Am. Sub. H. B. No. 562 As Passed by the House

As Passed by the House

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.

A BILL

To amend sections 9.835, 105.41, 109.71, 113.061,

113.40, 117.13, 117.38, 120.08, 122.171,

124.152, 125.021, 125.04, 125.09, 125.18, 125.25,

133.08, 135.61, 135.63, 135.65, 135.66, 145.47,

149.30, 156.02, 165.01, 165.03, 303.12, 303.211,

307.697, 319.301, 321.261, 340.02, 340.021,

351.26, 519.12, 519.211, 715.73, 715.74, 901.42,

1332.04, 1346.03, 1561.011, 1561.16, 1561.17,

1561.23, 1561.25, 1561.26, 1565.15, 2743.49,

2921.13, 2935.01, 2935.03, 2949.092, 3119.023,

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,

3323.30, 3323.31, 3323.32, 3323.33, 3333.04,

3333.044, 3333.122, 3335.05, 3341.03, 3343.08,

3344.02, 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, 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, 3905.40, 3961.04,

4117.01, 4117.09, 4117.14, 4117.15, 4123.26,

4123.32, 4123.37, 4123.54, 4131.03, 4301.355,

4301.421, 4301.424, 4301.432, 4301.47, 4301.62,

4303.03, 4303.071, 4303.181, 4303.182, 4303.232,

4303.233, 4303.30, 4303.33, 4303.333, 4399.12,

4510.10, 4511.01, 4511.181, 4511.191, 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, 4928.142, 5101.5211, 5101.5212,

5101.5213, 5101.5214, 5101.5215, 5101.572,

5101.80, 5111.032, 5111.091, 5111.31, 5111.941,

5112.31, 5112.37, 5123.0412, 5123.196, 5123.36,

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, 5727.85, 5739.01, 5739.02,

5739.029, 5739.12, 5739.122, 5739.124, 5739.21,

5741.04, 5741.12, 5741.121, 5741.122, 5743.021,

5743.024, 5743.321, 5743.323, 5745.05, 5747.01,

5747.02, 5748.022, 5751.20, 5751.21, 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 133.52,

135.101, 135.102, 135.103, 135.104, 135.105,

135.106, 353.01, 353.02, 353.03, 353.04, 353.05,

353.06, 353.061, 353.062, 353.063, 1561.24,

1561.261, 1567.64, 1567.681, 2949.094, 3310.42,

3314.37, 3314.40, 3318.033, 3318.034, 3323.36,

3326.45, 3333.84, 3365.15, 3925.101, 4301.404,

4301.441, 4735.142, 4905.84, 5111.0210, 5111.874,

5111.875, 5111.876, 5111.877, 5111.878,

5111.879, 5112.371, 5501.09, 5502.68, 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

315.10 and 555.19 of Am. Sub. H.B. 67 of the 127th

General Assembly, to amend Sections 203.10 and

203.50 of Am. Sub. H.B. 67 of the 127th General

Assembly, as subsequently amended, to amend

Sections 201.10 and 512.70 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, 235.10, 261.10, 263.10, 263.20.10,

263.30.10, 269.30.30, 269.30.70, 269.40.50,

269.50.30, 275.10, 293.10, 299.10, 309.10,

309.30.13, 309.30.30, 309.30.40, 309.30.41,

309.30.42, 309.40.33, 337.30, 337.30.43, 337.40,

337.40.15, 369.10, 375.10, 379.10, 393.10,

405.10, 407.10, 512.03, 512.35, and 518.03 of Am.

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

amend Sections 101.10, 103.80.50, 201.30,

201.50, 301.20.20, 301.20.80, 401.11, and

401.71 of H.B. 496 of the 127th General

Assembly; to repeal Section 5 of Am. Sub. H.B.

24 of the 127th General Assembly and to repeal

Section 375.80.10 of Am. Sub. H.B. 119 of the

127th General Assembly to make capital and

other appropriations and to provide

authorization and conditions for the operation of

state programs.

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

Section 101.01. That sections 9.835, 105.41, 109.71, 113.061,	99
113.40, 117.13, 117.38, 120.08, 122.171, 124.152, 125.021,	100
125.04, 125.09, 125.18, 125.25, 133.08, 135.61, 135.63, 135.65,	101
135.66, 145.47, 149.30, 156.02, 165.01, 165.03, 303.12, 303.211,	102
307.697, 319.301, 321.261, 340.02, 340.021, 351.26, 519.12,	103
519.211, 715.73, 715.74, 901.42, 1332.04, 1346.03, 1561.011,	104
1561.16, 1561.17, 1561.23, 1561.25, 1561.26, 1565.15, 2743.49,	105
2921.13, 2935.01, 2935.03, 2949.092, 3119.023, 3301.0714,	106
3311.21, 3311.24, 3313.842, 3313.978, 3314.016, 3314.02, 3314.03,	107
3314.05, 3316.03, 3316.041, 3316.06, 3316.08, 3317.023, 3317.11,	108
3317.20, 3318.01, 3318.03, 3318.032, 3318.04, 3323.30, 3323.31,	109
3323.32, 3323.33, 3333.04, 3333.044, 3333.122, 3335.05, 3341.03,	110
3343.08, 3344.02, 3352.02, 3353.02, 3353.20, 3353.21, 3353.22,	111
3353.26, 3353.27, 3353.28, 3353.29, 3354.16, 3355.12, 3356.02,	112
3357.16, 3359.02, 3361.02, 3364.02, 3702.71, 3702.72, 3702.73,	113
3702.74, 3702.75, 3702.78, 3702.79, 3702.81, 3702.85, 3702.86,	114
3702.91, 3702.93, 3702.95, 3703.01, 3734.821, 3735.67, 3905.40,	115
3961.04, 4117.01, 4117.09, 4117.14, 4117.15, 4123.26, 4123.32,	116
4123.37, 4123.54, 4131.03, 4301.355, 4301.421, 4301.424, 4301.432,	117
4301.47, 4301.62, 4303.03, 4303.071, 4303.181, 4303.182,	118
4303.232, 4303.233, 4303.30, 4303.33, 4303.333, 4399.12, 4510.10,	119
4511.01, 4511.181, 4511.191, 4735.01, 4735.02, 4735.10, 4735.13,	120
4735.14, 4735.141, 4752.04, 4752.05, 4752.06, 4752.07, 4752.11,	121
4752.12, 4752.13, 4928.142, 5101.5211, 5101.5212, 5101.5213,	122
5101.5214, 5101.5215, 5101.572, 5101.80, 5111.032, 5111.091,	123
5111.31, 5111.941, 5112.31, 5112.37, 5123.0412, 5123.196,	124
5123.36, 5525.01, 5703.19, 5703.21, 5703.57, 5705.194, 5705.214,	125
5705.29, 5709.121, 5721.30, 5721.31, 5721.32, 5721.33, 5721.34,	126
5721.35, 5721.36, 5721.37, 5721.38, 5721.39, 5721.40, 5721.41,	127
5721.42, 5721.43, 5727.85, 5739.01, 5739.02, 5739.029, 5739.12,	128
5739.122, 5739.124, 5739.21, 5741.04, 5741.12, 5741.121,	129
5741.122, 5743.021, 5743.024, 5743.321, 5743.323, 5745.05,	130
5747.01, 5747.02, 5748.022, 5751.20, 5751.21, 6117.01, 6117.011,	131
6117.012, 6117.04, 6117.05, 6117.06, 6117.25, 6117.251, 6117.28,	132
6117.30, 6117.34, 6117.38, 6117.41, 6117.42, 6117.43, 6117.44,	133
6117.45, and 6117.49 be amended; sections 3323.31 (3323.33),	134
3323.32 (3323.34), 3323.33 (3323.35), 3353.20 (3333.81), 3353.21	135
(3333.82), 3353.22 (3333.83), 3353.26 (3333.85), 3353.27	136
(3333.86), 3353.28 (3333.87), and 3353.29 (3333.88) be amended	137
for the purposes of adopting new section numbers as indicated in	138
parentheses; and new sections 3323.31 and 3323.32 and sections	139
133.52, 135.101, 135.102, 135.103, 135.104, 135.105, 135.106,	140
353.01, 353.02, 353.03, 353.04, 353.05, 353.06, 353.061, 353.062,	141
353.063, 1561.24, 1561.261, 1567.64, 1567.681, 2949.094, 3310.42,	142
3314.37, 3314.40, 3318.033, 3318.034, 3323.36, 3326.45, 3333.84,	143
3365.15, 3925.101, 4301.404, 4301.441, 4735.142, 4905.84,	144
5111.0210, 5111.874, 5111.875, 5111.876, 5111.877, 5111.878,	145
5111.879, 5112.371, 5501.09, 5502.68, 5703.82, 5705.199, 5721.371,	146
5721.381, 5747.082, 5749.17, 6121.045, and 6123.042 of the	147
Revised Code be enacted to read as follows:	148

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

149

(1) "Energy price risk management contract" means a contract	150
that ~~mitigates~~is intended to mitigate, for the term of the	151
contract, the price volatility of energy sources, including, but	152
not limited to, a contract or futures contract for natural gas,	153
gasoline, oil, and diesel fuel, and that is a budgetary and	154
financial tool only and not a contract for the procurement of an	155
energy source.	156

(2) "Political subdivision" means a county, city, village,	157
township, park district, or school district, or regional transit	158
authority.	159

(3) "State entity" means the general assembly, the supreme	160
court, the court of claims, the office of an elected state	161
officer, or a department, bureau, board, office, commission,	162
agency, institution, or other instrumentality of this state	163
established by the constitution or laws of this state for the	164
exercise of any function of state government, but excludes a	165
political subdivision, an institution of higher education, the	166
public employees retirement system, the Ohio police and fire	167
pension fund, the state teachers retirement system, the school	168
employees retirement system, the state highway patrol retirement	169
system, or the city of Cincinnati retirement system.	170

(4) "State official" means the elected or appointed official,	171
or that person's designee, charged with the management of a state	172
entity.	173

(B) If it determines that doing so is in the best interest of	174
the state entity or the political subdivision, and subject to,	175
respectively, state or local appropriation to pay amounts due, a	176
state official or the legislative or other governing authority of	177
a political subdivision may enter into an energy price risk	178
management contract. Money received pursuant to such a contract	179
entered into by a state official shall be deposited to the	180
credit of the general revenue fund of this state, and, unless	181
otherwise provided by ordinance or resolution enacted or adopted	182
by the legislative authority of the political subdivision	183
authorizing any such contract, money received under the contract	184
shall be deposited to the credit of the general fund of the	185
political subdivision.	186

(C) An energy price risk management contract is not an	187
investment for the purposes of section 135.14 of the Revised Code.	188

Sec. 105.41. (A) There is hereby created the capitol square	189
review and advisory board, consisting of thirteen members as	190
follows:	191

(1) Two members of the senate, appointed by the president of	192
the senate, both of whom shall not be members of the same	193
political party;	194

(2) Two members of the house of representatives, appointed by	195
the speaker of the house of representatives, both of whom shall	196
not be members of the same political party;	197

(3) Five members appointed by the governor, with the advice	198
and consent of the senate, not more than three of whom shall be	199
members of the same political party, one of whom shall represent	200
the office of the state architect and engineer, one of whom shall	201
represent the Ohio arts council, one of whom shall represent the	202
Ohio historical society, one of whom shall represent the Ohio	203
building authority, and one of whom shall represent the public at	204
large;	205

(4) One member, who shall be a former president of the	206
senate, appointed by the current president of the senate. If the	207
current president of the senate, in the current president's	208
discretion, decides for any reason not to make the appointment or	209
if no person is eligible or available to serve, the seat shall	210
remain vacant.	211

(5) One member, who shall be a former speaker of the house of	212
representatives, appointed by the current speaker of the house of	213
representatives. If the current speaker of the house of	214
representatives, in the current speaker's discretion, decides for	215
any reason not to make the appointment or if no person is eligible	216
or available to serve, the seat shall remain vacant.	217

(6) The clerk of the senate and the clerk of the house of	218
representatives.	219

(B) Terms of office of each appointed member of the board	220
shall be for three years, except that members of the general	221
assembly appointed to the board shall be members of the board only	222
so long as they are members of the general assembly. Each member	223
shall hold office from the date of the member's appointment until	224
the end of the term for which the member was appointed. In case of	225
a vacancy occurring on the board, the president of the senate, the	226
speaker of the house of representatives, or the governor, as the	227
case may be, shall in the same manner prescribed for the regular	228
appointment to the commission, fill the vacancy by appointing a	229
member. Any member appointed to fill a vacancy occurring prior to	230
the expiration of the term for which the member's predecessor was	231
appointed shall hold office for the remainder of the term. Any	232
appointed member shall continue in office subsequent to the	233
expiration date of the member's term until the member's successor	234
takes office, or until a period of sixty days has elapsed,	235
whichever occurs first.	236

(C) The board shall hold meetings in a manner and at times	237
prescribed by the rules adopted by the board. A majority of the	238
board constitutes a quorum, and no action shall be taken by the	239
board unless approved by at least six members or by at least seven	240
members if a person is appointed under division (A)(4) or (5) of	241
this section. At its first meeting, the board shall adopt rules	242
for the conduct of its business and the election of its officers,	243
and shall organize by selecting a chairperson and other officers	244
as it considers necessary. Board members shall serve without	245
compensation but shall be reimbursed for actual and necessary	246
expenses incurred in the performance of their duties.	247

