$	415,000	39032
C371P5	Fort Recovery Renovations	$	100,000	39033
C371P6	Music Hall Garage	$	1,000,000	39034
C371P7	Hip Klotz Memorial	$	150,000	39035
C371P8	AB Graham Center	$	40,000	39036
Total Cultural Facilities Commission		$	64,803,882	39037
TOTAL Cultural and Sports Facilities Building Fund		$	64,803,882	39038

Sec. 201.50. All items set forth in this section are hereby	39040
appropriated out of any moneys in the state treasury to the credit	39041
of the School Building Program Assistance Fund (Fund 7032) that	39042
are not otherwise appropriated:	39043

Reappropriations

SFC SCHOOL FACILITIES COMMISSION	39044

C23002	School Building Program Assistance	$	3,572,253,121	39045
C23005	Exceptional Needs	$	28,504,951	39046
C23010	Vocation Facilities Assistance Program	$	11,115,616	39047
Total School Facilities Commission		$	3,611,873,688	39048
TOTAL School Building Program Assistance Fund		$	3,611,873,688	39049

CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS

39050

Of the foregoing appropriation item C23002, School Building	39051
Program Assistance, $37,080,000 shall be used for constructing new	39052
facilities, or renovating existing facilities, or both, on the	39053
current campuses of the Ohio State School for the Blind and the	39054
Ohio School for the Deaf. Notwithstanding sections 123.01 and	39055
123.15 of the Revised Code and in addition to its powers under	39056
Chapter 3318. of the Revised Code, the Ohio School Facilities	39057
Commission shall administer the project pursuant to the memorandum	39058
of understanding that the Ohio State School for the Blind, the	39059
Ohio School for the Deaf, and the Ohio School Facilities	39060
Commission signed on October 31, 2007. The project shall comply	39061
to the fullest extent possible with the specifications and	39062
policies set forth in the Ohio School Facilities Design Manual and	39063
shall not be considered a part of any program created under	39064
Chapter 3318. of the Revised Code. As agreed to by the parties in	39065
the memorandum of understanding, $37,080,000 is sufficient to	39066
complete the construction or renovation of the facilities needed	39067
for the education of both the deaf and blind student communities	39068
and additional appropriations will not be required. Upon issuance	39069
by the Commission of a certificate of completion of the project,	39070
the Commission's participation in the project shall end.	39071

The Executive Director of the Ohio School Facilities	39072
Commission shall comply with the procedures and guidelines	39073
established in Chapter 153. of the Revised Code. Upon the release	39074
of funds for the project by the Controlling Board or the Director	39075
of Budget and Management, the Commission may administer the	39076
project without the supervision, control, or approval of the	39077
Director of Administrative Services. Any references to the	39078
Director of Administrative Services in the Revised Code, with	39079
respect to the administration of the project, shall be read as if	39080
they referred to the Director of the Ohio School Facilities	39081
Commission.	39082

Reappropriations

Sec. 301.20.20. BGU BOWLING GREEN STATE UNIVERSITY

39083

C24000	Basic Renovations	$	10,751,883	39084
C24001	Basic Renovations - Firelands	$	811,360	39085
C24002	Instructional and Data Processing Equipment	$	1,200,186	39086
C24004	ADA Modifications	$	19,544	39087
C24005	Child Care Facility	$	49,406	39088
C24007	Materials Network	$	90,981	39089
C24008	Video Link	$	10,644	39090
C24013	Hannah Hall Rehabilitation	$	2,005,522	39091
C24014	Biology Lab Renovation	$	12,533,708	39092
C24015	Campus-Wide Paving/Sidewalk Upgrade	$	4,899	39093
C24016	Student Learning	$	13,149	39094
C24017	Video Teaching Network	$	5,436	39095
C24019	Kinetic Spectrometry Consortium	$	77,671	39096
C24020	Admissions Visitor Center	$	3,000,000	39097
C24021	Theatre/Performing Arts Complex	$	8,750,000	39098
C24022	University Hall Rehabilitation	$	1,174,981	39099
C24025	Administration Building Fire Alarm System	$	83,986	39100
C24026	Campus-Wide Carpet Upgrade	$	329,700	39101
C24027	Reroof East, West, and North Buildings	$	173,999	39102
C24028	Instructional Laboratory - Phase 1	$	960,000	39103
C24031	Health Center Addition	$	9,750,000	39104
C24032	Student Services Building Replacement	$	8,100,000	39105
C24033	BGU Aviation Improvements	$	500,000	39106
C24034	Tunnel Upgrade-Phase II	$	98,820	39107
C24035	Library Depository Northwest	$	56,000	39108
C24036	Wood County Environmental Health Project	$	700,000	39109
Total Bowling Green State University		$	~~60,551,875~~ 61,251,875	39110

Reappropriations

Sec. 301.20.80. OSU OHIO STATE UNIVERSITY

39112

C31500	Basic Renovations	$	34,349,496	39113
C31501	Basic Renovations - Regional Campuses	$	6,506,516	39114
C31502	Brown Hall Annex Replacement	$	6,213	39115
C31505	Basic Renovations - ATI	$	129,714	39116
C31506	Supplemental Renovations - OARDC	$	3,319,202	39117
C31507	Supplemental Renovations - Regional	$	191,955	39118
C31508	Dreese Lab Addition	$	5,953	39119
C31510	Bioscience/Parks Hall Addition	$	12,584	39120
C31512	Greenhouse Modernization	$	40,982	39121
C31515	Life Sciences Research Building	$	218,170	39122
C31520	Food Science & Technology Building	$	92,786	39123
C31522	Heart & Lung Institute	$	32,437	39124
C31523	Superconducting Radiation	$	65,094	39125
C31524	Brain Tumor Research Center	$	6,001	39126
C31525	Engineering Center Net Shape Manufacturing	$	20,730	39127
C31526	Membrane Protein Typology	$	8,835	39128
C31527	Instructional and Data Processing Equipment	$	6,014,848	39129
C31528	Fine Particle Technologies	$	116,770	39130
C31529	Advanced Plasma Engineering	$	22,690	39131
C31530	Plasma Ramparts	$	1,150	39132
C31531	IN-SITU AL-BE Composites	$	1,733	39133
C31532	Jay Cooke Residence - Roof and Windows	$	86,668	39134
C31535	Asbestos Abatement	$	5,325	39135
C31536	Materials Network	$	91,983	39136
C31537	Bio-Technology Consortium	$	42,378	39137
C31538	Analytical Electron Microscope	$	375,000	39138
C31539	High Temp Alloys & Alluminoids	$	220,000	39139
C31541	Supplemental Renovations - ATI	$	33,969	39140
C31542	Maintenance, Receiving, and Storage Facility - Marion	$	58,646	39141
C31543	McPherson Lab Rehabilitation	$	37,243	39142
C31544	Heart and Lung Institute	$	101,808	39143
C31546	ADA Modifications - ATI	$	41,936	39144
C31547	ADA Modifications - Lima	$	358	39145
C31548	ADA Modifications - Mansfield	$	15,253	39146
C31550	Titanium Alloys	$	54,912	39147
C31552	Advanced Manufacturing	$	38,579	39148
C31553	Manufacturing Processes/Materials	$	62,574	39149
C31554	Terhertz Studies	$	35,294	39150
C31556	Marion Park/Road/Sidewalk/Lights	$	2,750	39151
C31557	Pomerene Lighting/Wiring	$	249,584	39152
C31558	NMR Consortium	$	75,116	39153
C31559	Versatile Film Facility	$	62,872	39154
C31560	OCARNET	$	5,916	39155
C31561	Bioprocessing Research	$	1,905	39156
C31562	Localized Corrosion Research	$	6,128	39157
C31563	ATM Testbed	$	3,633	39158
C31564	Physical Sciences Building	$	79,383	39159
C31565	Morrill Hall Remodeling - Vacated Library Space - Marion	$	923	39160
C31568	Sisson Hall Replacement	$	5,537	39161
C31570	Machinery Acoustics	$	3,804	39162
C31571	Sensors and Measurements	$	15,115	39163
C31572	Polymer Magnets	$	1,099	39164
C31574	A1 Alloy Corrosion	$	14,292	39165
C31578	Page Hall Planning	$	7,210	39166
C31579	Botany & Zoology Building Planning	$	209,467	39167
C31581	Robinson Laboratory Planning	$	36,765	39168
C31582	Don Scott Field Replacement Barns	$	1,495,619	39169
C31583	Galvin Hall 3rd Floor Renovation - Lima	$	22,135	39170
C31584	Horticultural Operations Center - ATI	$	1,475,400	39171
C31585	OARDC Feed Mill	$	5,050,968	39172
C31587	Biological Sciences Cooling Tower	$	6,930	39173
C31589	Mount Hall HVAC Modifications	$	40,982	39174
C31591	Ohio Biomedical Consortium on Medical Therapeutic Micro Devices	$	49,275	39175
C31592	Plant and Microbe Functional Genomics Facilities	$	16,259	39176
C31593	Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials	$	149,066	39177
C31594	Bone & Mineral Metabolism Research Lab	$	5,845	39178
C31597	Animal & Plant Biology Level 3	$	8,133,780	39179
C31598	Main Library Rehabilitation	$	56,456,214	39180
C31599	Psychology Building	$	57,722	39181
C315A0	Thorne Hall and Gowley Hall Renovations - Phase 3	$	598,043	39182
C315A2	Nanosecond Infrared Measurement	$	2,588	39183
C315A4	Millimeter/Submillimeter Instrument	$	5,919	39184
C315A5	X-Ray Powder Diffractometer	$	558	39185
C315A6	Deconvolution Microscope	$	1,101	39186
C315B2	Denney Hall Renovation - Phase I	$	18,495	39187
C315B3	Ion Mass Spectrometry	$	6,594	39188
C315B5	Role of Molecular Interfaces	$	17,773	39189
C315B8	New Millimeter Spectrometer	$	24,996	39190
C315C2	1224 Kinnear Road - Bale	$	11,105	39191
C315C3	Non-Silicon Micromachining	$	73,991	39192
C315C4	High Performance Computing	$	2,910	39193
C315C5	Veterinary Hospital Auditorium Renovation	$	7,736	39194
C315D0	OARDC Boiler Replacement	$	656,442	39195
C315D2	Supercomputer Center Expansion	$	1,600,414	39196
C315D5	Information Literacy	$	24,824	39197
C315D6	Online Business Major	$	6,618	39198
C315D8	Renovation of Graves Hall	$	68,196	39199
C315E0	OARDC Wooster Phone System Replacement	$	467,398	39200
C315E1	Utility - North Tunnel Steamline Upgrade	$	114,298	39201
C315E2	Dual Beam Characterization	$	150,000	39202
C315E6	Environmental Technology Consortium	$	11,297	39203
C315E7	Campbell, University, and Evans Hall	$	45,877	39204
C315E8	Laboratory Animal Facility	$	83,481	39205
C315F1	Western Branch Headquarters & Machinery Building	$	662,850	39206
C315F2	Muck Crops Branch/Shop Building Replacement	$	782,173	39207
C315F3	Hazardous Waste Handling/Storage Building	$	1,103,062	39208
C315F4	Agriculture/Engineering Building Renovation & Addition	$	200,000	39209
C315F5	~~Wood County Center for Agriculture~~ OSU Extension Office/Agriculture Business Enhancement Center	$	~~1,000,000~~ 300,000	39210
C315F6	Community Heritage Art Gallery - Lima	$	100,000	39211
C315F8	Nanotechnology Molecular Assembly	$	437,296	39212
C315F9	Networking and Communication	$	478,761	39213
C315G0	Planetary Gear	$	125,000	39214
C315G1	X-Ray Fluorenscence Spectrometer	$	2,283	39215
C315G2	Precision Navigation	$	85,000	39216
C315G3	Welding & Metal Working	$	200,000	39217
C315G5	Inductively Coupled Plasma Etching	$	126,492	39218
C315G6	Accelerated Metals	$	1,020,331	39219
C315G7	Mathematical Biosciences Institute	$	9,819	39220
C315G9	Mershon Auditorium HVAC System Improvements	$	3,379	39221
C315H0	Molecular Microdevices	$	2,066	39222
C315H1	Research Center HVAC System Improvements	$	38,052	39223
C315H2	Infrared Absorption Measurements	$	3,423	39224
C315H3	Dark Fiber	$	2,532,628	39225
C315H4	Shared Data Backup System	$	96,876	39226
C315H6	Third Frontier Network Testbed	$	202,763	39227
C315H7	Distributed Learning Workshop	$	2,500	39228
C315H8	Accelerated Maturation of Materials	$	42,279	39229
C315H9	Nanoscale Polymers Manufacturing	$	358,802	39230
C315J0	Hydrogen Production and Storage	$	217	39231
C315J1	Ohio Organic Semiconductor	$	226,422	39232
C315J4	Comprehensive Cancer - Chiller Replacement	$	19,187	39233
C315J5	Kottman Hall - 103 Central Classroom	$	20,893	39234
C315J7	Low Cost Nanocomposite Foams	$	101,705	39235
C315J8	West Campus Chilled Water & Scott Hall	$	20,093	39236
C315J9	McCracken Power Plant Spill Control	$	120,251	39237
C315K0	Glacial Assessment	$	22,764	39238
C315K2	Center for Advanced Propulsion and Power	$	1,313,076	39239
C315K3	Parks Hall Chiller Replacement	$	134,678	39240
C315K4	Hybrid Electric Vehicle Modeling	$	363,452	39241
C315K5	Computational Nanotechnology	$	500,000	39242
C315K6	Townshend Hall - Roof Replacement	$	328,772	39243
C315K8	Veterinary Hospital Roof Replacement Phase II	$	174,815	39244
C315K9	Hopkins Hall Phase II Priorities I, II	$	41,756	39245
C315L0	Bioscience 6th Floor Renovation - Priority	$	140,937	39246
C315L1	Ohio Commons For Digital Education	$	14,594	39247
C315L2	Postle Hall Fire Alarm Replacement	$	116,441	39248
C315L3	NonCredit Job Education & Training	$	14,201	39249
C315L4	Campus South Dorms Renovation/Improvements	$	3,767	39250
C315L5	Bricker Hall Roof Replacement	$	23,608	39251
C315L8	Cooperative Control Testbed	$	3,000	39252
C315M0	Neuroscience Center Core	$	576	39253
C315M2	Campus Grounds-Exterior Lighting - Phase VIII	$	31,523	39254
C315M3	930 Kinnear Road Renovations	$	181,402	39255
C315M4	Waterman Lab & Don Scott Field	$	23,528	39256
C315M5	Lincoln Tower Renovations - Phase I	$	254,767	39257
C315M6	Coe Corrosion Coop	$	56,781	39258
C315M7	OSU Cancer Program Expansion	$	2,000,000	39259
C315M8	Smith Laboratory Rehabilitation	$	2,799,448	39260
C315M9	Warner Library and Student Center	$	1,618,275	39261
C315N0	Hopewell Hall Science Suite	$	508,408	39262
C315N1	Atomic Force Microscopy	$	180,000	39263
C315N2	Interactive Applications	$	344,865	39264
C315N3	Platform Lab	$	76,685	39265
C315N4	Integrated Biomass to Electricity	$	392,680	39266
C315N8	Center for Polymer Nanomaterials	$	9,801,899	39267
C315N9	Ohio Bioproducts Innovation Center	$	7,765,250	39268
C315P1	Specialized Planetary Gears	$	40,920	39269
C315P2	OSU Agricultural Building	$	295,409	39270
C315P3	Automated AFM System	$	618	39271
C315P4	Integrated Wireless Communication	$	3,454	39272
C315P5	Newton Hall-Roof Replacement	$	140,646	39273
C315P6	Chirped-Pulse Amplifier	$	258,732	39274
C315P7	Central Classroom Building Renovation	$	55,686	39275
C315P9	Airport Hangers 1 2 & 3 Roof Replacement	$	485,250	39276
C315Q0	Veterinary Hospital Holding Replacement	$	1,902,970	39277
C315Q1	Aeronautical and Astronautical Research Lab-Roof Replacement	$	676,482	39278
C315Q2	Superconductivity Technology Center	$	324,136	39279
C315Q3	Periodic Materials Assemblies	$	60,239	39280
C315Q4	Biological Sciences Building Supply Fan Replacement	$	628,573	39281
C315Q5	Biological Sciences Building-Fume Hood Repairs	$	968,531	39282
C315Q6	Kottman Hall Fume Hood Repairs	$	1,476,940	39283
C315Q7	Photonic Force Microscope	$	4,887	39284
C315Q9	Brown Hall Renovation/Replacement	$	3,500,000	39285
C315R0	Hughes Hall Renovation	$	1,500,000	39286
C315R1	COMPH Academic Center	$	5,000,000	39287
C315R2	Murray Hall Renovation	$	1,000,000	39288
C315R3	New Student Life Building	$	1,000,000	39289
C315R4	Founders/Hopewell Hall Renovation	$	1,960,080	39290
C315R5	Agricultural and Biological Engineering Building Renovation	$	4,000,000	39291
C315R6	Selby Hall Phytotron Facility Renovation	$	2,000,000	39292
C315R7	Stone Laboratory Resource Facility Improvements	$	500,000	39293
C315R8	OSU Extension Safety Improvements in Madison County	$	94,000	39294
C315R9	Camp Clifton Improvements	$	90,000	39295
C315S0	Delaware Speech & Hearing with OSU Medical College	$	75,000	39296
C315S1	Kottman Hall-Windows/Masonry Renovation	$	1,065,280	39297
C315S2	Postle Hall Partial Window Replacement	$	630,000	39298
C315S3	Celeste Lab Fume Hood Repairs	$	1,000,300	39299
C315S4	Utility Upgrade/East Campus Area	$	45,969	39300
Total Ohio State University		$	~~200,348,786~~ 199,648,786	39301

~~WOOD COUNTY CENTER FOR AGRICULTURE~~OSU EXTENSION	39302
OFFICE/AGRICULTURE BUSINESS ENHANCEMENT CENTER	39303

~~Of the~~The foregoing appropriation item C315F5, ~~Wood County~~	39304
~~Center for Agriculture~~OSU Extension Office/Agriculture Business	39305
Enhancement Center, ~~up to $300,000~~ shall be used for building	39306
renovations to the ~~OSU Extension Office/Ag Business Enhancement~~	39307
Center.	39308

Sec. 401.11. RIVERFRONT IMPROVEMENTS

39309

Of the foregoing reappropriation item C725D0, Riverfront	39310
Improvements, $1,000,000 shall be used for the Riverfront West	39311
Park Development - Cincinnati Park Board, Hamilton County.	39312

LOCAL PARKS PROJECTS

39313

Of the foregoing appropriation item C725E2, Local Parks	39314
Projects, $2,000,000 shall be used for the Center City Park in	39315
Springfield; $1,200,000 shall be used for the Cincinnati Zoo;	39316
$1,000,000 shall be used for the East Bank/Flats Project;	39317
$1,000,000 shall be used by the Warren County Park District for	39318
Land Acquisition or Improvements; $540,000 shall be used for Tar	39319
Hollow State Park Improvements; $300,000 shall be used by the City	39320
of Mason for Handicap Accessible Park Improvements; $250,000	39321
shall be used for Van Buren State Park ~~Land Acquisitions~~Camp	39322
Ground Electrification and Restroom Facilities Improvements;	39323
~~$200,000 shall be used for Harrison Village Historical~~	39324
~~Society-Phoenix Park Museum;~~ $200,000 shall be used for Indian	39325
Lake State Park Dredging Improvements; $191,000 shall be used for	39326
Deerfield Township Simpson Creek Erosion Mitigation and Bank	39327
Control; $185,000 shall be used for the City of Wilmington Park	39328
Upgrades/Tennis Courts; $175,700 shall be used for the Georgetown	39329
Community Tennis Park; $150,000 shall be used for Kelleys Island	39330
Park Improvements; $150,000 shall be used for Perry Township Camp	39331
Improvements; $100,000 shall be used for Mountain Bike	39332
Park/Midtown Cleveland; $100,000 shall be used for the Chester	39333
Township Park; $100,000 shall be used for the Wyoming City	39334
Regional Park; $100,000 shall be used for the Hamilton County	39335
Stadium Facilities; $69,000 shall be used for Miami Erie Canal	39336
Repairs in Spencerville; $60,000 shall be used for Marseilles	39337
Reservoir Bulk Head Project; $50,000 shall be used for	39338
Beavercreek/John Aekeney Soccer Field and Park; $50,000 shall be	39339
used for the Beavercreek Community Athletic Association Facility	39340
and Park Upgrade; $50,000 shall be used for the Columbus Zoo	39341
Education Center; $50,000 shall be used for Dillon State Park	39342
Upgrades; $50,000 shall be used for Indian Lake State Park	39343
Shoreline Improvements; $25,000 shall be used for the Cleveland	39344
Police and Firefighters Memorial Park; $25,000 shall be used	39345
for Grand Lake St. Mary's Improvements; $25,000 shall be used	39346
for Geauga Veterans Monument Park Improvements; $19,000 shall	39347
be used for East Fork State Park-Harsha Lake Dock Improvements;	39348
$10,000 shall be used for the Marine Corps League	39349
Park/Monument; $10,000 shall be used for Huntington Township	39350
Park Improvements; and $5,000 shall be used for Morrow County	39351
Bicentennial Park.	39352

STATEWIDE TRAILS PROGRAM

39353

Of the foregoing reappropriation item C725L8, Statewide	39354
Trails Program, $2,000,000 shall be used for the Ohio to Erie	39355
Trail by Franklin County Metro Parks; $1,900,000 shall be used for	39356
the Cuyahoga Towpath Trail; and $210,000 shall be used for the	39357
Trumbull Bike Trail.	39358

FEDERAL REIMBURSEMENT

39359

All reimbursements received from the federal government for	39360
any expenditures made pursuant to Sections 401.10 and 401.11 of	39361
this act shall be deposited in the state treasury to the credit of	39362
the Parks and Recreation Improvement Fund.	39363

Sec. 401.71. The Ohio Public Facilities Commission is hereby	39364
authorized to issue and sell, in accordance with Section 2m2p of	39365
Article VIII, Ohio Constitution, and pursuant to sections 151.01	39366
and 151.08 of the Revised Code, original obligations of the	39367
state, in an aggregate principal amount not to exceed	39368
$120,000,000, in addition to the original obligations heretofore	39369
authorized by prior acts of the General Assembly. These authorized	39370
obligations shall be issued and sold from time to time, subject to	39371
applicable constitutional and statutory limitations, as needed to	39372
ensure sufficient moneys to the credit of the State Capital	39373
Improvements Fund (Fund 7038) to pay costs of the state in	39374
financing or assisting in the financing of local subdivision	39375
capital improvement projects.	39376

Section 610.51. That existing Sections 101.10, 103.80.50,	39377
201.30, 201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B.	39378
496 of the 127th General Assembly are hereby repealed.	39379

Section 620.10. That Section 375.80.10 of Am. Sub. H.B. 119	39380
of the 127th General Assembly is hereby repealed.	39381

Section 620.20. That Section 5 of Am. Sub. H.B. 24 of the	39382
127th General Assembly is hereby repealed.	39383

Section 701.10. (A) As used in this section, "employer" has	39384
the same meaning as in division (D) of section 145.01 of the	39385
Revised Code.	39386

(B) Notwithstanding the penalty provided for in section	39387
145.47 of the Revised Code as it existed immediately prior to its	39388
amendment by this act, the Public Employees Retirement System	39389
shall recalculate, as described in this section, any penalty	39390
incurred under that section by an employer during the period	39391
beginning April 1, 2006, and ending the day before the effective	39392
date of this section, if the retirement system receives the	39393
recalculated amount not later than thirty days after the effective	39394
date of this section. The penalty shall be recalculated in	39395
accordance with section 145.47 of the Revised Code, as amended by	39396
this act.	39397

(C) If an employer fails to pay the recalculated amount in	39398
accordance with division (B) of this section, the retirement	39399
system shall reinstate to the original amount any penalty that was	39400
recalculated under division (B) of this section. If an employer	39401
fails to pay the reinstated penalty, that amount shall be withheld	39402
from the employer on certification by the Public Employees	39403
Retirement Board to the Director of Budget and Management or the	39404
county auditor, as appropriate.	39405

(D) If, prior to the effective date of this section, an	39406
employer described in division (B) of this section paid the	39407
penalty in accordance with section 145.47 of the Revised Code, as	39408
it existed immediately prior to its amendment by this act, the	39409
retirement system shall credit to the employer's account the	39410
difference between the amount of the penalty that was paid and the	39411
recalculated penalty to reduce any amounts due from the employer	39412
under Chapter 145. of the Revised Code. The credit shall be	39413
completed not later than six months after the effective date of	39414
this section.	39415

Section 701.20. (A) The Ohio Commission on Local Government	39416
Reform and Collaboration shall develop recommendations on ways	39417
to increase the efficiency and effectiveness of local government	39418
operations, to achieve cost savings for taxpayers, and to	39419
facilitate economic development in this state. In developing the	39420
recommendations, the commission shall consider, but is not	39421
limited to, the following:	39422

(1) Restructuring and streamlining local government offices	39423
to achieve efficiencies and cost savings for taxpayers and to	39424
facilitate local economic development;	39425

(2) Restructuring and streamlining special taxing districts	39426
and local government authorities authorized by the constitution	39427
or the laws of this state to levy a tax of any kind or to have a	39428
tax of any kind levied on its behalf, and of local government	39429
units, including schools and libraries, to reduce overhead and	39430
administrative expenses;	39431

(3) Restructuring, streamlining, and finding ways to	39432
collaborate on the delivery of services, functions, or	39433
authorities of local government to achieve cost savings for	39434
taxpayers;	39435