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

248

(1) Employ or hire on a consulting basis professional,	249
technical, and clerical employees as are necessary for the	250
performance of its duties;	251

(2) Hold public hearings at times and places as determined by	252
the board;	253

(3) Adopt, amend, or rescind rules necessary to accomplish	254
the duties of the board as set forth in this section;	255

(4) Sponsor, conduct, and support such social events as the	256
board may authorize and consider appropriate for the employees of	257
the board, employees and members of the general assembly,	258
employees of persons under contract with the board or otherwise	259
engaged to perform services on the premises of capitol square, or	260
other persons as the board may consider appropriate. Subject to	261
the requirements of Chapter 4303. of the Revised Code, the board	262
may provide beer, wine, and intoxicating liquor, with or without	263
charge, for those events and may use funds only from the sale of	264
goods and services fund to purchase the beer, wine, and	265
intoxicating liquor the board provides.	266

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

267

(1) Have sole authority to coordinate and approve any	268
improvements, additions, and renovations that are made to the	269
capitol square. The improvements shall include, but not be limited	270
to, the placement of monuments and sculpture on the capitol	271
grounds.	272

(2) Subject to section 3353.07 of the Revised Code, operate	273
the capitol square, and have sole authority to regulate all uses	274
of the capitol square. The uses shall include, but not be limited	275
to, the casual and recreational use of the capitol square.	276

(3) Employ, fix the compensation of, and prescribe the duties	277
of the executive director of the board and other employees the	278
board considers necessary for the performance of its powers and	279
duties;	280

(4) Establish and maintain the capitol collection trust. The	281
capitol collection trust shall consist of furniture, antiques, and	282
other items of personal property that the board shall store in	283
suitable facilities until they are ready to be placed in the	284
capitol square.	285

(5) Perform repair, construction, contracting, purchasing,	286
maintenance, supervisory, and operating activities the board	287
determines are necessary for the operation and maintenance of the	288
capitol square;	289

(6) Maintain and preserve the capitol square, in accordance	290
with guidelines issued by the United States secretary of the	291
interior for application of the secretary's standards for	292
rehabilitation adopted in 36 C.F.R. part 67;	293

(7) Plan and develop a center at the capitol building for the	294
purpose of educating visitors about the history of Ohio, including	295
its political, economic, and social development and the design and	296
erection of the capitol building and its grounds.	297

(F)(1) The board shall lease capital facilities improved or	298
financed by the Ohio building authority pursuant to Chapter 152.	299
of the Revised Code for the use of the board, and may enter into	300
any other agreements with the authority ancillary to improvement,	301
financing, or leasing of those capital facilities, including, but	302
not limited to, any agreement required by the applicable bond	303
proceedings authorized by Chapter 152. of the Revised Code. Any	304
lease of capital facilities authorized by this section shall be	305
governed by division (D) of section 152.24 of the Revised Code.	306

(2) Fees, receipts, and revenues received by the board from	307
the state underground parking garage constitute available receipts	308
as defined in section 152.09 of the Revised Code, and may be	309
pledged to the payment of bond service charges on obligations	310
issued by the Ohio building authority pursuant to Chapter 152. of	311
the Revised Code to improve or finance capital facilities useful	312
to the board. The authority may, with the consent of the board,	313
provide in the bond proceedings for a pledge of all or a portion	314
of those fees, receipts, and revenues as the authority determines.	315
The authority may provide in the bond proceedings or by separate	316
agreement with the board for the transfer of those fees, receipts,	317
and revenues to the appropriate bond service fund or bond service	318
reserve fund as required to pay the bond service charges when due,	319
and any such provision for the transfer of those fees, receipts,	320
and revenues shall be controlling notwithstanding any other	321
provision of law pertaining to those fees, receipts, and revenues.	322

(3) All moneys received by the treasurer of state on account	323
of the board and required by the applicable bond proceedings or by	324
separate agreement with the board to be deposited, transferred, or	325
credited to the bond service fund or bond service reserve fund	326
established by the bond proceedings shall be transferred by the	327
treasurer of state to such fund, whether or not it is in the	328
custody of the treasurer of state, without necessity for further	329
appropriation, upon receipt of notice from the Ohio building	330
authority as prescribed in the bond proceedings.	331

(G) All fees, receipts, and revenues received by the board	332
from the state underground parking garage shall be deposited into	333
the state treasury to the credit of the underground parking garage	334
operating fund, which is hereby created, to be used for the	335
purposes specified in division (F) of this section and for the	336
operation and maintenance of the garage. All investment earnings	337
of the fund shall be credited to the fund.	338

(H) All donations received by the board shall be deposited	339
into the state treasury to the credit of the capitol square	340
renovation gift fund, which is hereby created. The fund shall be	341
used by the board as follows:	342

(1) To provide part or all of the funding related to	343
construction, goods, or services for the renovation of the capitol	344
square;	345

(2) To purchase art, antiques, and artifacts for display at	346
the capitol square;	347

(3) To award contracts or make grants to organizations for	348
educating the public regarding the historical background and	349
governmental functions of the capitol square. Chapters 125., 127.,	350
and 153. and section 3517.13 of the Revised Code do not apply to	351
purchases made exclusively from the fund, notwithstanding anything	352
to the contrary in those chapters or that section. All investment	353
earnings of the fund shall be credited to the fund.	354

(I) Except as provided in divisions (G), (H), and (J) of this	355
section, all fees, receipts, and revenues received by the board	356
shall be deposited into the state treasury to the credit of the	357
sale of goods and services fund, which is hereby created. Money	358
credited to the fund shall be used solely to pay costs of the	359
board other than those specified in divisions (F) and (G) of this	360
section. All investment earnings of the fund shall be credited to	361
the fund.	362

(J) There is hereby created in the state treasury the capitol	363
square improvement fund, to be used by the board to pay	364
construction, renovation, and other costs related to the capitol	365
square for which money is not otherwise available to the board.	366
Whenever the board determines that there is a need to incur those	367
costs and that the unencumbered, unobligated balance to the credit	368
of the underground parking garage operating fund exceeds the	369
amount needed for the purposes specified in division (F) of this	370
section and for the operation and maintenance of the garage, the	371
board may request the director of budget and management to	372
transfer from the underground parking garage operating fund to the	373
capitol square improvement fund the amount needed to pay such	374
construction, renovation, or other costs. The director then shall	375
transfer the amount needed from the excess balance of the	376
underground parking garage operating fund.	377

(K) As the operation and maintenance of the capitol square	378
constitute essential government functions of a public purpose, the	379
board shall not be required to pay taxes or assessments upon the	380
square, upon any property acquired or used by the board under this	381
section, or upon any income generated by the operation of the	382
square.	383

(L) As used in this section, "capitol square" means the	384
capitol building, senate building, capitol atrium, capitol	385
grounds, and the state underground parking garage.	386

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

387

Sec. 109.71. There is hereby created in the office of the	388
attorney general the Ohio peace officer training commission. The	389
commission shall consist of nine members appointed by the governor	390
with the advice and consent of the senate and selected as follows:	391
one member representing the public; two members who are incumbent	392
sheriffs; two members who are incumbent chiefs of police; one	393
member from the bureau of criminal identification and	394
investigation; one member from the state highway patrol; one	395
member who is the special agent in charge of a field office of the	396
federal bureau of investigation in this state; and one member from	397
the department of education, trade and industrial education	398
services, law enforcement training.	399

This section does not confer any arrest authority or any	400
ability or authority to detain a person, write or issue any	401
citation, or provide any disposition alternative, as granted under	402
Chapter 2935. of the Revised Code.	403

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

404

(A) "Peace officer" means:

405

(1) A deputy sheriff, marshal, deputy marshal, member of the	406
organized police department of a township or municipal	407
corporation, member of a township police district or joint	408
township police district police force, member of a police force	409
employed by a metropolitan housing authority under division (D) of	410
section 3735.31 of the Revised Code, or township constable, who is	411
commissioned and employed as a peace officer by a political	412
subdivision of this state or by a metropolitan housing authority,	413
and whose primary duties are to preserve the peace, to protect	414
life and property, and to enforce the laws of this state,	415
ordinances of a municipal corporation, resolutions of a township,	416
or regulations of a board of county commissioners or board of	417
township trustees, or any of those laws, ordinances, resolutions,	418
or regulations;	419

(2) A police officer who is employed by a railroad company	420
and appointed and commissioned by the secretary of state pursuant	421
to sections 4973.17 to 4973.22 of the Revised Code;	422

(3) Employees of the department of taxation engaged in the	423
enforcement of Chapter 5743. of the Revised Code and designated by	424
the tax commissioner for peace officer training for purposes of	425
the delegation of investigation powers under section 5743.45 of	426
the Revised Code;	427

(4) An undercover drug agent;

428

(5) Enforcement agents of the department of public safety	429
whom the director of public safety designates under section	430
5502.14 of the Revised Code;	431

(6) An employee of the department of natural resources who is	432
a natural resources law enforcement staff officer designated	433
pursuant to section 1501.013, a park officer designated pursuant	434
to section 1541.10, a forest officer designated pursuant to	435
section 1503.29, a preserve officer designated pursuant to section	436
1517.10, a wildlife officer designated pursuant to section	437
1531.13, or a state watercraft officer designated pursuant to	438
section 1547.521 of the Revised Code;	439

(7) An employee of a park district who is designated pursuant	440
to section 511.232 or 1545.13 of the Revised Code;	441

(8) An employee of a conservancy district who is designated	442
pursuant to section 6101.75 of the Revised Code;	443

(9) A police officer who is employed by a hospital that	444
employs and maintains its own proprietary police department or	445
security department, and who is appointed and commissioned by the	446
secretary of state pursuant to sections 4973.17 to 4973.22 of the	447
Revised Code;	448

(10) Veterans' homes police officers designated under section	449
5907.02 of the Revised Code;	450

(11) A police officer who is employed by a qualified	451
nonprofit corporation police department pursuant to section	452
1702.80 of the Revised Code;	453

(12) A state university law enforcement officer appointed	454
under section 3345.04 of the Revised Code or a person serving as a	455
state university law enforcement officer on a permanent basis on	456
June 19, 1978, who has been awarded a certificate by the executive	457
director of the Ohio peace officer training commission attesting	458
to the person's satisfactory completion of an approved state,	459
county, municipal, or department of natural resources peace	460
officer basic training program;	461

(13) A special police officer employed by the department of	462
mental health pursuant to section 5119.14 of the Revised Code or	463
the department of mental retardation and developmental	464
disabilities pursuant to section 5123.13 of the Revised Code;	465

(14) A member of a campus police department appointed under	466
section 1713.50 of the Revised Code;	467

(15) A member of a police force employed by a regional	468
transit authority under division (Y) of section 306.35 of the	469
Revised Code;	470

(16) Investigators appointed by the auditor of state pursuant	471
to section 117.091 of the Revised Code and engaged in the	472
enforcement of Chapter 117. of the Revised Code;	473

(17) A special police officer designated by the	474
superintendent of the state highway patrol pursuant to section	475
5503.09 of the Revised Code or a person who was serving as a	476
special police officer pursuant to that section on a permanent	477
basis on October 21, 1997, and who has been awarded a certificate	478
by the executive director of the Ohio peace officer training	479
commission attesting to the person's satisfactory completion of an	480
approved state, county, municipal, or department of natural	481
resources peace officer basic training program;	482

(18) A special police officer employed by a port authority	483
under section 4582.04 or 4582.28 of the Revised Code or a person	484
serving as a special police officer employed by a port authority	485
on a permanent basis on May 17, 2000, who has been awarded a	486
certificate by the executive director of the Ohio peace officer	487
training commission attesting to the person's satisfactory	488
completion of an approved state, county, municipal, or department	489
of natural resources peace officer basic training program;	490

(19) A special police officer employed by a municipal	491
corporation who has been awarded a certificate by the executive	492
director of the Ohio peace officer training commission for	493
satisfactory completion of an approved peace officer basic	494
training program and who is employed on a permanent basis on or	495
after March 19, 2003, at a municipal airport, or other municipal	496
air navigation facility, that has scheduled operations, as defined	497
in section 119.3 of Title 14 of the Code of Federal Regulations,	498
14 C.F.R. 119.3, as amended, and that is required to be under a	499
security program and is governed by aviation security rules of the	500
transportation security administration of the United States	501
department of transportation as provided in Parts 1542. and 1544.	502
of Title 49 of the Code of Federal Regulations, as amended;	503

(20) A police officer who is employed by an owner or operator	504
of an amusement park that has an average yearly attendance in	505
excess of six hundred thousand guests and that employs and	506
maintains its own proprietary police department or security	507
department, and who is appointed and commissioned by a judge of	508
the appropriate municipal court or county court pursuant to	509
section 4973.17 of the Revised Code;	510

(21) A police officer who is employed by a bank, savings and	511
loan association, savings bank, credit union, or association of	512
banks, savings and loan associations, savings banks, or credit	513
unions, who has been appointed and commissioned by the secretary	514
of state pursuant to sections 4973.17 to 4973.22 of the Revised	515
Code, and who has been awarded a certificate by the executive	516
director of the Ohio peace officer training commission attesting	517
to the person's satisfactory completion of a state, county,	518
municipal, or department of natural resources peace officer basic	519
training program;	520

(22) An investigator, as defined in section 109.541 of the	521
Revised Code, of the bureau of criminal identification and	522
investigation who is commissioned by the superintendent of the	523
bureau as a special agent for the purpose of assisting law	524
enforcement officers or providing emergency assistance to peace	525
officers pursuant to authority granted under that section;	526

(23) A state fire marshal law enforcement officer appointed	527
under section 3737.22 of the Revised Code or a person serving as a	528
state fire marshal law enforcement officer on a permanent basis on	529
or after July 1, 1982, who has been awarded a certificate by the	530
executive director of the Ohio peace officer training commission	531
attesting to the person's satisfactory completion of an approved	532
state, county, municipal, or department of natural resources peace	533
officer basic training program.	534

(B) "Undercover drug agent" has the same meaning as in	535
division (B)(2) of section 109.79 of the Revised Code.	536

(C) "Crisis intervention training" means training in the use	537
of interpersonal and communication skills to most effectively and	538
sensitively interview victims of rape.	539

(D) "Missing children" has the same meaning as in section	540
2901.30 of the Revised Code.	541

Sec. 113.061. The treasurer of state shall adopt rules in	542
accordance with Chapter 119. of the Revised Code governing the	543
remittance of taxes by electronic funds transfer as required under	544
sections 5727.311, 5727.83, 5733.022, 5735.062, 5739.032,	545
~~5739.122, 5741.121,~~ 5745.04, and 5747.072 of the Revised Code and	546
any other section of the Revised Code under which a person is	547
required to remit taxes by electronic funds transfer. The rules	548
shall govern the modes of electronic funds transfer acceptable to	549
the treasurer of state and under what circumstances each mode is	550
acceptable, the content and format of electronic funds transfers,	551
the coordination of payment by electronic funds transfer and	552
filing of associated tax reports and returns, the remittance of	553
taxes by means other than electronic funds transfer by persons	554
otherwise required to do so but relieved of the requirement by the	555
treasurer of state, and any other matter that in the opinion of	556
the treasurer of state facilitates payment by electronic funds	557
transfer in a manner consistent with those sections.	558

Upon failure by a person, if so required, to remit taxes by	559
electronic funds transfer in the manner prescribed under section	560
5727.83, 5733.022, 5735.062, 5739.032, ~~5739.122, 5741.121,~~	561
5745.04, or 5747.072 of the Revised Code and rules adopted under	562
this section, the treasurer of state shall notify the tax	563
commissioner of such failure if the treasurer of state determines	564
that such failure was not due to reasonable cause or was due to	565
willful neglect, and shall provide the tax commissioner with any	566
information used in making that determination. The tax	567
commissioner may assess an additional charge as specified in the	568
respective section of the Revised Code governing the requirement	569
to remit taxes by electronic funds transfer.	570

The treasurer of state may implement means of acknowledging,	571
upon the request of a taxpayer, receipt of tax remittances made by	572
electronic funds transfer, and may adopt rules governing	573
acknowledgments. The cost of acknowledging receipt of electronic	574
remittances shall be paid by the person requesting acknowledgment.	575

The treasurer of state, not the tax commissioner, is	576
responsible for resolving any problems involving electronic funds	577
transfer transmissions.	578

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

579

(1) "Financial transaction device" includes a credit card,	580
debit card, charge card, prepaid or stored value card, or	581
automated clearinghouse network credit, debit, or e-check entry	582
that includes, but is not limited to, accounts receivable and	583
internet-initiated, point of purchase, and telephone-initiated	584
applications, or any other device or method for making an	585
electronic payment or transfer of funds.	586

(2) "State expenses" includes fees, costs, taxes,	587
assessments, fines, penalties, payments, or any other expense a	588
person owes to a state office under the authority of a state	589
elected official or to a state entity.	590

(3) "State elected official" means the governor, lieutenant	591
governor, attorney general, secretary of state, treasurer of	592
state, and auditor of state.	593

(4) "State entity" includes any state department, agency,	594
board, or commission that deposits funds into the state treasury.	595

(B) Notwithstanding any other section of the Revised Code and	596
subject to division (D) of this section, the board of deposit may	597
adopt a resolution authorizing the acceptance of payments by	598
financial transaction device to pay for state expenses. The	599
resolution shall include all of the following:	600

(1) A designation of those state elected officials and state	601
entities authorized to accept payments by financial transaction	602
device;	603

(2) A list of state expenses that may be paid by the use of a	604
financial transaction device;	605

(3) Specific identification of financial transaction devices	606
that a state elected official or state entity may authorize as	607
acceptable means of payment for state expenses. Division (B)(3)	608
of this section does not require that the same financial	609
transaction devices be accepted for the payment of different types	610
of state expenses.	611

(4) The amount, if any, authorized as a surcharge or	612
convenience fee under division (E) of this section for persons	613
using a financial transaction device. Division (B)(4) of this	614
section does not require that the same surcharges or convenience	615
fees be applied to the payment of different types of state	616
expenses.	617

(5) A specific requirement, as provided in division (G) of	618
this section, for the payment of a penalty if a payment made by	619
means of a financial transaction device is returned or dishonored	620
for any reason.	621

The board of deposit's resolution also shall designate the	622
treasurer of state as the administrative agent to solicit	623
proposals, within guidelines established by the board of deposit	624
in the resolution and in compliance with the procedures provided	625
in division (C) of this section, from financial institutions,	626
issuers of financial transaction devices, and processors of	627
financial transaction devices; to make recommendations about those	628
proposals to the state elected officials; and to assist state	629
offices in implementing the state's financial transaction device	630
acceptance and processing program.	631

(C) The administrative agent shall follow the procedures	632
provided in this division whenever it plans to contract with	633
financial institutions, issuers of financial transaction devices,	634
or processors of financial transaction devices for the purposes of	635
this section. The administrative agent shall request proposals	636
from at least three financial institutions, issuers of financial	637
transaction devices, or processors of financial transaction	638
devices, as appropriate in accordance with the resolution adopted	639
under division (B) of this section. Prior to sending any	640
financial institution, issuer, or processor a copy of any such	641
request, the administrative agent shall advertise its intent to	642
request proposals in a newspaper of general circulation in the	643
state once a week for two consecutive weeks. The notice shall	644
state that the administrative agent intends to request proposals;	645
specify the purpose of the request; indicate the date, which shall	646
be at least ten days after the second publication, on which the	647
request for proposals will be mailed to financial institutions,	648
issuers, or processors; and require that any financial	649
institution, issuer, or processor, whichever is appropriate,	650
interested in receiving the request for proposals submit written	651
notice of this interest to the administrative agent not later than	652
noon of the day on which the request for proposals will be mailed.	653

Upon receiving the proposals, the administrative agent shall	654
review them and make a recommendation to the board of deposit	655
regarding which proposals to accept. The board of deposit shall	656
consider the agent's recommendation and review all proposals	657
submitted, and then may choose to contract with any or all of the	658
entities submitting proposals, as appropriate. The board of	659
deposit shall provide any financial institution, issuer, or	660
processor that submitted a proposal, but with which the board does	661
not enter into a contract, notice that its proposal is rejected.	662

(D) The board of deposit shall send a copy of the resolution	663
adopted under division (B) of this section to each state elected	664
official and state entity authorized to accept payments for state	665
expenses by financial transaction device. After receiving the	666
resolution and before accepting such payments by financial	667
transaction device, such a state elected official or state entity	668
shall provide written notification to the administrative agent of	669
the official's or entity's intent to implement the resolution	670
within the official's or entity's office. Each state office or	671
entity subject to the board's resolution adopted under division	672
(B) of this section shall use only the financial institutions,	673
issuers of financial transaction devices, and processors of	674
financial transaction devices with which the board of deposit	675
contracts, and each such office or entity is subject to the terms	676
of those contracts.	677

If a state entity under the authority of a state elected	678
official is directly responsible for collecting one or more state	679
expenses and the state elected official determines not to accept	680
payments by financial transaction device for one or more of those	681
expenses, the office is not required to accept payments by	682
financial transaction device for those expenses, notwithstanding	683
the adoption of a resolution by the board of deposit under	684
division (B) of this section.	685

Any state entity that prior to March 18, 1999, accepted	686
financial transaction devices may continue to accept such devices	687
until June 30, 2000, without being subject to any resolution	688
adopted by the board of deposit under division (B) of this	689
section, or any other oversight by the board of the entity's	690
financial transaction device program. Any such entity may use	691
surcharges or convenience fees in any manner the state elected	692
official or other official in charge of the entity determines to	693
be appropriate, and, if the administrative agent consents, may	694
appoint the administrative agent to be the entity's administrative	695
agent for purposes of accepting financial transaction devices. In	696
order to be exempt from the resolution of the board of deposit	697
under division (B) of this section, a state entity shall notify	698
the board in writing within thirty days after March 18, 1999, that	699
it accepted financial transaction devices prior to March 18, 1999.	700
Each such notification shall explain how processing costs	701
associated with financial transaction devices are being paid and	702
shall indicate whether surcharge or convenience fees are being	703
passed on to consumers.	704

(E) The board of deposit may establish a surcharge or	705
convenience fee that may be imposed upon a person making payment	706
by a financial transaction device. The surcharge or convenience	707
fee shall not be imposed unless authorized or otherwise permitted	708
by the rules prescribed under a contract, between the financial	709
institution, issuer, or processor and the administrative agent,	710
governing the use and acceptance of the financial transaction	711
device.	712

The establishment of a surcharge or convenience fee shall	713
follow the guidelines of the financial institution, issuer of	714
financial transaction devices, or processor of financial	715
transaction devices with which the board of deposit contracts.	716

If a surcharge or convenience fee is imposed, every state	717
entity accepting payment by a financial transaction device,	718
regardless of whether that entity is subject to a resolution	719
adopted by the board of deposit, shall clearly post a notice in	720
the entity's office, and shall notify each person making a payment	721
by such a device, about the surcharge or fee. Notice to each	722
person making a payment shall be provided regardless of the medium	723
used to make the payment and in a manner appropriate to that	724
medium. Each notice shall include all of the following:	725

(1) A statement that there is a surcharge or convenience fee	726
for using a financial transaction device;	727

(2) The total amount of the charge or fee expressed in	728
dollars and cents for each transaction, or the rate of the charge	729
or fee expressed as a percentage of the total amount of the	730
transaction, whichever is applicable;	731

(3) A clear statement that the surcharge or convenience fee	732
is nonrefundable.	733

(F) If a person elects to make a payment by a financial	734
transaction device and a surcharge or convenience fee is imposed,	735
the payment of the surcharge or convenience fee is not refundable.	736

(G) If a person makes payment by a financial transaction	737
device and the payment is returned or dishonored for any reason,	738
the person is liable to the state for the state expense and any	739
reimbursable costs for collection, including banking charges,	740
legal fees, or other expenses incurred by the state in collecting	741
the returned or dishonored payment. The remedies and procedures	742
provided in this section are in addition to any other available	743
civil or criminal remedies provided by law.	744

(H) No person making any payment by a financial transaction	745
device to a state office shall be relieved from liability for the	746
underlying obligation, except to the extent that the state	747
realizes final payment of the underlying obligation in cash or its	748
equivalent. If final payment is not made by the financial	749
transaction device issuer or other guarantor of payment in the	750
transaction, the underlying obligation survives and the state	751
shall retain all remedies for enforcement that would have applied	752
if the transaction had not occurred.	753

(I) A state entity or employee who accepts a financial	754
transaction device payment in accordance with this section and any	755
applicable state or local policies or rules is immune from	756
personal liability for the final collection of such payments as	757
specified in section 9.87 of the Revised Code.	758

(J) The administrative agent, in cooperation with the office	759
of budget and management, may adopt, amend, and rescind rules in	760
accordance with section 111.15 of the Revised Code to implement	761
this section.	762

Sec. 117.13. (A) The costs of audits of state agencies shall	763
be recovered by the auditor of state in the following manner:	764

(1) The costs of all audits of state agencies shall be paid	765
to the auditor of state on statements rendered by the auditor of	766
state. Money so received by the auditor of state shall be paid	767
into the state treasury to the credit of the public audit expense	768
fund--intrastate, which is hereby created, and shall be used to	769
pay costs related to such audits. The costs of all annual and	770
special audits of a state agency shall be charged to the state	771
agency being audited. The costs of all biennial audits of a state	772
agency shall be paid from money appropriated to the department of	773
administrative services for that purpose. The costs of any	774
assistant auditor, employee, or expert employed pursuant to	775
section 117.09 of the Revised Code called upon to testify in any	776
legal proceedings in regard to any audit, or called upon to review	777
or discuss any matter related to any audit, may be charged to the	778
state agency to which the audit relates.	779

(2) The auditor of state shall establish by rule rates to be	780
charged to state agencies or to the department of administrative	781
services for recovering the costs of audits of state agencies.	782

(B) As used in this division, "government auditing standards"	783
means the government auditing standards published by the	784
comptroller general of the United States general accounting	785
office.	786