(4) Examining the relationship of services provided by the	39436
state to services provided by local government and the possible	39437
realignment of state and local services to increase efficiency and	39438
improve accountability; and	39439

(5) Ways of reforming or restructuring constitutional,	39440
statutory, and administrative laws to facilitate collaboration	39441
for local economic development, to increase the efficiency and	39442
effectiveness of local government operations, to identify	39443
duplication of services, and to achieve costs savings for	39444
taxpayers.	39445

(B)(1) There is hereby created the Ohio Commission on Local	39446
Government Reform and Collaboration, consisting of fifteen voting	39447
members. The President of the Senate shall appoint three members,	39448
one of whom may be a person who is recommended by the Minority	39449
Leader of the Senate. The Speaker of the House of Representatives	39450
shall appoint three members, one of whom may be a person who is	39451
recommended by the Minority Leader of the House of	39452
Representatives. The Governor shall appoint three members. One	39453
member shall be appointed by, and shall represent, each of the	39454
following organizations: the Ohio Municipal League, the Ohio	39455
Township Association, the Ohio School Boards Association, the	39456
County Commissioners' Association of Ohio, the Ohio Library	39457
Council, and the Ohio Association of Regional Councils. The	39458
initial appointments shall be made not later than ninety days	39459
after the effective date of this section. Vacancies shall be	39460
filled in the manner provided for original appointments.	39461
Members are not entitled to compensation for their services.	39462

(2) The initial meeting of the commission shall be called by	39463
the Governor within forty-five days after the initial appointments	39464
to the commission are complete. The commission shall elect two of	39465
its members to serve as co-chairpersons of the commission.	39466

(C) The commission may create an advisory council consisting	39467
of interested parties representing taxing authorities and	39468
political subdivisions that are not taxing authorities. The	39469
appointment of members to the advisory council is a matter of the	39470
commission's discretion. The commission may direct the advisory	39471
council to provide relevant information to the commission.	39472
Advisory council members are not members of the commission, and	39473
may not vote on commission business.	39474

(D) The commission may consult with and obtain assistance	39475
from state institutions of higher education (as defined in section	39476
3345.011 of the Revised Code) and from business organizations for	39477
research and data gathering related to its mission. State	39478
institutions of higher education and business organizations shall	39479
cooperate with the commission.	39480

(E) The commission shall issue a report of its findings and	39481
recommendations to the President of the Senate, the Speaker of the	39482
House of Representatives, and the Governor not later than July 1,	39483
2010. The commission ceases to exist upon submitting its report.	39484

Section 703.30. (A) The Commission on Cuyahoga County	39485
Government Reform shall develop recommendations by which Cuyahoga	39486
County may, with a vote of the people, restructure, reform, or	39487
otherwise reorganize the county government to implement a more	39488
effective, efficient, and financially and economically viable	39489
county government structure to better serve the people of Cuyahoga	39490
County.	39491

(B)(1) There is hereby created the Commission on Cuyahoga	39492
County Government Reform, consisting of nine members. The	39493
President of the Senate shall appoint three members, one of whom	39494
may be a person who is recommended by the Minority Leader of the	39495
Senate. The Speaker of the House of Representatives shall appoint	39496
three members, one of whom may be a person who is recommended by	39497
the Minority Leader of the House of Representatives. The Governor	39498
shall appoint three members. All the members shall be residents of	39499
Cuyahoga County. The initial appointments shall be made not later	39500
than fifteen days after the effective date of this section.	39501
Vacancies shall be filled in the manner provided for original	39502
appointments.	39503

(2) The initial meeting of the commission shall be within	39504
thirty days after the effective date of this section. At the	39505
initial meeting, by a majority vote of the commission members, the	39506
commission shall elect one of its members to serve as chairperson	39507
of the commission.	39508

(C) The commission may consult with and obtain assistance	39509
from a business organization within Cuyahoga County for research	39510
and data gathering related to its mission. The commission may use	39511
moneys available to it for this purpose.	39512

(D) All meetings of the commission are subject to section	39513
121.22 of the Revised Code. All records of the commission are	39514
public records for purposes of section 149.43 of the Revised Code.	39515

(E) Not later than November 7, 2008, the commission shall	39516
issue a report of its findings and recommendations to the	39517
Governor, the Speaker of the House of Representatives, the	39518
Minority Leader of the House of Representatives, the President of	39519
the Senate, the Minority Leader of the Senate, and the	39520
chairpersons and ranking members of the standing committees of the	39521
General Assembly that deal with local government issues. The	39522
recommendations of the commission shall be in legislative form.	39523
The Legislative Service Commission shall provide staff and	39524
resources necessary so that the recommendations are in proper	39525
legislative form.	39526

(F) The commission ceases to exist upon submitting its	39527
report.	39528

Section 705.10. Notwithstanding section 5709.73 of the	39529
Revised Code, a board of township trustees of a township with a	39530
population exceeding fifty-five thousand according to the most	39531
recent federal decennial census may adopt a resolution under	39532
division (B) of that section on or before December 31, 2008, by	39533
majority vote. Such a board may adopt a resolution under division	39534
(C) of that section on or before December 31, 2008, by majority	39535
vote, if the other requirements of that division are satisfied.	39536

Section 707.20. (A) As used in this section:

39537

(1) "Active business operations" means all business	39538
operations that are not inactive business operations.	39539

(2) "Business operations" means engaging in commerce in any	39540
form in Sudan or Iran, including by maintaining, selling,	39541
acquiring, developing, owning, possessing, operating, or leasing	39542
equipment, facilities, personnel, products, services, personal or	39543
real property, or any other apparatus of business or commerce.	39544

(3) "Company" means a sole proprietorship, organization,	39545
association, corporation, partnership, joint venture, limited	39546
partnership, limited liability partnership, limited liability	39547
company, business association, or other entity, including any	39548
wholly-owned subsidiary, majority-owned subsidiary, parent	39549
company, or affiliate of any of those types of entities, that	39550
exists for the purpose of making a profit.	39551

(4) "Complicit" means taking actions during any preceding	39552
twenty-month period that directly support or promote the genocidal	39553
campaign in the Darfur region of Sudan, including, but not limited	39554
to, preventing members of the population of the Darfur region of	39555
Sudan negatively affected by genocide from communicating with each	39556
other; encouraging Sudanese citizens to speak against the	39557
internationally approved security force that provides aide to the	39558
Darfur region; actively working to deny, cover up, or alter the	39559
record on human rights abuses in Darfur; or other similar actions.	39560

(5) "Direct holdings" means all stocks or bonds of a company	39561
held directly by the Ohio Police and Fire Pension Fund or held in	39562
an account or fund of which the Fund owns all of the shares or	39563
interests.	39564

(6) "Government of Iran" means the Islamic Republic of Iran,	39565
its instrumentalities, and companies owned or controlled by the	39566
government of Iran.	39567

(7) "Government of Sudan" means the government in Khartoum,	39568
Sudan, that is led by the National Congress Party, formerly known	39569
as the National Islamic Front, or any successor government formed	39570
on or after October 13, 2006, including the coalition national	39571
unity government agreed upon in the "2005 Comprehensive Peace	39572
Agreement," and does not include the regional government of	39573
southern Sudan.	39574

(8) "Inactive business operations" means those business	39575
operations conducted by a company that involve only the continued	39576
holding or renewal of rights to property that, at one time, was	39577
used for the purpose of generating revenue for the company but is	39578
not presently used for such purpose.	39579

(9) "Indirect holdings" means all stocks and bonds of a	39580
company that are not direct holdings and are held in an account or	39581
fund in which the Ohio Police and Fire Pension Fund owns shares or	39582
interests together with other investors not subject to the	39583
provisions of this section, as well as any private equity fund,	39584
private equity fund-of-funds, venture capital fund, hedge fund,	39585
hedge fund-of-funds, real estate fund or other investment vehicle	39586
that is not publicly traded, mutual funds, and pooled or	39587
securitized investment vehicles.	39588

(10) "Iran" means the Islamic Republic of Iran.

39589

(11) "Marginalized populations of Sudan" includes, but is not	39590
limited to, all of the following:	39591

(a) The portion of the population in the Darfur region that	39592
has been negatively affected by genocide;	39593

(b) The portion of the population of southern Sudan	39594
negatively affected by the civil war that occurred between the	39595
north and south regions of Sudan;	39596

(c) The Beja, Rashidiya, and other similarly underserved	39597
groups of eastern Sudan;	39598

(d) The Nubian and other similarly underserved groups in the	39599
Abyei, southern blue Nile, and Nuba mountain regions of Sudan;	39600

(e) The Amri, Hamadab, Manasir, and other similarly	39601
underserved groups of northern Sudan.	39602

(12) "Military equipment" means weapons, arms, military	39603
supplies, and equipment including, but not limited to, radar	39604
systems, or military-grade transport vehicles, that readily may be	39605
used for military purposes; or supplies or services sold or	39606
directly or indirectly provided to any force actively	39607
participating in armed conflict in Sudan.	39608

(13) "Mineral extraction activities" include exploring,	39609
extracting, processing, transporting, or wholesale selling or	39610
trading of elemental minerals or associated metal alloys or	39611
oxides, also known as ore, including gold, copper, chromium,	39612
chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and	39613
zinc; and includes facilitating such activities, including by	39614
providing supplies or services in support of such activities.	39615

(14) "Oil-related activities" includes, but is not limited	39616
to, owning rights to oil blocks; exporting, extracting,	39617
producing, refining, processing, exploring for, transporting,	39618
selling, or trading of oil; constructing, maintaining, or	39619
operating a pipeline, refinery, or other oil-field	39620
infrastructure; or facilitating such activities, including by	39621
providing supplies or services in support of such activities.	39622
"Oil-related activities" does not mean engaging in only the	39623
retail sale of gasoline and related consumer products.	39624

(15) "Petroleum resource" means petroleum, petroleum	39625
byproducts, or natural gas.	39626

(16) "Power production activities" means any business	39627
operation that involves a project commissioned by the national	39628
electricity corporation of Sudan or other similar entity of the	39629
government of Sudan whose purpose is to facilitate power	39630
generation and delivery, including, but not limited to,	39631
establishing power-generating plants or hydroelectric dams,	39632
selling or installing components for a project, providing service	39633
contracts related to the installation or maintenance of a project,	39634
or facilitating any of these activities, including by providing	39635
supplies or services in support of such activities.	39636

(17) "Public fund" means the assets included in any fund	39637
portfolio that is under the control of, or controlled on behalf	39638
of, the Ohio Police and Fire Pension Fund.	39639

(18) "Scrutinized active business operation" means active	39640
business operations that have resulted in a company becoming a	39641
scrutinized company.	39642

(19) "Scrutinized business operations" means business	39643
operations that have resulted in a company that meets any of the	39644
following criteria:	39645

(a) The company has business operations that involve	39646
contracts with or provision of supplies or services to the	39647
government of Sudan, companies in which the government of Sudan	39648
has any direct or indirect equity share, consortiums or projects	39649
commissioned by the government of Sudan, or companies involved in	39650
consortiums or projects commissioned by the government of Sudan,	39651
and more than ten per cent of the company's revenues or assets	39652
linked to Sudan involve oil-related activities or	39653
mineral-extraction activities; less than seventy-five per cent of	39654
the company's revenues or assets linked to Sudan involve contracts	39655
with or provision of oil-related or mineral-extracting products or	39656
services to the regional government of southern Sudan or a project	39657
or consortium created exclusively by that regional government; and	39658
the company has failed to take substantial action specific to	39659
Sudan; or more than ten per cent of the company's revenues or	39660
assets linked to Sudan involve power-production activities; less	39661
than seventy-five per cent of the company's power-production	39662
activities include projects whose intent is to provide power or	39663
electricity to the marginalized populations of Sudan; and the	39664
company has failed to take substantial action specific to Sudan.	39665

(b) The company is complicit in the Darfur genocide.