(1) Except as provided in divisions (B)(2) and (3) of this	787
section, any costs of an audit of a private institution,	788
association, board, or corporation receiving public money for its	789
use shall be charged to the public office providing the public	790
money in the same manner as costs of an audit of the public	791
office.	792

(2) If an audit of a private child placing agency or private	793
noncustodial agency receiving public money from a public children	794
services agency for providing child welfare or child protection	795
services sets forth that money has been illegally expended,	796
converted, misappropriated, or is unaccounted for, the costs of	797
the audit shall be charged to the agency being audited in the same	798
manner as costs of an audit of a public office, unless the	799
findings are inconsequential, as defined by government auditing	800
standards.	801

(3) If such an audit does not set forth that money has been	802
illegally expended, converted, misappropriated, or is unaccounted	803
for or sets forth findings that are inconsequential, as defined by	804
government auditing standards, the costs of the audit shall be	805
charged as follows:	806

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

807

(b) One-third of the costs to the public children services	808
agency that provided the public money to the agency being audited;	809

(c) One-third of the costs to the department of job and	810
family services.	811

(C) The costs of audits of local public offices shall be	812
recovered by the auditor of state in the following manner:	813

(1) The total amount of compensation paid assistant auditors	814
of state, their expenses, the cost of employees assigned to assist	815
the assistant auditors of state, the cost of experts employed	816
pursuant to section 117.09 of the Revised Code, and the cost of	817
typing, reviewing, and copying reports shall be borne by the	818
public office to which such assistant auditors of state are so	819
assigned, except that annual vacation and sick leave of assistant	820
auditors of state, employees, and typists shall be financed from	821
the general revenue fund. The necessary traveling and hotel	822
expenses of the deputy inspectors and supervisors of public	823
offices shall be paid from the state treasury. Assistant auditors	824
of state shall be compensated by the taxing district or other	825
public office audited for activities undertaken pursuant to	826
division (B) of section 117.18 and section 117.24 of the Revised	827
Code. The costs of any assistant auditor, employee, or expert	828
employed pursuant to section 117.09 of the Revised Code called	829
upon to testify in any legal proceedings in regard to any audit,	830
or called upon to review or discuss any matter related to any	831
audit, may be charged to the public office to which the audit	832
relates.	833

(2) The auditor of state shall certify the amount of such	834
compensation, expenses, cost of experts, reviewing, copying, and	835
typing to the fiscal officer of the local public office audited.	836
The fiscal officer of the local public office shall forthwith draw	837
a warrant upon the general fund or other appropriate funds of the	838
local public office to the order of the auditor of state;	839
provided, that the auditor of state is authorized to negotiate	840
with any local public office and, upon agreement between the	841
auditor of state and the local public office, may adopt a schedule	842
for payment of the amount due under this section. Money so	843
received by the auditor of state shall be paid into the state	844
treasury to the credit of the public audit expense fund--local	845
government, which is hereby created, and shall be used to pay the	846
compensation, expense, cost of experts and employees, reviewing,	847
copying, and typing of reports.	848

(3) At the conclusion of each audit, or analysis and report	849
made pursuant to section 117.24 of the Revised Code, the auditor	850
of state shall furnish the fiscal officer of the local public	851
office audited a statement showing the total cost of the audit, or	852
of the audit and the analysis and report, and the percentage of	853
the total cost chargeable to each fund audited. The fiscal officer	854
may distribute such total cost to each fund audited in accordance	855
with its percentage of the total cost.	856

(4) The auditor of state shall provide each local public	857
office a statement or certification of the amount due from the	858
public office for services performed by the auditor of state under	859
this or any other section of the Revised Code, as well as the date	860
upon which payment is due to the auditor of state. Any local	861
public office that does not pay the amount due to the auditor of	862
state by that date may be assessed by the auditor of state for	863
interest from the date upon which the payment is due at the rate	864
per annum prescribed by section 5703.47 of the Revised Code. All	865
interest charges assessed by the auditor of state may be collected	866
in the same manner as audit costs pursuant to division (D) of this	867
section.	868

(D) If the auditor of state fails to receive payment for any	869
amount due, including, but not limited to, fines, fees, and costs,	870
from a public office for services performed under this or any	871
other section of the Revised Code, the auditor of state may seek	872
payment through the office of budget and management. (Amounts due	873
include any amount due to an independent public accountant with	874
whom the auditor has contracted to perform services, all costs and	875
fees associated with participation in the uniform accounting	876
network, and all costs associated with the auditor's provision of	877
local government services.) Upon certification by the auditor of	878
state to the director of budget and management of any such amount	879
due, the director shall withhold from the public office any amount	880
available, up to and including the amount certified as due, from	881
any funds under the director's control that belong to or are	882
lawfully payable or due to the public office. The director shall	883
promptly pay the amount withheld to the auditor of state. If the	884
director determines that no funds due and payable to the public	885
office are available or that insufficient amounts of such funds	886
are available to cover the amount due, the director shall withhold	887
and pay to the auditor of state the amounts available and, in the	888
case of a local public office, certify the remaining amount to the	889
county auditor of the county in which the local public office is	890
located. The county auditor shall withhold from the local public	891
office any amount available, up to and including the amount	892
certified as due, from any funds under the county auditor's	893
control and belonging to or lawfully payable or due to the local	894
public office. The county auditor shall promptly pay any such	895
amount withheld to the auditor of state.	896

Sec. 117.38. Each public office, other than a state agency,	897
shall file a financial report for each fiscal year. The auditor of	898
state may prescribe forms by rule or may issue guidelines, or	899
both, for such reports. If the auditor of state has not prescribed	900
a rule regarding the form for the report, the public office shall	901
submit its report on the form utilized by the public office.	902

The report shall be certified by the proper officer or board	903
and filed with the auditor of state within sixty days after the	904
close of the fiscal year, except that public offices reporting	905
pursuant to generally accepted accounting principles shall file	906
their reports within one hundred fifty days after the close of the	907
fiscal year. The auditor of state may extend the deadline for	908
filing a financial report and establish terms and conditions for	909
any such extension. At the time the report is filed with the	910
auditor of state, the chief fiscal officer, except as otherwise	911
provided in section 319.11 of the Revised Code, shall publish	912
notice in a newspaper published in the political subdivision or	913
taxing district, and if there is no such newspaper, then in a	914
newspaper of general circulation in the political subdivision or	915
taxing district. The notice shall state that the financial report	916
has been completed by the public office and is available for	917
public inspection at the office of the chief fiscal officer.	918

The report shall contain the following:

919

(A) Amount of collections and receipts, and accounts due from	920
each source;	921

(B) Amount of expenditures for each purpose;

922

(C) Income of each public service industry owned or operated	923
by a municipal corporation, and the cost of such ownership or	924
operation;	925

(D) Amount of public debt of each taxing district, the	926
purpose for which each item of such debt was created, and the	927
provision made for the payment thereof. The substance of the	928
report shall be published at the expense of the state in an annual	929
volume of statistics, which shall be submitted to the governor.	930
The auditor of state shall transmit the report to the general	931
assembly at its next session.	932

Any public office, other than a state agency, that does not	933
file its financial report at the time required by this section	934
shall pay to the auditor of state twenty-five dollars for each day	935
the report remains unfiled after the filing date; provided, that	936
the penalty payments shall not exceed the sum of seven hundred	937
fifty dollars. The auditor of state may waive all or any part of	938
the penalty assessed under this section upon the filing of the	939
past due financial report. All sums collected from such penalties	940
shall be placed in the public audit expense fund--local	941
government. ~~The~~If the auditor of state ~~may deduct~~fails to	942
receive payment for penalties not paid within one year from the	943
required filing date ~~from any funds under the auditor of state's~~	944
~~control belonging to the public office. If funds are withheld from~~	945
~~a county because of the failure of a taxing district located in~~	946
~~whole or in part within the county to file, the county may deduct~~	947
~~the amount of penalty from any revenues due the delinquent~~	948
~~district~~, the auditor may recover the penalties through the	949
process in division (D) of section 117.13 of the Revised Code.	950

Every county agency, board, or commission shall provide to	951
the county auditor, not later than the first day of March each	952
year unless a later date is authorized by the county auditor, all	953
information determined by the county auditor to be necessary for	954
the preparation of the report required by this section.	955

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

956

(1) "Capital investment project" means a plan of investment	957
at a project site for the acquisition, construction, renovation,	958
or repair of buildings, machinery, or equipment, or for	959
capitalized costs of basic research and new product development	960
determined in accordance with generally accepted accounting	961
principles, but does not include any of the following:	962

(a) Payments made for the acquisition of personal property	963
through operating leases;	964

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

965

(c) Payments made to a related member as defined in section	966
5733.042 of the Revised Code or to an elected consolidated	967
taxpayer or a combined taxpayer as defined in section 5751.01 of	968
the Revised Code.	969

(2) "Eligible business" means a business with Ohio operations	970
satisfying all of the following:	971

(a) Employed an average of at least one thousand employees in	972
full-time employment positions at a project site during each of	973
the twelve months preceding the application for a tax credit under	974
this section; and	975

(b) On or after January 1, 2002, has made or has caused to be	976
made payments for the capital investment project, including	977
payments made by an unrelated third party entity as a result of a	978
lease of not less than twenty years in term, of either of the	979
following:	980

(i) At least two hundred million dollars in the aggregate at	981
the project site during a period of three consecutive calendar	982
years, including the calendar year that includes a day of the	983
taxpayer's taxable year or tax period with respect to which the	984
credit is granted;	985

(ii) If the average wage of all full-time employment	986
positions at the project site is greater than four hundred per	987
cent of the federal minimum wage, at least one hundred million	988
dollars in the aggregate at the project site during a period of	989
three consecutive calendar years including the calendar year that	990
includes a day of the taxpayer's taxable year or tax period with	991
respect to which the credit is granted.	992

(c) Is engaged at the project site primarily as a	993
manufacturer or is providing significant corporate administrative	994
functions. If the investment under division (A)(2)(b) of this	995
section was made by a third party entity as a result of a lease of	996
not less than twenty years in term, the project must include	997
headquarters operations that are part of a mixed use development	998
that includes at least two of the following: office, hotel,	999
research and development, or retail facilities.	1000

(d) Has had a capital investment project reviewed and	1001
approved by the tax credit authority as provided in divisions (C),	1002
(D), and (E) of this section.	1003

(3) "Full-time employment position" means a position of	1004
employment for consideration for at least an average of	1005
thirty-five hours a week that has been filled for at least one	1006
hundred eighty days immediately preceding the filing of an	1007
application under this section and for at least one hundred eighty	1008
days during each taxable year or each calendar year that includes	1009
a tax period with respect to which the credit is granted, or is	1010
employed in such position for consideration for such time, but is	1011
on active duty reserve or Ohio national guard service.	1012

(4) "Manufacturer" has the same meaning as in section	1013
5739.011 of the Revised Code.	1014

(5) "Project site" means an integrated complex of facilities	1015
in this state, as specified by the tax credit authority under this	1016
section, within a fifteen-mile radius where a taxpayer is	1017
primarily operating as an eligible business.	1018

(6) "Applicable corporation" means a corporation satisfying	1019
all of the following:	1020

(a)(i) For the entire taxable year immediately preceding the	1021
tax year, the corporation develops software applications primarily	1022
to provide telecommunication billing and information services	1023
through outsourcing or licensing to domestic or international	1024
customers.	1025

(ii) Sales and licensing of software generated at least six	1026
hundred million dollars in revenue during the taxable year	1027
immediately preceding the tax year the corporation is first	1028
entitled to claim the credit provided under division (B) of this	1029
section.	1030

(b) For the entire taxable year immediately preceding the tax	1031
year, the corporation or one or more of its related members	1032
provides customer or employee care and technical support for	1033
clients through one or more contact centers within this state, and	1034
the corporation and its related members together have a daily	1035
average, based on a three-hundred-sixty-five-day year, of at least	1036
five hundred thousand successful customer contacts through one or	1037
more of their contact centers, wherever located.	1038

(c) The corporation is eligible for the credit under division	1039
(B) of this section for the tax year.	1040

(7) "Related member" has the same meaning as in section	1041
5733.042 of the Revised Code as that section existed on the	1042
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1043
general assembly, September 29, 1997.	1044

(8) "Successful customer contact" means a contact with an end	1045
user via telephone, including interactive voice recognition or	1046
similar means, where the contact culminates in a conversation or	1047
connection other than a busy signal or equipment busy.	1048

(9) "Telecommunications" means all forms of	1049
telecommunications service as defined in section 5739.01 of the	1050
Revised Code, and includes services in wireless, wireline, cable,	1051
broadband, internet protocol, and satellite.	1052

(10)(a) "Applicable difference" means the difference between	1053
the tax for the tax year under Chapter 5733. of the Revised Code	1054
applying the law in effect for that tax year, and the tax for that	1055
tax year if section 5733.042 of the Revised Code applied as that	1056
section existed on the effective date of its amendment by Am. Sub.	1057
H.B. 215 of the 122nd general assembly, September 29, 1997,	1058
subject to division (A)(10)(b) of this section.	1059