39666

(c) The company supplies military equipment within Sudan,	39667
unless it clearly shows that the military equipment cannot be used	39668
to facilitate offensive military actions in Sudan or the company	39669
implements rigorous and verifiable safeguards to prevent use of	39670
that equipment by forces actively participating in armed conflict.	39671
Examples of safeguards include post-sale tracking of such	39672
equipment by the company, certification from a reputable and	39673
objective third party that such equipment is not being used by a	39674
party participating in armed conflict in Sudan, or sale of such	39675
equipment solely to the regional government of southern Sudan or	39676
any internationally recognized peacekeeping force or humanitarian	39677
organization.	39678

(d)(i) The company has business operations that involve	39679
contracts with or provision of supplies or services to the	39680
government of Iran, companies in which the government of Iran has	39681
any direct or indirect equity share, consortiums, or projects	39682
commissioned by the government of Iran, or companies involved in	39683
consortiums or projects commissioned by the government of Iran,	39684
and one of the following apply: more than ten per cent of the	39685
company's total revenues or assets are linked to Iran and involve	39686
oil-related activities, mineral-extraction activities, or	39687
petroleum resources; the company has, with actual knowledge, on or	39688
after August 5, 1996, made an investment of twenty million	39689
dollars or more, or any combination of investments of at least	39690
ten million dollars each, which in the aggregate equals or	39691
exceeds twenty million dollars in any twelve-month period, and	39692
which directly or significantly contributes to the enhancement of	39693
Iran's ability to develop the petroleum resources of Iran; the	39694
company is engaged in business with an Iranian organization	39695
labeled as a terrorist organization by the United States	39696
government.	39697

(ii) Any company that takes substantial action specific to	39698
Iran shall not meet the criteria to be deemed a company involved	39699
in scrutinized business operations.	39700

(20) "Social development company" means a company whose	39701
primary purpose in Sudan is to provide only the following	39702
humanitarian goods or services to the people of Sudan:	39703

(a) Medicine or medical equipment;

39704

(b) Agricultural supplies or infrastructure;

39705

39706

(d) Journalistic activities;

39707

(e) Information or information materials;

39708

(f) Spiritual-related activities;

39709

(g) Services of a purely clerical or reporting nature;

39710

(h) Food, clothing, or general consumer goods that are	39711
unrelated to oil-related activities, mineral extraction	39712
activities, or power production activities.	39713

(21) "Substantial action specific to Iran" means adopting,	39714
publicizing, and implementing a formal plan to cease scrutinized	39715
business operations within one year and to refrain from any such	39716
new business operations.	39717

(22) "Substantial action specific to Sudan" means adopting,	39718
publicizing, and implementing a formal plan to cease scrutinized	39719
business operations within one year and to refrain from any such	39720
new business operations; undertaking humanitarian efforts in	39721
conjunction with an international organization, the government of	39722
Sudan, the regional government of southern Sudan, or a nonprofit	39723
entity evaluated and certified by an independent third party to be	39724
substantially in a relationship to the company's Sudan business	39725
operations and of benefit to one or more marginalized populations	39726
of Sudan; or, through engagement with the government of Sudan,	39727
materially improving conditions for the genocidally victimized	39728
population in Darfur.	39729

(23) "Sudan" means the Republic of the Sudan.

39730

(B)(1) Within ninety days after the effective date of this	39731
section, the Ohio Police and Fire Pension Fund shall make its	39732
best efforts to identify all publicly traded companies involved	39733
in scrutinized business operations in which the Fund has direct	39734
or indirect holdings or could possibly have such holdings in the	39735
future. The efforts shall include:	39736

(a) Reviewing and relying, as appropriate in the Fund's	39737
judgment, on publicly available information regarding companies	39738
having business operations in Iran or Sudan, including	39739
information provided by nonprofit organizations, research firms,	39740
international organizations, and government entities;	39741

(b) Contacting asset managers contracted by the Fund that	39742
invest in companies having business operations in Iran or Sudan;	39743

(c) Contacting other institutional investors that have	39744
divested from or engaged with companies that have business	39745
operations in Iran or Sudan;	39746

(d) Reviewing the laws of the United States regarding the	39747
levels of business activity that would cause application of	39748
sanctions for companies conducting business or investing in	39749
countries that are designated state sponsors of terror.	39750

(2) Within ninety days after the effective date of this	39751
section, the Fund shall create a "scrutinized companies with	39752
activities in Sudan list" and a "scrutinized companies with	39753
activities in Iran list," consisting of all publicly traded	39754
companies identified in division (B)(1) of this section, shall	39755
make the lists publicly available, and shall update the lists	39756
annually.	39757

(3) Notwithstanding the provisions of this section, a	39758
social-development company that is not complicit in the Darfur	39759
genocide is not considered a scrutinized company.	39760

(4) The Fund shall engage the companies on the scrutinized	39761
companies with activities in Sudan list and the scrutinized	39762
companies with activities in Iran list, in which the Fund owns	39763
direct or indirect holdings, according to the following:	39764

(a) For each company identified in this paragraph that has	39765
only inactive business operations, the Fund shall send a written	39766
notice informing the company of the requirements of this section	39767
and encouraging it to continue to refrain from initiating active	39768
business operations in Iran or Sudan until it is able to avoid	39769
scrutinized business operations. The Fund shall continue such	39770
correspondence semiannually.	39771

(b) For each company newly identified under this section that	39772
has active business operations, the Fund shall send a written	39773
notice informing the company of its scrutinized company status	39774
and that it may become subject to divestment by the Fund. The	39775
notice shall inform the company of the opportunity to clarify its	39776
Iran-related or Sudan-related activities and encourage the	39777
company, within ninety days, to cease its scrutinized business	39778
operations or convert such operations to inactive business	39779
operations in order to avoid qualifying for divestment by the	39780
Fund.	39781

(c) If, within ninety days after the Fund creates the lists	39782
pursuant to division (B)(2) of this section, a company on either	39783
list ceases scrutinized business operations, the Fund shall remove	39784
the company from the scrutinized companies with activities in	39785
Sudan list and the scrutinized companies with activities in Iran	39786
list, and the provisions of this section shall cease to apply to	39787
that company unless that company resumes scrutinized business	39788
operations. If, within ninety days after the Fund creates the	39789
list, the company converts its scrutinized active business	39790
operations to inactive business operations, the company is	39791
subject to all provisions of this section relating to inactive	39792
business operations. A company may be on both the scrutinized	39793
companies with activities in Sudan list and the scrutinized	39794
companies with activities in Iran list. A company may be removed	39795
from one list but remain on the other list, in which case the	39796
company is subject to the provisions of this section applicable	39797
to the list on which the company remains.	39798

(d) The Fund shall submit letters to the managers of	39799
actively managed investment funds containing indirect holdings in	39800
companies identified in division (B)(1) of this section that have	39801
scrutinized active business operations requesting that they	39802
consider removing such companies from the Fund or create a similar	39803
actively managed fund having indirect holdings devoid of such	39804
companies.	39805

(C) The Ohio Police and Fire Pension Fund Board shall adopt a	39806
policy to address divestiture of holdings in companies identified	39807
and engaged pursuant to division (B) of this section. The goal of	39808
the policy shall be to achieve complete divestiture from such	39809
holdings when divestiture would be prudent and consistent with the	39810
Board's fiduciary duty. The policy shall be developed within	39811
thirty days after the effective date of this section.	39812

(D)(1) The Ohio Police and Fire Pension Fund shall file a	39813
report with the President of the Senate, the Speaker of the	39814
House of Representatives, the Minority Leader of the Senate, the	39815
Minority Leader of the House of Representatives, and the Ohio	39816
Retirement Study Council that includes the scrutinized companies	39817
with activities in Sudan list and the scrutinized companies with	39818
activities in Iran list within thirty days after the list is	39819
created and within thirty days after the list is updated. The	39820
Fund shall make the report available to the public.	39821

(2) The Fund shall file a report annually, which shall be	39822
made available to the public, to the President of the Senate, the	39823
Speaker of the House of Representatives, the Minority Leader of	39824
the Senate, the Minority Leader of the House of Representatives,	39825
the Ohio Retirement Study Council, and the Workers Compensation	39826
Council, and send a copy of that report to the United States	39827
Presidential Special Envoy to Sudan and the United States	39828
Presidential Special Envoy to Iran, or an appropriate designee or	39829
successor, that includes:	39830

(a) A summary of correspondence with companies engaged by the	39831
Fund pursuant to this section;	39832

(b) All investments sold, redeemed, divested, or withdrawn	39833
pursuant to this section;	39834

(c) Any progress made under division (B)(4)(d) of this	39835
section;	39836

(d) A list of all publicly traded securities held directly by	39837
the Fund.	39838

(E) If any of the following occur, the Ohio Police and Fire	39839
Pension Fund shall no longer assemble the scrutinized companies	39840
with activities in Sudan list, shall cease engagement and	39841
divestment of such companies, and may reinvest in such companies	39842
as long as such companies do not satisfy the criteria for	39843
inclusion in the scrutinized companies with activities in Iran	39844
list:	39845

(1) Congress or the President of the United States determines	39846
that the government of Sudan has sufficiently halted the genocide	39847
in the Darfur region for at least twelve months.	39848

(2) The federal government revokes all sanctions imposed	39849
against the government of Sudan.	39850

(3) Congress or the President of the United States, through	39851
legislation or executive order, declares that mandatory divestment	39852
of the type provided for in this section interferes with the	39853
conduct of United States foreign policy.	39854

(4) Congress or the President of the United States declares	39855
that the government of Sudan has honored its commitments to cease	39856
attacks on civilians, demobilize and demilitarize the Janjaweed	39857
and associated militias, grant free and unfettered access for	39858
deliveries of humanitarian assistance, and allow for the safe and	39859
voluntary return of refugees and internally displaced persons.	39860

(F) If any of the following occur, the Fund shall no longer	39861
assemble the scrutinized companies with activities in Iran list	39862
and shall cease engagement, investment prohibitions, and	39863
divestment. The Fund may reinvest in such companies as long as	39864
such companies do not satisfy the criteria for inclusion in the	39865
scrutinized companies with activities in Sudan list:	39866

(1) Congress or the President of the United States determines	39867
that the government of Iran has ceased to acquire weapons of mass	39868
destruction and support international terrorism.	39869

(2) The federal government revokes all sanctions imposed	39870
against the government of Iran.	39871

(3) Congress or the President of the United States declares	39872
that mandatory divestment of the type provided for in this act	39873
interferes with the conduct of United States foreign policy.	39874

(G) The Ohio Police and Fire Pension Fund is not liable for	39875
breach of the Fund's fiduciary duty if the Fund complies in	39876
good faith with the requirements of this section. If the Fund	39877
made determinations in good faith regarding the status of a	39878
company as required under this section, the members are not	39879
liable in an action for libel or slander. All former, present, or	39880
future members of the Ohio Police and Fire Pension Fund Board of	39881
Trustees and all officers, employees, and agents of the Fund	39882
shall be indemnified, whether jointly or severally, for all	39883
claims, demands, suits, actions, damages, judgments, costs,	39884
charges, and expenses, including court costs and attorney's fees,	39885
and against all liability, losses, and damages of any nature that	39886
such board members, officers, employees, or agents may incur by	39887
reason of any decision to restrict, reduce, or eliminate	39888
investments in companies doing business in Iran or Sudan. A Board	39889
member, officer, employee, or agent of the Fund shall be	39890
indemnified through the Fund. In any action pursuant to this	39891
section, the Board has any rights granted in section 109.98 of	39892
the Revised Code.	39893

Section 711.10. (A) As used in this section, "Community	39894
development bank" has the meaning as set forth in the "Federal	39895
Deposit Insurance Corporation Improvement Act of 1991," 105 Stat.	39896
2317, 12 U.S.C. 1834b(e)(1).	39897

(B) Notwithstanding any contrary provision of section 135.33	39898
of the Revised Code, a community development bank, pursuant to	39899
that section, may apply to, and be designated by, a county as a	39900
depository of active moneys during the county's period of	39901
designation in effect on the effective date of this section if all	39902
of the following apply:	39903

(1) The bank is located in a county with a population of over	39904
one million three hundred thousand people based on the most recent	39905
decennial census figures from the United States Department of	39906
Commerce, Division of Census;	39907

(2) The bank has previously served the county described in	39908
division (B)(1) of this section as a depository;	39909

(3) The bank applies to the county described in division	39910
(B)(1) of this section to be a depository; and	39911

(4) The bank is an eligible institution under section 135.32	39912
of the Revised Code.	39913

Section 715.10. The Department of Natural Resources and the	39914
Department of Public Safety shall seek all available federal money	39915
to assist the City of Findlay in rebuilding infrastructure or	39916
building preventative infrastructure with respect to flood	39917
mitigation and preparation.	39918

Section 715.50. (A) There is hereby created the State Park	39919
and Recreational Area Study Committee consisting of the following	39920
members:	39921

(1) The Director of Natural Resources or the Director's	39922
designee;	39923

(2) Two members representing the public appointed by the	39924
Governor who have general knowledge of the operation of a park or	39925
recreational area;	39926

(3) Three members appointed by the Speaker of the House of	39927
Representatives who may be members of the House of Representatives	39928
or individuals representing the public. A member representing the	39929
public shall have general knowledge of the operation of a park or	39930
recreational area.	39931

(4) Three members appointed by the President of the Senate	39932
who may be members of the Senate or individuals representing the	39933
public. A member representing the public shall have general	39934
knowledge of the operation of a park or recreational area.	39935

(B) All appointments to the Committee shall be made not later	39936
than thirty days after the effective date of this section. The	39937
Director of Natural Resources shall serve as the chairperson of	39938
the Committee.	39939

(C) Members of the Committee shall serve without compensation	39940
and shall not be reimbursed for expenses.	39941

(D) The Department of Natural Resources shall provide	39942
administrative support if requested by the Committee.	39943

(E) The Committee shall study and assess the current and	39944
future operating budgets of the state parks and of recreational	39945
areas under the control of the Department of Natural Resources and	39946
the condition of the current infrastructure and future needs of	39947
the state parks and those recreational areas.	39948

(F) Not later than December 31, 2008, the Committee shall	39949
submit a report of its findings to the Governor, the Speaker of	39950
the House of Representatives, the Minority Leader of the House of	39951
Representatives, the President of the Senate, and the Minority	39952
Leader of the Senate. Upon the submission of the report, the	39953
Committee shall cease to exist.	39954

Section 733.10. (A) As used in this section:

39955

(1) "Eligible school district" means a city, exempted	39956
village, or local school district for which the certification of	39957
taxable values made under division (A) of section 3317.021 of the	39958
Revised Code for fiscal year 2007 and for fiscal year 2008	39959
erroneously included at least ten million dollars in assessed	39960
value of tax-exempt public utility property.	39961

(2) "Tax-exempt public utility property" means real or	39962
tangible personal property used in the provision of a public	39963
utility service that was exempted from taxation for tax years 2005	39964
and 2006 under section 5709.62 or 5709.63 of the Revised Code.	39965

(3) "State education aid" has the same meaning as in section	39966
5751.20 of the Revised Code, except that for fiscal year 2007,	39967
state education aid includes both of the following:	39968

(a) The transportation payment calculated under Section	39969
206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, as	39970
amended, instead of division (D) of section 3317.022 of the	39971
Revised Code;	39972

(b) Transitional aid calculated under Section 206.09.39 of	39973
that act, as amended.	39974

(4) "2005 valuation adjustment" means the assessed value of	39975
tax-exempt public utility property that was included in the	39976
certification made under division (A) of section 3317.021 of the	39977
Revised Code for fiscal year 2007.	39978

(5) "2006 valuation adjustment" means the assessed value of	39979
tax-exempt public utility property that was included in the	39980
certification made under division (A) of section 3317.021 of the	39981
Revised Code for fiscal year 2008.	39982

(6) "Total taxes charged and payable for current expenses"	39983
has the same meaning as in section 3317.0216 of the Revised Code.	39984

(7) "2005 local revenue adjustment" means the amount of total	39985
taxes charged and payable for current expenses, as calculated for	39986
an eligible school district for fiscal year 2007, that is	39987
attributable to the tax exempt public utility property that was	39988
included in the certification made under division (A)(3)(a) of	39989
section 3317.021 of the Revised Code for that fiscal year.	39990

(8) "2006 local revenue adjustment" means the amount of total	39991
taxes charged and payable for current expenses, as calculated for	39992
an eligible school district for fiscal year 2008, that is	39993
attributable to the tax exempt public utility property that was	39994
included in the certification made under division (A)(3)(a) of	39995
section 3317.021 of the Revised Code for that fiscal year.	39996

(B)(1) The Department of Education shall recompute an	39997
eligible school district's state education aid for fiscal year	39998
2007 by reducing the total taxable value certified for the	39999
district under division (A) of section 3317.021 of the Revised	40000
Code for that fiscal year by an amount equal to the 2005 valuation	40001
adjustment, and by reducing the district's total taxes charged and	40002
payable for current expenses for that fiscal year by the 2005	40003
local revenue adjustment, and pay the district the increase in	40004
state education aid resulting from the recomputation. Each	40005
component of state education aid affected by the valuation and	40006
revenue adjustment shall be recomputed. Within forty-five days	40007
after the effective date of this section, the payment shall be	40008
made from money appropriated for fiscal year 2008 under the	40009
appropriation line items corresponding with the components of	40010
state education aid required to be recomputed under this	40011
division.	40012

(2) The Department of Education shall recompute an eligible	40013
school district's state education aid for fiscal year 2008 by	40014
reducing the total taxable value certified for the district under	40015
division (A) of section 3317.021 of the Revised Code for that	40016
fiscal year by an amount equal to the 2006 valuation adjustment,	40017
and by reducing the district's total taxes charged and payable for	40018
current expenses for that fiscal year by the 2006 local revenue	40019
adjustment, and pay the district the increase in state education	40020
aid resulting from the recomputation. Each component of state	40021
education aid affected by the valuation and revenue adjustment	40022
shall be recomputed. The payment shall be made from money	40023
appropriated for fiscal year 2008 under the appropriation line	40024
items corresponding with the components of state education aid	40025
required to be recomputed under this division. The amount of the	40026
payment shall be divided in equal amounts among the remaining	40027
payments of state education aid required to be made during fiscal	40028
year 2008 that have not been paid before the effective date of	40029
this section, and paid at the same time as those payments.	40030

(3) The recomputed total taxable value, the recomputed total	40031
taxes charged and payable for current expenses, and state	40032
education aid recomputed under divisions (B)(1) and (2) of this	40033
section shall be regarded as the district's total taxable value,	40034
total taxes charged and payable for current expenses, and state	40035
education aid for fiscal year 2007 and 2008, respectively, for all	40036
purposes of Chapter 3317. of the Revised Code; Am. Sub. H.B. 66 of	40037
the 126th General Assembly, including the computation of	40038
transitional aid under Section 206.09.39 of that act, as amended;	40039
and Am. Sub. H.B. 119 of the 127th General Assembly, including	40040
under Section 269.30.80 of that act.	40041

(4) Any amounts payable under division (B)(1) or (2) of this	40042
section shall be reduced by any amount paid under section 3317.026	40043
of the Revised Code if the amount paid under that section was paid	40044
on account of refunded taxes charged against tax-exempt public	40045
utility property for tax year 2005 or 2006 and for which	40046
recomputation is made under division (B) of this section.	40047

(C) The Department of Education shall recompute an eligible	40048
school district's adjusted valuation per pupil, three-year average	40049
adjusted valuation per pupil, and average taxable value for the	40050
purposes of ranking the district under section 3318.011 of the	40051
Revised Code, and determining the district's portion of the basic	40052
project cost under section 3318.032 of the Revised Code, for any	40053
such computation that includes the taxable values certified for	40054
the district for tax year 2005 or 2006 under division (A) of	40055
section 3317.021 of the Revised Code. For computations of	40056
valuation per pupil or average taxable value that include the	40057
taxable value certified for tax year 2005, the recomputation	40058
shall incorporate the taxable values so certified reduced by the	40059
2005 valuation adjustment. For computations of valuation per	40060
pupil or average taxable value that include the taxable value	40061
certified for tax year 2006, the recomputation shall incorporate	40062
the taxable values so certified reduced by the 2006 valuation	40063
adjustment. Within forty-five days after the effective date of	40064
this act, the Department shall adjust the percentile ranking of	40065
the district in the same manner as it was certified to the Ohio	40066
School Facilities in September 2007, but using the 2005 and 2006	40067
valuation adjustments, and perform the Department's other duties	40068
under section 3318.011 of the Revised Code to reflect the	40069
recomputations, and shall certify the recomputations and other	40070
information required by that section to the Ohio School Facilities	40071
Commission. The Commission shall adjust the portion of basic	40072
project cost to be supplied by the district on the basis of the	40073
department's certification.	40074

Section 733.12. The education aid growth recalculations made	40075
under division (B) of section 5727.85 of the Revised Code for	40076
October 31, 2007, shall be calculated as if the amendments by	40077
this act of that section were effective at that time. Any school	40078
district that becomes eligible for payment in calendar year 2008	40079
because of the recalculation shall receive its first-half payment	40080
along with its second-half payment in August 2008.	40081

Section 733.13. (A) As used in this section, "equity list"	40082
means the school district percentile rankings calculated under	40083
section 3318.011 of the Revised Code.	40084

(B) Not later than thirty days after the effective date of	40085
this section, the Department of Education shall create an	40086
alternate equity list for fiscal year 2008 by recalculating each	40087
school district's percentile ranking under section 3318.011 of the	40088
Revised Code and shall certify the alternate equity list to the	40089
Ohio School Facilities Commission. For this purpose, the	40090
Department shall recalculate every school district's percentile	40091
ranking using the district's "valuation per pupil" as that term is	40092
defined in the version of section 3318.011 of the Revised Code in	40093
effect on and after September 29, 2007. When recalculating the	40094
percentile rankings, the Department shall use the same values for	40095
"average taxable value," "formula ADM," and "income factor," as	40096
those terms are defined in section 3318.011 of the Revised Code,	40097
that it used in calculating the original equity list for fiscal	40098
year 2008 certified to the Commission on September 5, 2007, and	40099
shall not use any updated values for those variables.	40100

(C) The Commission shall use the alternate equity list	40101
certified under division (B) of this section to determine the	40102
priority for assistance under sections 3318.01 to 3318.20 of the	40103
Revised Code in fiscal year 2009 for each school district that has	40104
not previously been offered funding under those sections. The	40105
alternate equity list shall not affect any school district's	40106
eligibility for the Exceptional Needs School Facilities Assistance	40107
Program under section 3318.37 of the Revised Code.	40108

(D) Notwithstanding any provision of Chapter 3318. of the	40109
Revised Code to the contrary, for each school district that	40110
receives the Commission's conditional approval of the district's	40111
project under sections 3318.01 to 3318.20 or section 3318.37 of	40112
the Revised Code in fiscal year 2009, the district's portion of	40113
the basic project cost shall be the lesser of the following:	40114

(1) The amount required under section 3318.032 of the Revised	40115
Code calculated using the percentile in which the district ranks	40116
on the alternate equity list certified under division (B) of this	40117
section;	40118

(2) The amount required under section 3318.032 of the Revised	40119
Code calculated using the percentile in which the district ranks	40120
on the original equity list for fiscal year 2008.	40121

Section 733.14. (A) As used in this section:

40122

(1) "Alternative equity list" means a rank order of all city,	40123
exempted village, and local school districts into percentiles	40124
according to the one-year adjusted valuation per pupil of each	40125
district from lowest to higher adjusted valuation per pupil,	40126
computed as follows:	40127

(The district's total taxable value for tax year 2006 / the	40128
district's formula ADM for fiscal year 2007) - [$30,000 x (1 -the	40129
district's income factor for fiscal year 2007)]	40130

(2) "Original equity list" means the school district	40131
percentile ranking according to the three-year average adjusted	40132
valuation per pupil of all city, exempted village, and local	40133
school districts calculated under section 3318.011 of the Revised	40134
Code and certified to the Ohio School Facilities Commission on	40135
September 5, 2007.	40136

(3) "Project" has the same meaning as in section 3318.01 of	40137
the Revised Code.	40138

(4) "School district's portion of the basic project cost"	40139
means the portion of the basic project cost computed under section	40140
3318.032 of the Revised Code.	40141

(5) "Total taxable value," "formula ADM," and "income factor"	40142
have the same meanings as in section 3317.02 of the Revised Code.	40143

(B) Not later than thirty days after the effective date of	40144
this section, the Department of Education shall create the	40145
alternative equity list defined in this section and shall certify	40146
that list to the Ohio School Facilities Commission for its use in	40147
determining funding of school district projects for fiscal year	40148
2009, in the manner prescribed in division (C) of this section.	40149

(C) Notwithstanding any provision to the contrary in Chapter	40150
3318. of the Revised Code, for fiscal year 2009 only, in the case	40151
of any school district that has not received funding under	40152
sections 3318.01 to 3318.20 of the Revised Code in any fiscal year	40153
prior to fiscal year 2009 and for which the district's rank on the	40154
alternative equity list is at least fifteen percentiles lower than	40155
the district's rank on the original equity list:	40156

(1) The Commission shall use the district's percentile on the	40157
alternative equity list to determine the district's priority for	40158
assistance and the school district's portion of the basic project	40159
cost for a project under sections 3318.01 to 3318.20 of the	40160
Revised Code, rather than the district's percentile on the	40161
original equity list as otherwise provided under those sections;	40162

(2) The Commission shall use the district's percentile on the	40163
alternative equity list to determine the school district's portion	40164
of the basic project cost for a project under section 3318.37 of	40165
the Revised Code, rather than the district's percentile on the	40166
original equity list as otherwise provided under that section. The	40167
alternative equity list shall not affect any school district's	40168
eligibility and priority for assistance under that section.	40169

The Commission shall not use the alternative equity list to	40170
determine the priority for funding or a school district's portion	40171
of the basic project cost for any other school district or for any	40172
other program administered by the Commission.	40173

(D) If a school district is offered funding under sections	40174
3318.01 to 3318.20 or section 3318.37 of the Revised Code for	40175
fiscal year 2009 based on this section, the district's project	40176
shall proceed as specified in those sections, except as otherwise	40177
provided in this section.	40178

Section 733.15. Notwithstanding division (B) of section	40179
3318.40 of the Revised Code, the Ohio School Facilities	40180
Commission may set aside up to three per cent of the aggregate	40181
amount appropriated to it in fiscal year 2008 for classroom	40182
facilities assistance projects in the Education Facilities Trust	40183
Fund established under section 183.26 of the Revised Code, the	40184
Public School Building Fund established under section 3318.15 of	40185
the Revised Code, and the School Building Program Assistance Fund	40186
established under section 3318.25 of the Revised Code to provide	40187
assistance to joint vocational school districts for the	40188
acquisition of classroom facilities in accordance with sections	40189
3318.40 to 3318.45 of the Revised Code.	40190