(b) If the tax rate set forth in division (B) of section	1060
5733.06 of the Revised Code for the tax year is less than eight	1061
and one-half per cent, the tax calculated under division	1062
(A)(10)(a) of this section shall be computed by substituting a tax	1063
rate of eight and one-half per cent for the rate set forth in	1064
division (B) of section 5733.06 of the Revised Code for the tax	1065
year.	1066

(c) If the resulting difference is negative, the applicable	1067
tax difference for the tax year shall be zero.	1068

(B) The tax credit authority created under section 122.17 of	1069
the Revised Code may grant tax credits under this section for the	1070
purpose of fostering job retention in this state. Upon application	1071
by an eligible business and upon consideration of the	1072
recommendation of the director of budget and management, tax	1073
commissioner, and director of development under division (C) of	1074
this section, the tax credit authority may grant to an eligible	1075
business a nonrefundable credit against the tax imposed by section	1076
5733.06 or 5747.02 of the Revised Code for a period up to fifteen	1077
taxable years and against the tax levied by Chapter 5751. of the	1078
Revised Code for a period of up to fifteen calendar years	1079
provided, however, that if the project site is leased, the term of	1080
the tax credit cannot exceed the lesser of fifteen years or	1081
one-half the term of the lease, including any permitted renewal	1082
periods. The credit shall be in an amount not exceeding	1083
seventy-five per cent of the Ohio income tax withheld from the	1084
employees of the eligible business occupying full-time employment	1085
positions at the project site during the calendar year that	1086
includes the last day of such business' taxable year or tax period	1087
with respect to which the credit is granted. The amount of the	1088
credit shall not be based on the Ohio income tax withheld from	1089
full-time employees for a calendar year prior to the calendar year	1090
in which the minimum investment requirement referred to in	1091
division (A)(2)(b) of this section is completed. The credit shall	1092
be claimed only for the taxable years or tax periods specified in	1093
the eligible business' agreement with the tax credit authority	1094
under division (E) of this section, but in no event shall the	1095
credit be claimed for a taxable year or tax period terminating	1096
before the date specified in the agreement. Any credit granted	1097
under this section against the tax imposed by section 5733.06 or	1098
5747.02 of the Revised Code, to the extent not fully utilized	1099
against such tax for taxable years ending prior to 2008, shall	1100
automatically be converted without any action taken by the tax	1101
credit authority to a credit against the tax levied under Chapter	1102
5751. of the Revised Code for tax periods beginning on or after	1103
July 1, 2008, provided that the person to whom the credit was	1104
granted is subject to such tax. The converted credit shall apply	1105
to those calendar years in which the remaining taxable years	1106
specified in the agreement end.	1107

The credit computed under this division is in addition to any	1108
credit allowed under division (M) of this section, which the tax	1109
credit authority may also include in the agreement.	1110

Any unused portion of a tax credit may be carried forward for	1111
not more than three additional years after the year for which the	1112
credit is granted.	1113

(C) A taxpayer that proposes a capital investment project to	1114
retain jobs in this state may apply to the tax credit authority to	1115
enter into an agreement for a tax credit under this section. The	1116
director of development shall prescribe the form of the	1117
application. After receipt of an application, the authority shall	1118
forward copies of the application to the director of budget and	1119
management, the tax commissioner, and the director of development,	1120
each of whom shall review the application to determine the	1121
economic impact the proposed project would have on the state and	1122
the affected political subdivisions and shall submit a summary of	1123
their determinations and recommendations to the authority.	1124

(D) Upon review of the determinations and recommendations	1125
described in division (C) of this section, the tax credit	1126
authority may enter into an agreement with the taxpayer for a	1127
credit under this section if the authority determines all of the	1128
following:	1129

(1) The taxpayer's capital investment project will result in	1130
the retention of full-time employment positions in this state.	1131

(2) The taxpayer is economically sound and has the ability to	1132
complete the proposed capital investment project.	1133

(3) The taxpayer intends to and has the ability to maintain	1134
operations at the project site for at least ~~twice~~the greater of	1135
(a) the term of the credit plus three years, or (b) seven years.	1136

(4) Receiving the credit is a major factor in the taxpayer's	1137
decision to begin, continue with, or complete the project.	1138

(5) The political subdivisions in which the project is	1139
located have agreed to provide substantial financial support to	1140
the project.	1141

(E) An agreement under this section shall include all of the	1142
following:	1143

(1) A detailed description of the project that is the subject	1144
of the agreement, including the amount of the investment, the	1145
period over which the investment has been or is being made, and	1146
the number of full-time employment positions at the project site.	1147

(2) The method of calculating the number of full-time	1148
employment positions as specified in division (A)(3) of this	1149
section.	1150

(3) The term and percentage of the tax credit, and the first	1151
year for which the credit may be claimed.	1152

(4) A requirement that the taxpayer maintain operations at	1153
the project site for at least ~~twice~~ the ~~number of years as~~greater	1154
of (a) the term of the credit plus three years, or (b) seven	1155
years.	1156

(5) A requirement that the taxpayer retain a specified number	1157
of full-time employment positions at the project site and within	1158
this state for the term of the credit, including a requirement	1159
that the taxpayer continue to employ at least one thousand	1160
employees in full-time employment positions at the project site	1161
during the entire term of any agreement, subject to division	1162
(E)(7) of this section.	1163

(6) A requirement that the taxpayer annually report to the	1164
director of development the number of full-time employment	1165
positions subject to the credit, the amount of tax withheld from	1166
employees in those positions, the amount of the payments made for	1167
the capital investment project, and any other information the	1168
director needs to perform the director's duties under this	1169
section.	1170

(7) A requirement that the director of development annually	1171
review the annual reports of the taxpayer to verify the	1172
information reported under division (E)(6) of this section and	1173
compliance with the agreement. Upon verification, the director	1174
shall issue a certificate to the taxpayer stating that the	1175
information has been verified and identifying the amount of the	1176
credit for the taxable year. Unless otherwise specified by the tax	1177
credit authority in a resolution and included as part of the	1178
agreement, the director shall not issue a certificate for any year	1179
in which the total number of filled full-time employment positions	1180
for each day of the calendar year divided by three hundred	1181
sixty-five is less than ninety per cent of the full-time	1182
employment positions specified in division (E)(5) of this section.	1183
In determining the number of full-time employment positions, no	1184
position shall be counted that is filled by an employee who is	1185
included in the calculation of a tax credit under section 122.17	1186
of the Revised Code.	1187

(8)(a) A provision requiring that the taxpayer, except as	1188
otherwise provided in division (E)(8)(b) of this section, shall	1189
not relocate employment positions from elsewhere in this state to	1190
the project site that is the subject of the agreement for the	1191
lesser of five years from the date the agreement is entered into	1192
or the number of years the taxpayer is entitled to claim the	1193
credit.	1194

(b) The taxpayer may relocate employment positions from	1195
elsewhere in this state to the project site that is the subject of	1196
the agreement if the director of development determines both of	1197
the following:	1198

(i) That the site from which the employment positions would	1199
be relocated is inadequate to meet market and industry	1200
conditions, expansion plans, consolidation plans, or other	1201
business considerations affecting the taxpayer;	1202

(ii) That the legislative authority of the county, township,	1203
or municipal corporation from which the employment positions would	1204
be relocated has been notified of the relocation.	1205

For purposes of this section, the movement of an employment	1206
position from one political subdivision to another political	1207
subdivision shall be considered a relocation of an employment	1208
position unless the movement is confined to the project site. The	1209
transfer of an individual employee from one political subdivision	1210
to another political subdivision shall not be considered a	1211
relocation of an employment position as long as the individual's	1212
employment position in the first political subdivision is	1213
refilled.	1214

(9) A waiver by the taxpayer of any limitations periods	1215
relating to assessments or adjustments resulting from the	1216
taxpayer's failure to comply with the agreement.	1217

(F) If a taxpayer fails to meet or comply with any condition	1218
or requirement set forth in a tax credit agreement, the tax credit	1219
authority may amend the agreement to reduce the percentage or term	1220
of the credit. The reduction of the percentage or term shall take	1221
effect (1) in the taxable year immediately following the taxable	1222
year in which the authority amends the agreement or the director	1223
of development notifies the taxpayer in writing of such failure,	1224
or (2) in the first tax period beginning in the calendar year	1225
immediately following the calendar year in which the authority	1226
amends the agreement or the director notifies the taxpayer in	1227
writing of such failure. If the taxpayer fails to annually report	1228
any of the information required by division (E)(6) of this section	1229
within the time required by the director, the reduction of the	1230
percentage or term may take effect in the current taxable year. If	1231
the taxpayer relocates employment positions in violation of the	1232
provision required under division ~~(D)(8)(a)~~(E)(8)(a) of this	1233
section, the taxpayer shall not claim the tax credit under	1234
section 5733.0610 of the Revised Code for any tax years	1235
following the calendar year in which the relocation occurs, shall	1236
not claim the tax credit under section 5747.058 of the Revised	1237
Code for the taxable year in which the relocation occurs and any	1238
subsequent taxable years, and shall not claim the tax credit	1239
under division (A) of section 5751.50 of the Revised Code for	1240
the tax period in which the relocation occurs and any subsequent	1241
tax periods.	1242

(G) Financial statements and other information submitted to	1243
the department of development or the tax credit authority by an	1244
applicant for or recipient of a tax credit under this section, and	1245
any information taken for any purpose from such statements or	1246
information, are not public records subject to section 149.43 of	1247
the Revised Code. However, the chairperson of the authority may	1248
make use of the statements and other information for purposes of	1249
issuing public reports or in connection with court proceedings	1250
concerning tax credit agreements under this section. Upon the	1251
request of the tax commissioner, the chairperson of the authority	1252
shall provide to the commissioner any statement or other	1253
information submitted by an applicant for or recipient of a tax	1254
credit in connection with the credit. The commissioner shall	1255
preserve the confidentiality of the statement or other	1256
information.	1257

(H) A taxpayer claiming a tax credit under this section shall	1258
submit to the tax commissioner a copy of the director of	1259
development's certificate of verification under division (E)(7) of	1260
this section with the taxpayer's tax report or return for the	1261
taxable year or for the calendar year that includes the tax	1262
period. Failure to submit a copy of the certificate with the	1263
report or return does not invalidate a claim for a credit if the	1264
taxpayer submits a copy of the certificate to the commissioner	1265
within sixty days after the commissioner requests it.	1266

(I) For the purposes of this section, a taxpayer may include	1267
a partnership, a corporation that has made an election under	1268
subchapter S of chapter one of subtitle A of the Internal Revenue	1269
Code, or any other business entity through which income flows as a	1270
distributive share to its owners. A partnership, S-corporation, or	1271
other such business entity may elect to pass the credit received	1272
under this section through to the persons to whom the income or	1273
profit of the partnership, S-corporation, or other entity is	1274
distributed. The election shall be made on the annual report	1275
required under division (E)(6) of this section. The election	1276
applies to and is irrevocable for the credit for which the report	1277
is submitted. If the election is made, the credit shall be	1278
apportioned among those persons in the same proportions as those	1279
in which the income or profit is distributed.	1280

(J) If the director of development determines that a taxpayer	1281
that received a tax credit under this section is not complying	1282
with the requirement under division (E)(4) of this section, the	1283
director shall notify the tax credit authority of the	1284
noncompliance. After receiving such a notice, and after giving the	1285
taxpayer an opportunity to explain the noncompliance, the	1286
authority may terminate the agreement and require the taxpayer to	1287
refund to the state all or a portion of the credit claimed in	1288
previous years, as follows:	1289

(1) If the taxpayer maintained operations at the project site	1290
for less than the term of the credit, the amount required to be	1291
refunded shall not exceed the amount of any tax credits	1292
previously allowed and received under this section.	1293

(2) If the taxpayer maintained operations at the project site	1294
longer than the term of the credit, but less than ~~one and~~	1295
~~one-half times~~the greater of (a) the term of the credit plus	1296
three years, or (b) seven years, the amount required to be	1297
refunded shall not exceed fifty per cent of the sum of any tax	1298
credits previously allowed and received under this section.	1299

~~(3) If the taxpayer maintained operations at the project site~~	1300
~~for at least one and one-half times the term of the credit but~~	1301
~~less than twice the term of the credit, the amount required to be~~	1302
~~refunded shall not exceed twenty-five per cent of the sum of any~~	1303
~~tax credits previously allowed and received under this section.~~	1304

In determining the portion of the credit to be refunded to	1305
this state, the authority shall consider the effect of market	1306
conditions on the taxpayer's project and whether the taxpayer	1307
continues to maintain other operations in this state. After making	1308
the determination, the authority shall certify the amount to be	1309
refunded to the tax commissioner. The commissioner shall make an	1310
assessment for that amount against the taxpayer under Chapter	1311
5733., 5747., or 5751. of the Revised Code. The time limitations	1312
on assessments under those chapters do not apply to an assessment	1313
under this division, but the commissioner shall make the	1314
assessment within one year after the date the authority certifies	1315
to the commissioner the amount to be refunded.	1316