Section 733.20. Notwithstanding any provision to the contrary	40191
in Chapter 3314. of the Revised Code, with respect to the	40192
calculation of full-time equivalency under division (L)(3) of	40193
section 3314.08 of the Revised Code, the Superintendent of Public	40194
Instruction shall waive the number of hours or days of learning	40195
opportunities not offered to a student because a community school	40196
was closed during the 2007-2008 school year due to disease	40197
epidemic, hazardous weather conditions, inoperability of school	40198
buses or other equipment necessary to the school's operation,	40199
damage to a school building, or other temporary circumstances due	40200
to utility failure rendering the school building unfit for school	40201
use, so long as the school was actually open for instruction with	40202
pupils in attendance during that school year for not less than	40203
nine hundred twenty hours. For purposes of determining funding	40204
for the community school under Chapter 3314. of the Revised Code	40205
for the 2007-2008 school year, the Department of Education shall	40206
treat the school as if it were open for instruction with pupils	40207
in attendance during the hours or days waived under this section.	40208

Section 733.21. (A) Notwithstanding sections 3313.48,	40209
3313.481, and 3317.01 of the Revised Code, no school district to	40210
which the following conditions apply shall be required to make up	40211
any days or hours a school was closed during the 2007-2008 school	40212
year due to flooding from a burst water pipe:	40213

(1) The flooding caused the school to be closed for only one	40214
day in excess of the number permitted by sections 3313.48,	40215
3313.481, and 3317.01 of the Revised Code and the other schools of	40216
the district were not closed for any days in excess of the number	40217
permitted by those sections.	40218

(2) The length of the school day for the school closed due to	40219
flooding exceeds the minimum number of hours required by the State	40220
Board of Education under section 3313.48 of the Revised Code by at	40221
least one-half hour.	40222

(B) A school district described in division (A) of this	40223
section shall not be considered to have failed to comply with	40224
division (B) of section 3317.01 of the Revised Code during the	40225
2007-2008 school year for purposes of receiving state payments	40226
under Chapter 3317. of the Revised Code in fiscal year 2009.	40227

Section 733.30. (A)(1) The clearinghouse of distance	40228
learning courses established under former sections 3353.20 to	40229
3353.30 of the Revised Code is hereby moved from the eTech Ohio	40230
Commission to the Chancellor of the Ohio Board of Regents. On and	40231
after the effective date of this section, that clearinghouse shall	40232
be administered by the Chancellor in the manner prescribed by	40233
sections 3353.20 (3333.81), 3353.21 (3333.82), 3353.22 (3333.83),	40234
3353.26 (3333.85), 3353.27 (3333.86), 3353.28 (3333.87), and	40235
3353.29 (3333.88) of the Revised Code, as amended and renumbered	40236
by this act, new section numbers indicated in parentheses, and	40237
section 3333.84 of the Revised Code as enacted by this act.	40238

(2) The Chancellor is thereupon and thereafter successor to	40239
and assumes the obligations of the Commission as they relate to	40240
the distance learning clearinghouse.	40241

(3) Any business commenced but not completed by the	40242
Commission related to the distance learning clearinghouse shall be	40243
completed by the Chancellor in the same manner, and with the same	40244
effect, as if completed by the Commission. No validation, cure,	40245
right, privilege, remedy, obligation, or liability is lost or	40246
impaired by reason of moving the clearinghouse from the Commission	40247
to the Chancellor.	40248

(4) All of the rules of the Commission related to the	40249
distance learning clearinghouse continue in effect as rules of the	40250
Chancellor, until amended or rescinded by the Chancellor.	40251

(B) No judicial or administrative action or proceeding	40252
related to the distance learning clearinghouse, in which the	40253
Commission is a party, that is pending on the effective date of	40254
this section is affected by reason of moving the clearinghouse	40255
from the Commission to the Chancellor. Such action or proceeding	40256
shall be prosecuted or defended in the name of the Chancellor. On	40257
application to the court or other tribunal, the Chancellor of the	40258
Ohio Board of Regents shall be substituted for the eTech Ohio	40259
Commission as a party to such action or proceeding.	40260

(C) On the effective date of this section, all books,	40261
records, documents, files, transcripts, equipment, furniture,	40262
supplies, and other materials related to the distance learning	40263
clearinghouse assigned to or in the possession of the Commission	40264
shall be transferred to the Chancellor.	40265

Section 733.40. DOE MEDICAID SCHOOL COMPONENT OF THE	40266
MEDICAID PROGRAM	40267

Upon the request of the Superintendent of Public Instruction,	40268
the Director of Budget and Management may transfer up to	40269
$1,000,000 cash and appropriation in fiscal year 2009 from General	40270
Revenue Fund appropriation item 200550, Foundation Funding, to	40271
appropriation item 200603, Schools Medicaid Administrative Claims	40272
(Fund 3AF0). The funds transferred are to be used by the	40273
Department of Education to pay the expenses the Department incurs	40274
in administering the Medicaid School Component of the Medicaid	40275
program established under sections 5111.71 to 5111.715 of the	40276
Revised Code. On June 1, 2009, or as soon as possible thereafter,	40277
the Director of Budget and Management shall transfer cash and	40278
appropriation back to General Revenue Fund appropriation item	40279
200550, Foundation Funding, the total amount transferred in fiscal	40280
year 2009.	40281

The money deposited into the Medicaid School Program	40282
Administrative Fund (Fund 3AF0) pursuant to division (B) of	40283
section 5111.714 of the Revised Code is hereby appropriated to	40284
appropriation item 200603, Schools Medicaid Administrative Claims,	40285
for fiscal year 2009 and shall be used in accordance with division	40286
(D) of section 5111.714 of the Revised Code.	40287

Section 733.50. Notwithstanding divisions (A)(1)(b) and (c)	40288
of section 3333.122 of the Revised Code, an Ohio resident who	40289
first enrolls in an undergraduate program in the 2008-2009	40290
academic year in an education program of at least two years'	40291
duration sponsored by a private institution of higher education in	40292
this state that meets the requirements of Title VI of the Civil	40293
Rights Act of 1964 and that as of July 1, 2008, has a pending	40294
application for a certificate of authorization from the Chancellor	40295
of the Board of Regents pursuant to Chapter 1713. of the Revised	40296
Code shall be an eligible student, as defined in section 3333.122	40297
of the Revised Code.	40298

For purposes of this section, "pending application" means a	40299
submitted application approved as sufficient by the Chancellor and	40300
that has not been otherwise denied or withdrawn.	40301

Section 733.60. The Governor shall consult with the Speaker	40302
of the House of Representatives and the President of the Senate	40303
prior to appointing initial members of the board of trustees of	40304
the Northeastern Ohio Universities College of Medicine under	40305
division (A)(3) of section 3350.10 of the Revised Code.	40306

Section 737.10. HOME MEDICAL EQUIPMENT SERVICE PROVIDERS

40307

If a provider of home medical equipment services holds a	40308
license or certificate of registration scheduled to expire in an	40309
odd-numbered year pursuant to sections 4752.05 and 4752.12 of the	40310
Revised Code, as those sections existed prior to being amended by	40311
this act, the next renewal of the license or certificate that	40312
occurs after the effective date of this section shall be	40313
processed by the Ohio Respiratory Care Board in accordance with	40314
the even-numbered year licensing and registration periods	40315
specified in sections 4752.05 and 4752.12 of the Revised Code,	40316
as amended by this act. The Board shall provide for a	40317
proportionate reduction in the renewal fee that otherwise would	40318
apply for renewing the license or certificate.	40319

Section 743.10. (A) The amendments made to section 4301.43	40320
and the enactment of sections 4303.071 and 4303.232 of the	40321
Revised Code by Am. Sub. H.B. 119 of the 127th General Assembly	40322
were not meant to subject the holders of B-2a permits or S	40323
permits to the tax levied under section 4301.43 of the Revised	40324
Code. The imposition of the tax levied under Section 4301.43 of	40325
the Revised Code on those permit holders was the result of a	40326
technical drafting error that the General Assembly is now	40327
correcting with this section.	40328

(B) The Tax Commissioner shall determine the amount of tax	40329
that has been levied under section 4301.43 of the Revised Code on	40330
each holder of a B-2a permit and each holder of an S permit and	40331
that should not have been collected for the time period beginning	40332
on October 1, 2007, and ending on December 31, 2007, or for any	40333
period in calendar year 2008 for which a B-2a or S permit holder	40334
has already filed a return and paid the tax levied under section	40335
4303.43 of the Revised Code prior to the effective date of this	40336
section. The Tax Commissioner then shall refund the amounts so	40337
determined to the applicable B-2a permit holders and S permit	40338
holders.	40339

Section 751.10. ICF/MR CONVERSION

40340

(A) As used in this section, "home and community-based	40341
services" has the same meaning as in section 5123.01 of the	40342
Revised Code.	40343

(B) For each quarter of fiscal year 2009, the Director of	40344
Mental Retardation and Developmental Disabilities shall certify	40345
to the Director of Budget and Management the estimated amount to	40346
be transferred from the Department of Job and Family Services to	40347
the Department of Mental Retardation and Developmental	40348
Disabilities for the provision of home and community-based	40349
services made available by the slots sought under section	40350
5111.877 of the Revised Code. On receipt of the certification	40351
from the Director of Mental Retardation and Developmental	40352
Disabilities, the Director of Budget and Management may do one	40353
or more of the following:	40354

(1) Reduce GRF appropriation item 600-525, Health	40355
Care/Medicaid, in the Department of Job and Family Services, by	40356
the estimated amount for providing the home and community-based	40357
services and increase GRF appropriation item 322-416, Medicaid	40358
Waiver - State Match, in the Department of Mental Retardation and	40359
Developmental Disabilities, by the state share of the estimated	40360
amount for the provision of the home and community-based	40361
services;	40362

(2) Increase appropriation item 322-639, Medicaid Waiver –	40363
Federal, in the Department of Mental Retardation and Developmental	40364
Disabilities, by the federal share amount of the estimated amount	40365
for the provision of the home and community-based services;	40366

(3) Increase appropriation item 600-655, Interagency	40367
Reimbursement, in the Department of Job and Family Services, by	40368
the federal share of the estimated amount for the provision of	40369
the home and community-based services.	40370

Section 751.20. MONEY FOLLOWS THE PERSON ENHANCED	40371
REIMBURSEMENT FUND	40372

The Money Follows the Person Enhanced Reimbursement Fund is	40373
hereby created in the state treasury. The federal payments made	40374
to the state under subsection (e) of section 6071 of the "Deficit	40375
Reduction Act of 2005," Pub. L. No. 109-171, shall be deposited	40376
into the Fund. The Department of Job and Family Services shall	40377
use money deposited into the Fund for system reform activities	40378
related to the Money Follows the Person demonstration project.	40379

Section 751.23. JFS MEDICAID SCHOOL COMPONENT OF THE	40380
MEDICAID PROGRAM	40381

At the request of the Director of Job and Family Services,	40382
the Director of Budget and Management may increase the	40383
appropriation in appropriation item 600655, Interagency	40384
Reimbursement, for fiscal year 2009 by the amounts the Department	40385
of Job and Family Services receives from the federal government	40386
for the federal share of Medicaid services provided under, and	40387
administrative costs of, the Medicaid School Component of the	40388
Medicaid program established under sections 5111.71 to 5111.715 of	40389
the Revised Code.	40390

Section 751.30. MORATORIUM ON CLOSURE OF STATE MENTAL HEALTH	40391
FACILITIES	40392

(A) As used in this section, "state mental health facility"	40393
means an institution for the care and treatment of individuals	40394
with mental illness that is maintained, operated, managed, and	40395
governed by the Department of Mental Health pursuant to Chapter	40396
5119. of the Revised Code.	40397

(B) Until six months after the effective date of this	40398
section, neither the Governor nor the Department of Mental Health	40399
shall close a state mental health facility, notwithstanding the	40400
provisions of Chapter 5119. of the Revised Code or any other	40401
provision of the Revised Code under which the Department has	40402
jurisdiction over state mental health facilities.	40403

Section 753.10. (A) The Governor is hereby authorized to	40404
execute a deed in the name of the state conveying to a purchaser	40405
and the purchaser's successors and assigns or heirs and assigns	40406
all of the state's right, title, and interest in the following	40407
described real estate:	40408

Being situated in the State of Ohio, County of Marion,	40409
Township of Marion, and being a part of Section 26, Township 5	40410
South, Range 15 East, Marion Township, Marion County, Ohio, and	40411
being part of a 2.424 acre tract conveyed to Franchise Realty	40412
Interstate Corporation by deed dated April 26, 1973, shown of	40413
record in Deed Book 490, Page 464, Recorder's Office, Marion	40414
County, Ohio, and being more particularly described as follows:	40415

Beginning at a PK nail at the intersection of the easterly	40416
line of Section 26 (westerly line of Section 25), with the	40417
centerline of State Route #95 (Mount Vernon Avenue) (the	40418
centerline of State Route #95 is shown on Sheet 12 of 16 of the	40419
Right-of-Way Plans of MAR-95-16.49, Department of Highways, State	40420
of Ohio, Division 6, Delaware, Ohio), said nail is at the	40421
northeasterly corner of said 2.424 acre tract, and the	40422
northwesterly corner of a 30 acre tract (Tract #3) conveyed to the	40423
State of Ohio, shown of record in Deed Book 415, Page 207;	40424

Thence South 0 degrees, 11 minutes 18 seconds West, along the	40425
easterly line of said 2.424 acre tract (easterly line of Section	40426
26), and along the westerly line of said 30 acre tract (Tract #3)	40427
(westerly line of Section 25), passing an iron pin on the	40428
southerly right-of-way line of said State Route #95 at 43.01 feet,	40429
a total distance of 329.50 feet to an iron pin at the	40430
southeasterly corner of said 2.424 acre tract, and the	40431
northeasterly corner of a 17.08 acre tract conveyed to J.C. Neff	40432
and A.J. Uliano (Tract #1), shown of record in Deed Book 435, 346;	40433

Thence South 88 degrees 44 minutes 48 seconds West, along the	40434
southerly line of said 2.424 acre tract, and along the northerly	40435
line of said 17.08 acre tract (Tract #1), a distance of 150.00	40436
feet to an iron pin;	40437

Thence North 0 degrees 11 minutes 18 seconds East, across	40438
said 2.424 acre tract, and along a line parallel to the easterly	40439
line of said 2.424 acre tract, (easterly line of Section 26),	40440
passing an iron pin on the southerly right-of-way line of said	40441
State Route #95 at 286.49 feet, a total distance of 329.50 feet to	40442
a PK nail on the centerline of said State Route #95 (northerly	40443
line of said 2.424 acre tract);	40444

Thence North 88 degrees 44 minutes 48 seconds East, along the	40445
centerline of said State Route #95 (northerly line of said 2.424	40446
acre tract), a distance of 150.00 feet to the place of beginning,	40447
containing 1.134 acres more or less of which 0.148 acres more or	40448
less is within the present right-of-way limits of said State Route	40449
#95, leaving a net acreage of 0.986 acres more or less.	40450

LAST DEED REFERENCE: VOLUME 187 PAGE 558, RECORDS OF MARION	40451
COUNTY, OHIO.	40452

(B) The sale of the real estate described in division (A) of	40453
this section shall be carried out by the Board of Trustees of The	40454
Ohio State University.	40455

(C) Consideration for the real estate described in division	40456
(A) of this section shall be $365,000, subject to adjustment	40457
pursuant to the purchase contract and costs incidental to the	40458
closing.	40459

(D) Closing costs incident to the sale of the real estate	40460
described in division (A) of this section required to be paid by	40461
the seller under the purchase contract shall be paid by the Board	40462
of Trustees of The Ohio State University.	40463

(E) Upon payment of the purchase price set forth in division	40464
(C) of this section, the Auditor of State, with the assistance of	40465
the Attorney General, shall prepare a deed to the real estate	40466
described in division (A) of this section, which deed shall state	40467
that the conveyance of the property is subject to real estate	40468
taxes and assessments not yet due and payable, those liens and	40469
encumbrances created or assumed by the purchaser, zoning	40470
ordinances and regulations, legal highways and public	40471
rights-of-way, and any easements, conditions, restrictions, and	40472
covenants of record.	40473

The deed shall be executed by the Governor in the name of the	40474
state, countersigned by the Secretary of State, sealed with the	40475
Great Seal of the State, presented in the office of the Auditor of	40476
State for recording, and delivered to the purchaser. The purchaser	40477
shall present the deed for recording in the office of the Marion	40478
County Recorder.	40479

(F) The net proceeds of the sale of the real estate described	40480
in division (A) of this section shall be deposited in The Ohio	40481
State University Land Purchase Account.	40482

(G) This section expires one year after its effective date.

40483

Section 753.20. (A) The Governor is hereby authorized to	40484
execute a Governor's Deed in the name of the state conveying to	40485
the Board of Commissioners of Shelby County, Ohio (grantee), and	40486
the grantee's successors and assigns, all of the state's right,	40487
title, and interest in the following described real estate:	40488

Situated in the State of Ohio, County of Shelby, Township of	40489
Jackson, being a part of the Southeast Quarter of the Southeast	40490
Quarter of Section 29, Township 7 South, Range 7 East, and being	40491
resurvey of that 6.070-acre tract and that 2.820-acre tract as	40492
conveyed to State of Ohio in Deed Volume 221, Page 524, all	40493
references being to those of record in the Recorder's Office,	40494
Shelby County, Ohio, said 8.905-acre parcel being more	40495
particularly bounded and described as follows:	40496

Commencing at a railroad spike found at the intersection of	40497
State Route 119 (width varies) and Wones Road (50' in width), also	40498
being the southeast corner of Section 29;	40499

Thence along the centerline of said State Route 119 and the	40500
southerly line of Section 29, North 89°42'00" West, passing a mag	40501
nail found at 467.78 feet and 777.73 feet, a total distance of	40502
1,222.65 feet to a mag nail set and being the Point of Beginning	40503
of the 8.905-acre parcel herein described;	40504

Thence continuing along the said centerline, North 89°42'00"	40505
West, 90.00 feet to a point at the southeasterly corner of the	40506
76.990-acre tract as conveyed to Lois M. Steenrod and Daniel	40507
Steenrod in Deed Volume 290, Page 34;	40508

Thence leaving the said centerline and along the easterly	40509
line of said Steenrod tract, North 00°53'00" East, passing an iron	40510
pin set in the northerly right-of-way line of said State Route 119	40511
at 50.00 feet, a total distance of 1,142.38 feet to an iron pin	40512
set at the southwesterly corner of the 5.92-acre tract as conveyed	40513
to Robert K. Depweg and Barbara A. Depweg in Deed Volume 299, Page	40514
246;	40515

Thence along the southerly line of said Depweg tract, the	40516
following three (3) courses and distances:	40517

South 89°47'00" East, 340.14 feet to an iron pin set;

40518

South 00°51'00" West, 13.69 feet to an iron pin set; and

40519

South 89°27'00" East, 194.11 feet to an iron pin set at the	40520
northwesterly corner of the 8.02-acre tract as conveyed to William	40521
Ray Young, Carolyn B. Young, and Robert L. Mummy in Deed Volume	40522
301, Page 297;	40523

Thence leaving the said southerly line and along the westerly	40524
line of said William Ray Young, Carolyn B. Young, and Robert L.	40525
Mummy tract, South 00°51'00" West, 633.33 feet to an iron pin set	40526
at the northeasterly corner of the 2.206-acre tract as conveyed to	40527
Daniel W. Steenrod in Official Record Book 1599, Page 18;	40528

Thence along the northerly line of said 2.206-acre tract and	40529
the northerly line of the 2.85-acre tract as conveyed to Daniel W.	40530
Steenrod in Deed Volume 327, Page 435, North 89°42'00" West,	40531
444.92 feet to an iron pin set at the northwesterly corner of said	40532
2.85-acre tract;	40533

Thence along the westerly line of said 2.85-acre tract, South	40534
00°51'00" West, passing an iron pin set in the said northerly	40535
right-of-way line at 445.00 feet, a total distance of 495.00 feet	40536
to the Point of Beginning and containing 8.905 acre, more or less.	40537

The above described area is contained within Shelby County	40538
Auditor Parcel Numbers 19-0629400.004 and 19-0629400.005.	40539

The bearings in the above description are based on the Ohio	40540
State Plane Coordinate System, Ohio North Zone, NAD83.	40541

All iron pins set are 5/8" rebar by 30 inches in length with	40542
red surveyors identification caps marked "J&H, PS 8283".	40543

Subject to all valid and existing easements, restrictions and	40544
conditions of record.	40545

This description may be modified to a final form if	40546
modifications are needed.	40547

(B) The real estate described in division (A) of this section	40548
shall be sold as an entire tract and not in parcels.	40549

(C) The Governor's Deed shall state that consideration for	40550
the conveyance of the real estate described in division (A) of	40551
this section shall be $1.00 as derived by mutual agreement between	40552
the Director of Administrative Services and the grantee through an	40553
executed offer to purchase real estate.	40554

(D) Prior to the execution of the Governor's Deed, possession	40555
of the real estate described in division (A) of this section may	40556
be governed by an interim lease or license between the Ohio	40557
Department of Administrative Services and the grantee.	40558

(E) Upon payment of the purchase price, the Auditor of State,	40559
with the assistance of the Attorney General, shall prepare a	40560
Governor's Deed to the real estate described in division (A) of	40561
this section. The Governor's Deed shall state the consideration	40562
and shall be executed by the Governor in the name of the state,	40563
countersigned by the Secretary of State, sealed with the Great	40564
Seal of the State, presented in the office of the Auditor of State	40565
for recording, and delivered to the grantee. The grantee shall	40566
present the Governor's Deed for recording in the office of the	40567
Shelby County Recorder.	40568

(F) The Governor's Deed shall contain a restriction that	40569
grantee shall extend the existing agreement between Dayton Public	40570
Television and the state, for Dayton Public Television's right to	40571
use the Premises and tower located thereon, described in division	40572
(A) of this section, through June 30, 2009.	40573

(G) The risk of loss or damage to the real estate described	40574
in division (A) of this section shall remain with and is expressly	40575
assumed by the state until title passes at the time of the	40576
delivery of the Governor's Deed.	40577

(H) The grantee shall pay the costs of the conveyance of the	40578
real estate described in division (A) of this section, including	40579
recordation costs of the Governor's Deed.	40580

(I) This section expires one year after its effective date.

40581

Section 757.10. The purpose of the amendment by this act of	40582
section 5709.121 of the Revised Code is to clarify the intent of	40583
the General Assembly that institutions of the kind described in	40584
the amendment are charitable institutions for the purposes of that	40585
section as it existed before the effective date of the amendment.	40586
Therefore, the amendment applies to any application for exemption,	40587
or the property that is the subject of such application, pending	40588
before the Tax Commissioner on the effective date of this act or	40589
filed thereafter.	40590

Section 803.03. Notwithstanding division (E)(5) of section	40591
5721.37 of the Revised Code, the holder of a certificate for	40592
which a notice of intent to foreclose has been filed with the	40593
county treasurer before the effective date of this section shall	40594
have ninety days from the effective date of this section to file	40595
foreclosure proceedings in a court of competent jurisdiction.	40596

Section 803.06. The amendment by this act of section 5739.02	40597
of the Revised Code, adding divisions (B)(49) and (50), applies	40598
to sales described in those divisions on or after August 1,	40599
2008.	40600

Section 803.10. That the amendment of section 5747.01 of the	40601
Revised Code by this act applies to taxable years beginning on or	40602
after January 1, 2008.	40603

Section 803.20. The amendment by this act to section 6117.012	40604
of the Revised Code applies to any proceedings, covenant,	40605
stipulation, obligation, resolution, trust agreement, indenture,	40606
loan agreement, lease agreement, agreement, act, or action, or	40607
part of it, pending on the effective date of this act.	40608

Section 803.31. Sections 4117.14 and 4117.15 of the Revised	40609
Code, as amended by this act, apply only to collective bargaining	40610
agreements and extensions and renewals of those agreements entered	40611
into on or after the effective date of those sections as amended	40612
by this act.	40613

Section 803.40. Sections 4123.26, 4123.32, 4123.37, and	40614
4123.54 of the Revised Code, as amended by this act, apply to all	40615
claims pursuant to Chapters 4121., 4123., and 4131. of the Revised	40616
Code arising on and after the effective date of those sections as	40617
amended by this act.	40618

Section 803.43. Notwithstanding division (A) of section	40619
4121.78 of the Revised Code, the amendments by this act to	40620
sections 4123.26, 4123.32, 4123.37, and 4123.54 of the Revised	40621
Code shall not be subject to the requirement that the Workers'	40622
Compensation Council study all changes to Chapters 4121., 4123.,	40623
4127., and 4131. of the Revised Code proposed to the General	40624
Assembly and to report to the General Assembly on their probable	40625
costs, actuarial implications, and desirability as a matter of	40626
public policy.	40627

Section 803.50. BOARDS OF ALCOHOL, DRUG ADDICTION, AND	40628
MENTAL HEALTH SERVICES	40629

The amendments made by this act to section 340.02 of the	40630
Revised Code specifying the areas of interest to be reflected in	40631
the composition of a board of alcohol, drug addiction, and mental	40632
health service do not affect the terms of the members holding	40633
office on the effective date of this section.	40634

Section 806.10. The items of law contained in this act, and	40635
their applications, are severable. If any item of law contained in	40636
this act, or if any application of any item of law contained in	40637
this act, is held invalid, the invalidity does not affect other	40638
items of law contained in this act and their applications that can	40639
be given effect without the invalid item or application.	40640