If the director of development determines that a taxpayer	1317
that received a tax credit under this section has reduced the	1318
number of employees agreed to under division (E)(5) of this	1319
section by more than ten per cent, the director shall notify the	1320
tax credit authority of the noncompliance. After receiving such	1321
notice, and after providing the taxpayer an opportunity to explain	1322
the noncompliance, the authority may amend the agreement to reduce	1323
the percentage or term of the tax credit. The reduction in the	1324
percentage or term shall take effect in the taxable year, or in	1325
the calendar year that includes the tax period, in which the	1326
authority amends the agreement.	1327

(K) The director of development, after consultation with the	1328
tax commissioner and in accordance with Chapter 119. of the	1329
Revised Code, shall adopt rules necessary to implement this	1330
section. The rules may provide for recipients of tax credits under	1331
this section to be charged fees to cover administrative costs of	1332
the tax credit program. The fees collected shall be credited to	1333
the tax incentive programs operating fund created in section	1334
122.174 of the Revised Code. At the time the director gives public	1335
notice under division (A) of section 119.03 of the Revised Code of	1336
the adoption of the rules, the director shall submit copies of the	1337
proposed rules to the chairpersons of the standing committees on	1338
economic development in the senate and the house of	1339
representatives.	1340

(L) On or before the thirty-first day of March of each year,	1341
the director of development shall submit a report to the governor,	1342
the president of the senate, and the speaker of the house of	1343
representatives on the tax credit program under this section. The	1344
report shall include information on the number of agreements that	1345
were entered into under this section during the preceding calendar	1346
year, a description of the project that is the subject of each	1347
such agreement, and an update on the status of projects under	1348
agreements entered into before the preceding calendar year.	1349

(M)(1) A nonrefundable credit shall be allowed to an	1350
applicable corporation and its related members in an amount equal	1351
to the applicable difference. The credit is in addition to the	1352
credit granted to the corporation or related members under	1353
division (B) of this section. The credit is subject to divisions	1354
(B) to (E) and division (J) of this section.	1355

(2) A person qualifying as an applicable corporation under	1356
this section for a tax year does not necessarily qualify as an	1357
applicable corporation for any other tax year. No person is	1358
entitled to the credit allowed under division (M) of this section	1359
for the tax year immediately following the taxable year during	1360
which the person fails to meet the requirements in divisions	1361
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	1362
to the credit allowed under division (M) of this section for any	1363
tax year for which the person is not eligible for the credit	1364
provided under division (B) of this section.	1365

Sec. 124.152. (A)(1) Except as provided in divisions (A)(2)	1366
and (3) of this section, each exempt employee shall be paid a	1367
salary or wage in accordance with schedule E-1 or schedule E-2 of	1368
division (B), (C), or (D) of this section, as applicable.	1369

(2) Each exempt employee who holds a position in the	1370
unclassified civil service pursuant to division (A)(26) or (30) of	1371
section 124.11 of the Revised Code may be paid a salary or wage in	1372
accordance with schedule E-1, schedule E-1 for step seven only, or	1373
schedule E-2 of division (B), (C), (D), (E), (F), or (G) of this	1374
section, as applicable.	1375

(3)(a) Except as provided in division (A)(3)(b) of this	1376
section, each exempt employee who was paid a salary or wage at	1377
step 7 in the employee's pay range on June 28, 2003, in accordance	1378
with the applicable schedule E-1 of former section 124.152 of the	1379
Revised Code and who continued to be so paid on June 29, 2003,	1380
shall be paid a salary or wage in the corresponding pay range in	1381
schedule E-1 for step seven only of division (E), (F), or (G) of	1382
this section, as applicable, for as long as the employee remains	1383
in the position the employee held as of July 1, 2003.	1384

(b) Except as provided in division (A)(3)(c) of this section,	1385
if an exempt employee who is being paid a salary or wage in	1386
accordance with schedule E-1 for step seven only of division (E),	1387
(F), or (G) of this section, as applicable, moves to another	1388
position, the employee shall not receive a salary or wage for	1389
that position or any other position in the future in accordance	1390
with that schedule.	1391

(c) If an exempt employee who is being paid a salary or wage	1392
in accordance with schedule E-1 for step seven only of division	1393
(E), (F), or (G) of this section, as applicable, moves to another	1394
position assigned to pay range 12 or above, the appointing	1395
authority may assign the employee to be paid a salary or wage in	1396
the appropriate pay range for that position in accordance with	1397
the applicable schedule E-1 for step seven only, provided that	1398
the appointing authority so notifies the director of	1399
administrative services in writing at the time the employee is	1400
appointed to that position.	1401

(B) Beginning on the first day of the pay period that	1402
includes July 1, 2006, each exempt employee who must be paid in	1403
accordance with schedule E-1 or schedule E-2 of this section shall	1404
be paid a salary or wage in accordance with the following schedule	1405
of rates:	1406

Schedule E-1	1407

Pay Ranges and Step Values	1408

		Step	Step	Step	Step	Step	Step	1409
	Range	1	2	3	4	5	6	1410
1	Hourly	9.40	9.82	10.24	10.68			1411
	Annually	19552	20426	21299	22214			1412
2	Hourly	11.40	11.88	12.40	12.94			1413
	Annually	23712	24710	25792	26915			1414
3	Hourly	11.94	12.48	13.03	13.60			1415
	Annually	24835	25958	27102	28288			1416
4	Hourly	12.54	13.10	13.72	14.34			1417
	Annually	26083	27248	28538	29827			1418
5	Hourly	13.15	13.75	14.34	14.97			1419
	Annually	27352	28600	29827	31138			1420
6	Hourly	13.86	14.43	15.07	15.69			1421
	Annually	28829	30014	31346	32635			1422
7	Hourly	14.72	15.27	15.88	16.44	17.08		1423
	Annually	30618	31762	33030	34195	35526		1424
8	Hourly	15.56	16.24	16.95	17.71	18.46		1425
	Annually	32365	33779	35256	36837	38397		1426
9	Hourly	16.60	17.46	18.32	19.23	20.21		1427
	Annually	34528	36317	38106	39998	42037		1428
10	Hourly	17.91	18.89	19.90	21.05	22.18		1429
	Annually	37253	39291	41392	43784	46134		1430
11	Hourly	19.50	20.64	21.84	23.06	24.38		1431
	Annually	40560	42931	45427	47965	50710		1432
12	Hourly	21.51	22.72	23.94	25.27	26.68	28.13	1433
	Annually	44741	47258	49795	52562	55494	58510	1434
13	Hourly	23.71	25.01	26.39	27.80	29.36	30.96	1435
	Annually	49317	52021	54891	57824	61069	64397	1436
14	Hourly	26.08	27.55	29.03	30.62	32.35	34.15	1437
	Annually	54246	57304	60382	63690	67288	71032	1438
15	Hourly	28.64	30.25	31.96	33.72	35.59	37.55	1439
	Annually	59571	62920	66477	70138	74027	78104	1440
16	Hourly	31.58	33.33	35.17	37.14	39.19	41.43	1441
	Annually	65686	69326	73154	77251	81515	86174	1442
17	Hourly	34.80	36.72	38.78	40.92	43.20	45.61	1443
	Annually	72384	76378	80662	85114	89856	94869	1444
18	Hourly	38.35	40.47	42.75	45.10	47.60	50.26	1445
	Annually	79768	84178	88920	93808	99008	104541	1446

Schedule E-2	1447

	Range	Minimum	Maximum	1448
41	Hourly	16.23	34.77	1449
	Annually	33758	72322	1450
42	Hourly	17.89	38.41	1451
	Annually	37211	79893	1452
43	Hourly	19.70	42.30	1453
	Annually	40976	87984	1454
44	Hourly	21.73	46.21	1455
	Annually	45198	96117	1456
45	Hourly	24.01	50.44	1457
	Annually	49941	104915	1458
46	Hourly	26.43	55.13	1459
	Annually	54974	114670	1460
47	Hourly	29.14	60.16	1461
	Annually	60611	125133	1462
48	Hourly	32.14	65.65	1463
	Annually	66851	136552	1464
49	Hourly	35.44	70.89	1465
	Annually	73715	147451	1466

(C) Beginning on the first day of the pay period that	1467
includes July 1, 2007, each exempt employee who must be paid in	1468
accordance with schedule E-1 or schedule E-2 of this section shall	1469
be paid a salary or wage in accordance with the following schedule	1470
of rates:	1471

Schedule E-1	1472

Pay Ranges and Step Values	1473

		Step	Step	Step	Step	Step	Step	1474
	Range	1	2	3	4	5	6	1475
1	Hourly	9.73	10.16	10.60	11.05			1476
	Annually	20238	21133	22048	22984			1477
2	Hourly	11.80	12.30	12.83	13.39			1478
	Annually	24544	25584	26686	27851			1479
3	Hourly	12.36	12.92	13.49	14.08			1480
	Annually	25709	26874	28059	29286			1481
4	Hourly	12.98	13.56	14.20	14.84			1482
	Annually	26998	28205	29536	30867			1483
5	Hourly	13.61	14.23	14.84	15.49			1484
	Annually	28309	29598	30867	32219			1485
6	Hourly	14.35	14.94	15.60	16.24			1486
	Annually	29848	31075	32448	33779			1487
7	Hourly	15.24	15.80	16.44	17.02	17.68		1488
	Annually	31699	32864	34195	35402	36774		1489
8	Hourly	16.10	16.81	17.54	18.33	19.11		1490
	Annually	33488	34965	36483	38126	39749		1491
9	Hourly	17.18	18.07	18.96	19.90	20.92		1492
	Annually	35734	37586	39437	41392	43514		1493
10	Hourly	18.54	19.55	20.60	21.79	22.96		1494
	Annually	38563	40664	42848	45323	47757		1495
11	Hourly	20.18	21.36	22.60	23.87	25.23		1496
	Annually	41974	44429	47008	49650	52478		1497
12	Hourly	22.26	23.52	24.78	26.15	27.61	29.11	1498
	Annually	46301	48922	51542	54392	57429	60549	1499
13	Hourly	24.54	25.89	27.31	28.77	30.39	32.04	1500
	Annually	51043	53851	56805	59842	63211	66643	1501
14	Hourly	26.99	28.51	30.05	31.69	33.48	35.35	1502
	Annually	56139	59301	62504	65915	69638	73528	1503
15	Hourly	29.64	31.31	33.08	34.90	36.84	38.86	1504
	Annually	61651	65125	68806	72592	76627	80829	1505
16	Hourly	32.69	34.50	36.40	38.44	40.56	42.88	1506
	Annually	67995	71760	75712	79955	84365	89190	1507
17	Hourly	36.02	38.01	40.14	42.35	44.71	47.21	1508
	Annually	74922	79061	83491	88088	92997	98197	1509
18	Hourly	39.69	41.89	44.25	46.68	49.27	52.02	1510
	Annually	82555	87131	92040	97094	102482	108202	1511

Schedule E-2	1512

	Range	Minimum	Maximum	1513
41	Hourly	16.23	35.99	1514
	Annually	33758	74859	1515
42	Hourly	17.89	39.75	1516
	Annually	37211	82680	1517
43	Hourly	19.70	43.78	1518
	Annually	40976	91062	1519
44	Hourly	21.73	47.83	1520
	Annually	45198	99486	1521
45	Hourly	24.01	52.21	1522
	Annually	49941	108597	1523
46	Hourly	26.43	57.06	1524
	Annually	54974	118685	1525
47	Hourly	29.14	62.27	1526
	Annually	60611	129522	1527
48	Hourly	32.14	67.95	1528
	Annually	66851	141336	1529
49	Hourly	35.44	73.37	1530
	Annually	73715	152610	1531

(D) ~~Beginning~~Except as otherwise provided in division (I) of	1532
this section, beginning on the first day of the pay period that	1533
includes July 1, 2008, each exempt employee who must be paid in	1534
accordance with schedule E-1 or schedule E-2 of this section shall	1535
be paid a salary or wage in accordance with the following schedule	1536
of rates:	1537

Schedule E-1	1538

Pay Ranges and Step Values	1539

		Step	Step	Step	Step	Step	Step	1540
	Range	1	2	3	4	5	6	1541
1	Hourly	10.07	10.52	10.97	11.44			1542
	Annually	20946	21882	22818	23795			1543
2	Hourly	12.21	12.73	13.28	13.86			1544
	Annually	25397	26478	27622	28829			1545
3	Hourly	12.79	13.37	13.96	14.57			1546
	Annually	26603	27810	29037	30306			1547
4	Hourly	13.43	14.03	14.70	15.36			1548
	Annually	27934	29182	30576	31949			1549
5	Hourly	14.09	14.73	15.36	16.03			1550
	Annually	29307	30638	31949	33342			1551
6	Hourly	14.85	15.46	16.15	16.81			1552
	Annually	30888	32157	33592	34965			1553
7	Hourly	15.77	16.35	17.02	17.62	18.30		1554
	Annually	32802	34008	35402	36650	38064		1555
8	Hourly	16.66	17.40	18.15	18.97	19.78		1556
	Annually	34653	36192	37752	39458	41142		1557
9	Hourly	17.78	18.70	19.62	20.60	21.65		1558
	Annually	36982	38896	40810	42848	45032		1559
10	Hourly	19.19	20.23	21.32	22.55	23.76		1560
	Annually	39915	42078	44346	46904	49421		1561
11	Hourly	20.89	22.11	23.39	24.71	26.11		1562
	Annually	43451	45989	48651	51397	54309		1563
12	Hourly	23.04	24.34	25.65	27.07	28.58	30.13	1564
	Annually	47923	50627	53352	56306	59446	62670	1565
13	Hourly	25.40	26.80	28.27	29.78	31.45	33.16	1566
	Annually	52832	55744	58802	61942	65416	68973	1567
14	Hourly	27.93	29.51	31.10	32.80	34.65	36.59	1568
	Annually	58094	61381	64688	68224	72072	76107	1569
15	Hourly	30.68	32.41	34.24	36.12	38.13	40.22	1570
	Annually	63814	67413	71219	75130	79310	83658	1571
16	Hourly	33.83	35.71	37.67	39.79	41.98	44.38	1572
	Annually	70366	74277	78354	82763	87318	92310	1573
17	Hourly	37.28	39.34	41.54	43.83	46.27	48.86	1574
	Annually	77542	81827	86403	91166	96242	101629	1575
18	Hourly	41.08	43.36	45.80	48.31	50.99	53.84	1576
	Annually	85446	90189	95264	100485	106059	111987	1577

Schedule E-2	1578

	Range	Minimum	Maximum	1579
41	Hourly	16.23	37.25	1580
	Annually	33758	77480	1581
42	Hourly	17.89	41.14	1582
	Annually	37211	85571	1583
43	Hourly	19.70	45.31	1584
	Annually	40976	94245	1585
44	Hourly	21.73	49.50	1586
	Annually	45198	102960	1587
45	Hourly	24.01	54.04	1588
	Annually	49941	112403	1589
46	Hourly	26.43	59.06	1590
	Annually	54974	122845	1591
47	Hourly	29.14	64.45	1592
	Annually	60611	134056	1593
48	Hourly	32.14	70.33	1594
	Annually	66851	146286	1595
49	Hourly	35.44	75.94	1596
	Annually	73715	157955	1597

(E) Beginning on the first day of the pay period that	1598
includes July 1, 2006, each exempt employee who must be paid in	1599
accordance with schedule E-1 for step seven only shall be paid a	1600
salary or wage in accordance with the following schedule of rates:	1601

Schedule E-1 for Step Seven Only	1602

Pay Ranges and Step Seven Values	1603

	Range		1604
12	Hourly	29.68	1605
	Annually	61734	1606
13	Hourly	32.66	1607
	Annually	67933	1608
14	Hourly	36.01	1609
	Annually	74901	1610
15	Hourly	39.61	1611
	Annually	82389	1612
16	Hourly	43.70	1613
	Annually	90896	1614
17	Hourly	48.13	1615
	Annually	100110	1616
18	Hourly	53.02	1617
	Annually	110282	1618

(F) Beginning on the first day of the pay period that	1619
includes July 1, 2007, each exempt employee who must be paid in	1620
accordance with schedule E-1 for step seven only shall be paid a	1621
salary or wage in accordance with the following schedule of rates:	1622

Schedule E-1 for Step Seven Only	1623

Pay Ranges and Step Values	1624

	Range		1625
12	Hourly	30.72	1626
	Annually	63898	1627
13	Hourly	33.80	1628
	Annually	70304	1629
14	Hourly	37.27	1630
	Annually	77522	1631
15	Hourly	41.00	1632
	Annually	85280	1633
16	Hourly	45.23	1634
	Annually	94078	1635
17	Hourly	49.81	1636
	Annually	103605	1637
18	Hourly	54.88	1638
	Annually	114150	1639

(G) ~~Beginning~~Except as otherwise provided in division (I) of	1640
this section, beginning on the first day of the pay period that	1641
includes July 1, 2008, each exempt employee who must be paid in	1642
accordance with salary schedule E-1 for step seven only shall be	1643
paid a salary or wage in accordance with the following schedule of	1644
rates:	1645

Schedule E-1 for Step Seven Only	1646

Pay Ranges and Step Values	1647

	Range		1648
12	Hourly	31.80	1649
	Annually	66144	1650
13	Hourly	34.98	1651
	Annually	72758	1652
14	Hourly	38.57	1653
	Annually	80226	1654
15	Hourly	42.44	1655
	Annually	88275	1656
16	Hourly	46.81	1657
	Annually	97365	1658
17	Hourly	51.55	1659
	Annually	107224	1660
18	Hourly	56.80	1661
	Annually	118144	1662

(H) As used in this section, "exempt employee" means a	1663
permanent full-time or permanent part-time employee paid directly	1664
by warrant of the director of budget and management whose position	1665
is included in the job classification plan established under	1666
division (A) of section 124.14 of the Revised Code but who is not	1667
considered a public employee for the purposes of Chapter 4117. of	1668
the Revised Code. As used in this section, "exempt employee" also	1669
includes a permanent full-time or permanent part-time employee of	1670
the secretary of state, auditor of state, treasurer of state, or	1671
attorney general who has not been placed in an appropriate	1672
bargaining unit by the state employment relations board.	1673

(I) The governor by executive order may suspend the pay	1674
increases scheduled to be granted under divisions (D) and (G) of	1675
this section until the first day of the pay period that includes	1676
July 1, 2009. If the governor issues such an executive order,	1677
until that date, exempt employees scheduled to be paid under	1678
division (D) or (G) of this section shall continue to be paid	1679
under division (C) or (F) of this section, as applicable. The	1680
standards for issuing an executive order under this division are	1681
the same as those specified for the issuance of an executive	1682
order under section 126.05 of the Revised Code.	1683

Sec. 120.08. There is hereby created in the state treasury	1684
the indigent defense support fund, consisting of money paid into	1685
the fund pursuant to section 4511.19 of the Revised Code and	1686
pursuant to section 2949.094 of the Revised Code out of the	1687
additional court costs imposed under that section. The state	1688
public defender shall use the money in the fund for the purpose	1689
of reimbursing county governments for expenses incurred pursuant	1690
to sections 120.18, 120.28, and 120.33 of the Revised Code.	1691
Disbursements from the fund to county governments shall be made	1692
in each state fiscal year and shall be allocated proportionately	1693
so that each county receives an equal percentage of its total	1694
cost for operating its county public defender system, its joint	1695
county public defender system, or its county appointed counsel	1696
system.	1697

Sec. 125.021. (A) Except as to the military department, the	1698
general assembly, the bureau of workers' compensation, the	1699
industrial commission, and institutions administered by boards of	1700
trustees, the ~~office of information technology~~department of	1701
administrative services may contract for~~, operate, and superintend~~	1702
telephone, other telecommunication, and computer services for	1703
state agencies. Nothing in this division precludes the bureau or	1704
the commission from contracting with the ~~office~~department to	1705
authorize the ~~office~~department to contract for~~, operate, or~~	1706
~~superintend~~ those services for the bureau or the commission.	1707

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

1708

(a) "Active duty" means active duty pursuant to an executive	1709
order of the president of the United States, an act of the	1710
congress of the United States, or section 5919.29 or 5923.21 of	1711
the Revised Code.	1712

(b) "Immediate family" means a person's spouse residing in	1713
the person's household, brothers and sisters of the whole or of	1714
the half blood, children, including adopted children and	1715
stepchildren, parents, and grandparents.	1716

(2) The ~~office of information technology~~department of	1717
administrative services may enter into a contract to purchase bulk	1718
long distance telephone services and make them available at cost,	1719
or may make bulk long distance telephone services available at	1720
cost under any existing contract the ~~office~~department has entered	1721
into, to members of the immediate family of persons deployed on	1722
active duty so that those family members can communicate with the	1723
persons so deployed. If the ~~office~~department enters into	1724
contracts under division (B)(2) of this section, it shall do so in	1725
accordance with sections 125.01 to 125.11 of the Revised Code and	1726
in a nondiscriminatory manner that does not place any potential	1727
vendor at a competitive disadvantage.	1728

(3) If the ~~office~~department decides to exercise either	1729
option under division (B)(2) of this section, it shall adopt, and	1730
may amend, rules under Chapter 119. of the Revised Code to	1731
implement that division.	1732

Sec. 125.04. (A) Except as provided in division (D) of this	1733
section, the department of administrative services shall determine	1734
what supplies and services are purchased by or for state	1735
agencies. Whenever the department of administrative services	1736
makes any change or addition to the lists of supplies and	1737
services that it determines to purchase for state agencies, it	1738
shall provide a list to the agencies of the changes or additions	1739
and indicate when the department will be prepared to furnish each	1740
item listed. Except for the requirements of division (B) of	1741
section 125.11 of the Revised Code, sections 125.04 to 125.08 and	1742
125.09 to 125.15 of the Revised Code do not apply to or affect the	1743
educational institutions of the state. The department shall not	1744
include the bureau of workers' compensation in the lists of	1745
supplies, equipment, and services purchased and furnished by the	1746
department.	1747

Nothing in this division precludes the bureau from entering	1748
into a contract with the department for the department to perform	1749
services relative to supplies, equipment, and services contained	1750
in this division for the bureau.	1751

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

1752

(a) "Chartered nonpublic school" has the same meaning as in	1753
section 3310.01 of the Revised Code.	1754

(b) "Emergency medical service organization" has the same	1755
meaning as in section 4765.01 of the Revised Code.	1756

~~(b)~~(c) "Political subdivision" means any county, township,	1757
municipal corporation, school district, conservancy district,	1758
township park district, park district created under Chapter 1545.	1759
of the Revised Code, regional transit authority, regional airport	1760
authority, regional water and sewer district, or port authority.	1761
"Political subdivision" also includes any other political	1762
subdivision described in the Revised Code that has been approved	1763
by the department to participate in the department's contracts	1764
under this division.	1765

~~(c)~~(d) "Private fire company" has the same meaning as in	1766
section 9.60 of the Revised Code.	1767

(2) Subject to division (C) of this section, the department	1768
of administrative services may permit a political subdivision,	1769
county board of elections, private fire company, or private,	1770
nonprofit emergency medical service organization, or chartered	1771
nonpublic school to participate in contracts into which the	1772
department has entered for the purchase of supplies and	1773
services. The department may charge the entity a reasonable fee	1774
to cover the administrative costs the department incurs as a	1775
result of participation by the entity in such a purchase	1776
contract.	1777

A political subdivision desiring to participate in such	1778
purchase contracts shall file with the department a certified copy	1779
of an ordinance or resolution of the legislative authority or	1780
governing board of the political subdivision. The resolution or	1781
ordinance shall request that the political subdivision be	1782
authorized to participate in such contracts and shall agree that	1783
the political subdivision will be bound by such terms and	1784
conditions as the department prescribes and that it will directly	1785
pay the vendor under each purchase contract. A board of elections	1786
desiring to participate in such purchase contracts shall file	1787
with the purchasing authority a written request for inclusion in	1788
the program. A private fire company or, private, nonprofit	1789
emergency medical service organization, or chartered nonpublic	1790
school desiring to participate in such purchase contracts shall	1791
file with the department a written request for inclusion in the	1792
program signed by the chief officer of the company or,	1793
organization, or chartered nonpublic school. A request for	1794
inclusion shall include an agreement to be bound by such terms	1795
and conditions as the department prescribes and to make direct	1796
payments to the vendor under each purchase contract.	1797

The department shall include in its annual report an	1798
estimate of the cost it incurs by permitting political	1799
subdivisions, county boards of elections, private fire companies,	1800
~~and~~ private, nonprofit emergency medical service organizations,	1801
and chartered nonpublic schools to participate in contracts	1802
pursuant to this division. The department may require such	1803
entities to file a report with the department, as often as it	1804
finds necessary, stating how many such contracts the entities	1805
participated in within a specified period of time, and any other	1806
information the department requires.	1807

(3) Purchases made by a political subdivision or a county	1808
board of elections under this division are exempt from any	1809
competitive selection procedures otherwise required by law. No	1810
political subdivision shall make any purchase under this division	1811
when bids have been received for such purchase by the subdivision,	1812
unless such purchase can be made upon the same terms, conditions,	1813
and specifications at a lower price under this division.	1814

(C) A political subdivision as defined in division (B) of	1815
this section or a county board of elections may purchase supplies	1816
or services from another party, including a political	1817
subdivision, instead of through participation in contracts	1818
described in division (B) of this section if the political	1819
subdivision or county board of elections can purchase those	1820
supplies or services from the other party upon equivalent terms,	1821
conditions, and specifications but at a lower price than it can	1822
through those contracts. Purchases that a political subdivision or	1823
county board of elections makes under this division are exempt	1824
from any competitive selection procedures otherwise required by	1825
law. A political subdivision or county board of elections that	1826
makes any purchase under this division shall maintain sufficient	1827
information regarding the purchase to verify that the political	1828
subdivision or county board of elections satisfied the conditions	1829
for making a purchase under this division. Nothing in this	1830
division restricts any action taken by a county or township as	1831
authorized by division (A)(1) of section 9.48 of the Revised Code.	1832