Section 812.10. Except as otherwise provided in this act, the	40641
amendment, enactment, or repeal by this act of a section is	40642
subject to the referendum under Ohio Constitution, Article II,	40643
Section 1c and section 1.471 of the Revised Code. Such an	40644
amendment, enactment, or repeal takes effect on the date specified	40645
below for the amendment, enactment, or repeal or, if a date is not	40646
specified below for the amendment, enactment, or repeal, on the	40647
ninety-first day after this act is filed with the Secretary of	40648
State.	40649

Sections 9.231, 9.24, 9.835, 107.19, 109.71, 113.061, 117.11,	40650
120.08, 121.31, 122.171, 124.821, 125.02, 125.021, 125.022,	40651
125.04, 125.041, 125.05, 125.051, 125.06, 125.07, 125.18, 125.25,	40652
127.16, 133.08, 133.52, 135.101, 135.102, 135.103, 135.104,	40653
135.105, 135.106, 135.61, 135.63, 135.65, 135.66, 145.47,	40654
156.02, 165.01, 165.03, 303.12, 303.211, 303.213, 306.43,	40655
307.697, 317.32, 319.301, 321.262, 340.02, 340.021, 351.26,	40656
519.12, 519.211, 715.73, 715.74, 901.42, 1332.04, 1751.01,	40657
1751.04, 1751.05, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15,	40658
1751.16, 1751.17, 1751.18, 1751.20, 1751.31, 1751.34, 1751.53,	40659
1751.60, 1751.89, 2743.49, 2744.05, 2915.101, 2923.11, 2935.01,	40660
2935.03, 2949.092, 2949.094, 3111.04, 3113.06, 3119.023,	40661
3119.54, 3301.0714, 3310.42, 3311.21, 3311.24, 3313.842,	40662
3313.978, 3314.016, 3314.02, 3314.03, 3314.05, 3314.086, 3314.37,	40663
3316.03, 3316.041, 3316.06, 3316.08, 3317.161, 3317.20, 3319.291,	40664
3323.30, 3323.31 (3323.33), 3323.32 (3323.34), 3323.33 (3323.35),	40665
3333.045, 3333.58, 3333.84, 3335.05, 3341.03, 3343.08, 3344.02,	40666
3345.34, 3350.10, 3352.02, 3353.02, 3353.20 (3333.81), 3353.21	40667
(3333.82), 3353.22 (3333.83), 3353.23, 3353.24, 3353.25, 3353.26	40668
(3333.85), 3353.27 (3333.86), 3353.28 (3333.87), 3353.29	40669
(3333.88), 3353.30, 3354.16, 3355.12, 3356.02, 3357.16, 3359.02,	40670
3361.02, 3364.02, 3365.15, 3501.19, 3503.14, 3503.16, 3503.19,	40671
3503.28, 3505.18, 3505.181, 3505.182, 3505.183, 3509.03,	40672
3509.031, 3509.04, 3509.05, 3511.02, 3511.05, 3511.09, 3703.01,	40673
3734.821, 3735.67, 3743.02, 3743.04, 3743.15, 3743.17, 3743.19,	40674
3743.25, 3743.40, 3743.44, 3743.45, 3743.54, 3743.56, 3743.65,	40675
3743.70, 3743.99, 3901.3814, 3905.40, 3923.281, 3923.443,	40676
3925.101, 3961.04, 4112.12, 4117.14, 4117.15, 4123.26, 4123.32,	40677
4123.37, 4123.54, 4141.31, 4141.312, 4301.355, 4301.421,	40678
4301.424, 4301.62, 4303.041, 4303.182, 4303.25, 4510.10,	40679
4511.01, 4511.101, 4511.181, 4511.191, 4511.53, 4731.65,	40680
4731.71, 4735.01, 4735.02, 4735.10, 4735.13, 4735.14,	40681
4735.141, 4735.142, 4752.04, 4752.05, 4752.06, 4752.07,	40682
4752.11, 4752.12, 4752.13, 4905.84, 4928.142, 4928.20, 4981.14,	40683
5101.26, 5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215,	40684
5101.571, 5101.58, 5101.80, 5104.02, 5104.041, 5111.032,	40685
5111.084, 5111.941, 5123.0412, 5123.36, 5501.09, 5502.68,	40686
5513.01, 5525.01, 5533.94, 5703.19, 5703.21, 5703.57, 5705.194,	40687
5705.199, 5705.214, 5705.29, 5709.121, 5721.30, 5721.31,	40688
5721.32, 5721.33, 5721.34, 5721.35, 5721.36, 5721.371,	40689
5721.38, 5721.381, 5721.39, 5721.40, 5721.41, 5721.42, 5721.43,	40690
5739.01, 5739.029, 5739.09, 5741.04, 5743.024, 5743.323,	40691
5747.01, 5747.02, 5747.082, 5748.022, 5749.17, 6101.53,	40692
6101.55, 6117.01, 6117.011, 6117.012, 6117.04, 6117.05,	40693
6117.06, 6117.25, 6117.251, 6117.28, 6117.30, 6117.34,	40694
6117.38, 6117.41, 6117.42, 6117.43, 6117.44, 6117.45,	40695
6117.49, 6121.045, and 6123.042 of the Revised Code. New	40696
sections 3323.31 and 3323.32 of the Revised Code that replace	40697
sections bearing the same numbers that have been renumbered.	40698

Section 5721.37 of the Revised Code, except as otherwise	40699
provided in this act.	40700

The amendment by this act of sections 5739.12, 5739.122,	40701
5739.124, 5741.12, 5741.121, and 5741.122 of the Revised Code	40702
takes effect January 1, 2009.	40703

Section 5 of Am. Sub. H.B. 24 of the 127th General Assembly,	40704
and Sections 103.80.50, 201.30, 201.50, 301.20.20, 301.20.80,	40705
401.11, and 401.71 of H.B. 496 of the 127th General Assembly,	40706
all as amended by this act.	40707

All sections of this act prefixed with a section number in	40708
the 200s.	40709

Sections 701.10, 701.20, 703.20, 705.10, 711.10, 715.10,	40710
715.50, 733.30, 733.60, 737.10, 753.10, 753.20, 757.10, 803.03,	40711
803.10, 803.20, 803.31, 803.40, 803.43, 803.50, 812.10, 815.10,	40712
and 815.20 of this act.	40713

Section 812.20. The amendment, enactment, or repeal by this	40714
act of the following sections is exempt from the referendum under	40715
Ohio Constitution, Article II, Section 1d and section 1.471 of the	40716
Revised Code and takes effect on the date specified below for the	40717
amendment, enactment or repeal or, if a date is not specified	40718
below for the amendment, enactment or repeal, immediately when	40719
this act becomes law.	40720

Sections 105.41, 113.40, 117.13, 117.38, 149.30, 519.213,	40721
713.081, 1333.61, 2903.213, 2903.214, 2907.10, 2919.26,	40722
2943.033, 3107.018, 3113.31, 3314.40, 3317.11, 3318.01, 3318.03,	40723
3318.032, 3318.033, 3318.034, 3318.04, 3318.37, 3318.90,	40724
3326.45, 3326.51, 3333.04, 3333.044, 3333.122, 3501.17, 3702.71,	40725
3702.72, 3702.73, 3702.74, 3702.75, 3702.78, 3702.79, 3702.81,	40726
3702.85, 3702.86, 3702.91, 3702.93, 3702.95, 4906.13, 4906.20,	40727
4906.98, 5101.143, 5101.572, 5111.0210, 5111.091, 5111.31,	40728
5111.71, 5111.711, 5111.712, 5111.713, 5111.714, 5111.715,	40729
5111.874, 5111.875, 5111.876, 5111.877, 5111.878, 5111.879,	40730
5111.8710, 5111.88, 5111.881, 5111.882, 5111.883, 5111.884,	40731
5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810,	40732
5111.8811, 5111.8812, 5111.8813, 5111.8814, 5111.8815,	40733
5111.8816, 5111.8817, 5111.94, 5112.311, 5123.196, 5703.82,	40734
5727.84, 5727.85, 5739.21, 5745.05, 5751.20, and 5751.21 of the	40735
Revised Code.	40736

The enactment of sections 5112.371 and 5123.0417 of the	40737
Revised Code takes effect July 1, 2008.	40738

The amendment of section 5112.37 of the Revised Code takes	40739
effect July 1, 2008.	40740

Except as otherwise provided in this paragraph, the amendment	40741
of section 5112.31 of the Revised Code takes effect July 1, 2008.	40742
The amendment striking ", except as adjusted under section	40743
5112.311 of the Revised Code," takes effect immediately when this	40744
act becomes law.	40745

The repeal of section 5739.213 of the Revised Code takes	40746
effect July 1, 2008.	40747

Sections 203.50, 209.10, 223.10, and 315.10 of Am. Sub. H.B.	40748
67 of the 127th General Assembly, Section 201.10 of Am. Sub.	40749
H.B. 100 of the 127th General Assembly, Sections 207.20.50,	40750
207.20.70, 207.30.10, 207.30.20, 207.30.30, 219.10, 235.10,	40751
249.10, 261.10, 263.10, 263.20.10, 263.20.80, 263.30.10,	40752
269.30.30, 269.30.70, 269.40.50, 269.50.30, 275.10, 293.10,	40753
299.10, 307.10, 309.10, 309.30.13, 309.30.30, 309.30.40,	40754
309.30.41, 309.30.42, 309.40.33, 337.30, 337.30.43, 337.40,	40755
337.40.15, 369.10, 375.10, 375.80.10, 379.10, 393.10, 405.10,	40756
407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119 of the	40757
127th General Assembly, and Section 101.10 of H.B. 496 of the	40758
127th General Assembly, all as amended by this act.	40759

Sections 503.10, 503.20, 503.30, 503.40, 515.10, 515.20,	40760
515.21, 515.30, 515.40, 515.50, 515.60, 703.30, 707.20, 733.10,	40761
733.13, 733.14, 733.15, 733.20, 733.21, 733.40, 733.50, 751.10,	40762
751.20, 751.23, 751.30, 806.10, 812.20, 812.40, and 812.50 of	40763
this act.	40764

Section 812.30. The amendment, enactment, or repeal by this	40765
act of the following sections provides for or is essential to	40766
implementation of a tax levy, is exempt from the referendum under	40767
Ohio Constitution, Article II, Section 1d, and takes effect on the	40768
date specified below for the amendment, enactment, or repeal or,	40769
if a date is not specified below for the amendment, enactment, or	40770
repeal, immediately when this act becomes law.	40771

Sections 1346.03, 2921.13, and 5739.02 of the Revised Code.

40772

Sections 743.10, 803.06, and 812.30 of this act.

40773

Section 812.40. The amendment by this act of the sections of	40774
law that are listed in the left-hand column of the following table	40775
combine amendments that are and are not exempt from the referendum	40776
under Ohio Constitution, Article II, Sections 1c and 1d and	40777
section 1.471 of the Revised Code.	40778

The middle column identifies the amendments that are subject	40779
to the referendum under Ohio Constitution, Article II, Section 1c	40780
and section 1.471 of the Revised Code and take effect on the	40781
ninety-first day after this act is filed with the Secretary of	40782
State.	40783

The right-hand column identifies the amendments that are	40784
exempt from the referendum under Ohio Constitution, Article II,	40785
Section 1d and section 1.471 of the Revised Code and take effect	40786
immediately when this act becomes law.	40787

Section of law		Amendments subject to referendum		Amendments exempt from referendum		40788
3317.023		Division (P)		Divisions (A) and (O)		40789

Section 812.50. The amendments by this act of divisions	40790
(E)(1), (E)(3), and (E)(4) of section 5721.37 of the Revised Code	40791
and of division (A) of that section as the amendments pertain to	40792
the extension from three to six years of the time limit within	40793
which a holder of a tax certificate purchased at public auction	40794
may institute a foreclosure action are exempt from the referendum	40795
under Ohio Constitution, Article II, Section 1d and section 1.471	40796
of the Revised Code, and take effect immediately when this act	40797
becomes law.	40798

Section 815.10. Section 109.71 of the Revised Code is	40799
presented in this act as a composite of the section as amended by	40800
both Sub. H.B. 347 and Sub. H.B. 454 of the 126th General	40801
Assembly. Section 2935.01 of the Revised Code is presented in	40802
this act as a composite of the section as amended by both Sub.	40803
H.B. 545 and H.B. 675 of the 124th General Assembly. Section	40804
4301.421 of the Revised Code is presented in this act as a	40805
composite of the section as amended by both Sub. H.B. 239 and	40806
Am. Sub. S.B. 188 of the 121st General Assembly. The General	40807
Assembly, applying the principle stated in division (B) of	40808
section 1.52 of the Revised Code that amendments are to be	40809
harmonized if reasonably capable of simultaneous operation, finds	40810
that the composites are the resulting versions of the sections in	40811
effect prior to the effective date of the sections as presented in	40812
this act.	40813

Section 815.20. The amendment by this act of section 3501.19	40814
of the Revised Code does not supersede the earlier repeal, with	40815
delayed effective date, of that section.	40816