(D) This section does not apply to supplies or services	1833
required by the legislative or judicial branches, the capitol	1834
square review and advisory board, the adjutant general, to	1835
supplies or services purchased by a state agency directly as	1836
provided in division (A) or (E) of section 125.05 of the Revised	1837
Code, to purchases of supplies or services for the emergency	1838
management agency as provided in section 125.023 of the Revised	1839
Code, or to purchases of supplies or services for the department	1840
of rehabilitation and correction in its operation of the program	1841
for the employment of prisoners established under section 5145.16	1842
of the Revised Code that shall be made pursuant to rules adopted	1843
by the director of administrative services and the director of	1844
rehabilitation and correction in accordance with Chapter 119. of	1845
the Revised Code. The rules may provide for the exemption of the	1846
program for the employment of prisoners from the requirements of	1847
division (A) of this section.	1848

Sec. 125.09. (A) Pursuant to section 125.07 of the Revised	1849
Code, the department of administrative services may prescribe such	1850
conditions under which competitive sealed bids will be received	1851
and terms of the proposed purchase as it considers necessary;	1852
provided, that all such conditions and terms shall be reasonable	1853
and shall not unreasonably restrict competition, and bidders may	1854
bid upon all or any item of the supplies or services listed in	1855
such notice. The conditions and terms for a term contract shall	1856
require that a bidder have made at least twenty thousand dollars	1857
in total sales to one or more state agencies or one or more	1858
political subdivisions during the one-year period immediately	1859
preceding the date of submission of the bidder's bid. Those	1860
bidders claiming the preference for United States and Ohio	1861
products outlined in this chapter shall designate in their bids	1862
either that the product to be supplied is an Ohio product or that	1863
under the rules established by the director of administrative	1864
services they qualify as having a significant Ohio economic	1865
presence.	1866

(B) The department may require that each bidder provide	1867
sufficient information about the energy efficiency or energy usage	1868
of the bidder's product or service.	1869

(C) The director of administrative services shall, by rule	1870
adopted pursuant to Chapter 119. of the Revised Code, prescribe	1871
criteria and procedures for use by all state agencies in giving	1872
preference to United States and Ohio products as required by	1873
division (B) of section 125.11 of the Revised Code. The rules	1874
shall extend to:	1875

(1) Criteria for determining that a product is produced or	1876
mined in the United States rather than in another country or	1877
territory;	1878

(2) Criteria for determining that a product is produced or	1879
mined in Ohio;	1880

(3) Information to be submitted by bidders as to the nature	1881
of a product and the location where it is produced or mined;	1882

(4) Criteria and procedures to be used by the director to	1883
qualify bidders located in states bordering Ohio who might	1884
otherwise be excluded from being awarded a contract by operation	1885
of this section and section 125.11 of the Revised Code. The	1886
criteria and procedures shall recognize the level and regularity	1887
of interstate commerce between Ohio and the border states and	1888
provide that the non-Ohio businesses may qualify for award of a	1889
contract as long as they are located in a state that imposes no	1890
greater restrictions than are contained in this section and	1891
section 125.11 of the Revised Code upon persons located in Ohio	1892
selling products or services to agencies of that state. The	1893
criteria and procedures shall also provide that a non-Ohio	1894
business shall not bid on a contract for state printing in this	1895
state if the business is located in a state that excludes Ohio	1896
businesses from bidding on state printing contracts in that state.	1897

(5) Criteria and procedures to be used to qualify bidders	1898
whose manufactured products, except for mined products, are	1899
produced in other states or in North America, but the bidders have	1900
a significant Ohio economic presence in terms of the number of	1901
employees or capital investment a bidder has in this state.	1902
Bidders with a significant Ohio economic presence shall qualify	1903
for award of a contract on the same basis as if their products	1904
were produced in this state.	1905

(6) Criteria and procedures for the director to grant waivers	1906
of the requirements of division (B) of section 125.11 of the	1907
Revised Code on a contract-by-contract basis where compliance with	1908
those requirements would result in the state agency paying an	1909
excessive price for the product or acquiring a disproportionately	1910
inferior product;	1911

(7) Such other requirements or procedures reasonably	1912
necessary to implement the system of preferences established	1913
pursuant to division (B) of section 125.11 of the Revised Code.	1914

In adopting the rules required under this division, the	1915
director shall, to the maximum extent possible, conform to the	1916
requirements of the federal "Buy America Act," 47 Stat. 1520,	1917
(1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations	1918
adopted thereunder.	1919

Sec. 125.18. (A) There is hereby established the office of	1920
information technology ~~housed~~ within the department of	1921
administrative services. The office shall be under the supervision	1922
of a state chief information officer to be appointed by the	1923
~~governor~~director of administrative services and subject to	1924
removal at the pleasure of the ~~governor~~director. The chief	1925
information officer ~~shall serve as the~~is an assistant director of	1926
~~the office~~administrative services.	1927

(B) ~~The director of the office of information technology~~	1928
~~shall advise the governor regarding the superintendence and~~	1929
~~implementation of statewide information technology policy.~~	1930

~~(C) The director of the office of information technology~~	1931
Under the direction of the director of administrative services,	1932
the state chief information officer shall lead, oversee, and	1933
direct state agency activities related to information technology	1934
development and use. In that regard, the ~~director~~state chief	1935
information officer shall do all of the following:	1936

(1) Coordinate and superintend statewide efforts to promote	1937
common use and development of technology by state agencies. The	1938
office of information technology shall establish policies and	1939
standards that govern and direct state agency participation in	1940
statewide programs and initiatives.	1941

(2) Establish policies and standards for the acquisition and	1942
use of information technology by state agencies, including, but	1943
not limited to, hardware, software, technology services, and	1944
security, with which state agencies shall comply;	1945

(3) Establish criteria and review processes to identify state	1946
agency information technology projects or purchases that require	1947
alignment or oversight. As appropriate, the ~~office of information~~	1948
~~technology~~department of administrative services shall provide	1949
the governor and the director of budget and management with	1950
notice and advice regarding the appropriate allocation of	1951
resources for those projects. The ~~director of the office of~~	1952
~~information technology~~state chief information officer may require	1953
state agencies to provide, and may prescribe the form and manner	1954
by which they must provide, information to fulfill the ~~director's~~	1955
state chief information officer's alignment and oversight role;	1956

(4) Establish policies and procedures for the security of	1957
personal information that is maintained and destroyed by state	1958
agencies;	1959

(5) Employ a chief information security officer who is	1960
responsible for the implementation of the policies and procedures	1961
described in division ~~(C)~~(B)(4) of this section and for	1962
coordinating the implementation of those policies and procedures	1963
in all of the state agencies;	1964

(6) Employ a chief privacy officer who is responsible for	1965
advising ~~the office of information technology and~~ state agencies	1966
when establishing policies and procedures for the security of	1967
personal information and developing education and training	1968
programs regarding the state's security procedures.	1969

~~(D)~~(C)(1) The chief information security officer shall	1970
assist each state agency with the development of an information	1971
technology security strategic plan and review that plan, and each	1972
state agency shall submit that plan to the ~~office of information~~	1973
~~technology~~state chief information officer. The chief information	1974
security officer may require that each state agency update its	1975
information technology security strategic plan annually as	1976
determined by the state chief information officer.	1977

(2) Prior to the implementation of any information technology	1978
data system, a state agency shall prepare or have prepared a	1979
privacy impact statement for that system.	1980

~~(E) The office of information technology shall have the same~~	1981
~~authority given to the department of administrative services~~	1982
~~under sections 125.01, 125.02, 125.023, 125.04, 125.05, 125.06,~~	1983
~~125.07, 125.071, 125.072, 125.081, 125.09, 125.10, 125.11, and~~	1984
~~125.25 of the Revised Code for the purchase of information~~	1985
~~technology supplies and services for state agencies.~~	1986

~~(F)~~(D) When a state agency requests a purchase of information	1987
technology supplies or services under Chapter 125. of the Revised	1988
Code, the state chief information officer may review and reject	1989
the requested purchase for noncompliance with information	1990
technology direction, plans, policies, standards, or	1991
project-alignment criteria.	1992

(E) The office of information technology may ~~make contracts~~	1993
~~for,~~ operate~~, and superintend~~ technology ~~supplies and~~ services	1994
for state agencies in accordance with this chapter.	1995

~~(G) The~~(F) With the approval of the director of	1996
administrative services, the office of information technology may	1997
establish cooperative agreements with federal and local	1998
government agencies and state agencies that are not under the	1999
authority of the governor for the provision of technology	2000
services and the development of technology projects.	2001

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

2002

(1) "Personal information" has the same meaning as in section	2003
149.45 of the Revised Code.	2004

(2) "State agency" means every organized body, office, or	2005
agency established by the laws of the state for the exercise of	2006
any function of state government, other than any state-supported	2007
institution of higher education, the office of the auditor of	2008
state, treasurer of state, secretary of state, or attorney	2009
general, the adjutant general's department, the bureau of workers'	2010
compensation, the industrial commission, the public employees	2011
retirement system, the Ohio police and fire pension fund, the	2012
state teachers retirement system, the school employees retirement	2013
system, the state highway patrol retirement system, the general	2014
assembly or any legislative agency, or the courts or any judicial	2015
agency.	2016

Sec. 125.25. (A) The director of administrative services may	2017
debar a vendor from consideration for contract awards upon a	2018
finding based upon a reasonable belief that the vendor has done	2019
any of the following:	2020

(1) Abused the selection process by repeatedly withdrawing	2021
bids or proposals before purchase orders or contracts are issued	2022
or failing to accept orders based upon firm bids;	2023

(2) Failed to substantially perform a contract according to	2024
its terms, conditions, and specifications within specified time	2025
limits;	2026

(3) Failed to cooperate in monitoring contract performance by	2027
refusing to provide information or documents required in a	2028
contract, failed to respond to complaints to the vendor, or	2029
accumulated repeated justified complaints regarding performance of	2030
a contract;	2031

(4) Attempted to influence a public employee to breach	2032
ethical conduct standards or to influence a contract award;	2033

(5) Colluded to restrain competition by any means;

2034

(6) Been convicted of a criminal offense related to the	2035
application for or performance of any public or private contract,	2036
including, but not limited to, embezzlement, theft, forgery,	2037
bribery, falsification or destruction of records, receiving stolen	2038
property, and any other offense that directly reflects on the	2039
vendor's business integrity;	2040

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

2041

(8) Deliberately or willfully submitted false or misleading	2042
information in connection with the application for or performance	2043
of a public contract;	2044

(9) Violated any other responsible business practice or	2045
performed in an unsatisfactory manner as determined by the	2046
director;	2047

(10) Through the default of a contract or through other means	2048
had a determination of unresolved finding for recovery by the	2049
auditor of state under section 9.24 of the Revised Code;	2050

(11) Acted in such a manner as to be debarred from	2051
participating in a contract with any governmental agency.	2052

(B) When the director reasonably believes that grounds for	2053
debarment exist, the director shall send the vendor a notice of	2054
proposed debarment indicating the grounds for the proposed	2055
debarment and the procedure for requesting a hearing on the	2056
proposed debarment. The hearing shall be conducted in accordance	2057
with Chapter 119. of the Revised Code. If the vendor does not	2058
respond with a request for a hearing in the manner specified in	2059
Chapter 119. of the Revised Code, the director shall issue the	2060
debarment decision without a hearing and shall notify the vendor	2061
of the decision by certified mail, return receipt requested.	2062

(C) The director shall determine the length of the debarment	2063
period and may rescind the debarment at any time upon notification	2064
to the vendor. During the period of debarment, the vendor is not	2065
eligible to participate in any state contract. After the debarment	2066
period expires, the vendor shall be eligible to be awarded	2067
contracts by state agencies.	2068

(D) The director, through ~~the office of information~~	2069
~~technology and~~ the office of procurement services, shall maintain	2070
a list of all vendors currently debarred under this section.	2071

Sec. 133.08. (A) In addition to any power to issue	2072
securities under other provisions of the Revised Code for the	2073
purposes, a county may issue revenue securities as authorized in	2074
this section.	2075

(B) A county may issue revenue securities to fund or refund	2076
revenue securities previously issued, or for any purposes for	2077
which it could issue self-supporting securities and, without	2078
limitation, any of the following general purposes:	2079

(1) For one or more established sewer districts, any of the	2080
purposes provided in divisions (C)(2)(a) and (b) of section 133.07	2081
of the Revised Code;, including sanitary facilities, drainage	2082
facilities, and prevention or replacement facilities as defined in	2083
section 6117.01 of the Revised Code. For purposes of this chapter,	2084
those sanitary facilities, drainage facilities, and prevention or	2085
replacement facilities are hereby determined to qualify as	2086
facilities described in Section 13 of Article VIII, Ohio	2087
Constitution.	2088

(2) Hospital facilities as defined in division (E) of section	2089
140.01 of the Revised Code;	2090

(3) Facilities described in division (C)(10) of section	2091
133.07 of the Revised Code;	2092

(4) Off-street parking facilities pursuant to section 307.02	2093
of the Revised Code;	2094

(5) An arena, a convention center, or a combination of an	2095
arena and convention center under section 307.695 of the Revised	2096
Code.	2097

(C) The county shall establish rates or charges for the use,	2098
availability, or rental of the facilities to which the financing	2099
relates, being the improvement, enterprise, system, project, or	2100
categories of improvements or the operation or function that the	2101
facilities serve, which rates or charges shall be designed to	2102
provide revenues to the county sufficient to pay the costs of all	2103
current expenses of the facilities payable by the county and to	2104
pay the debt charges on the securities and to establish and	2105
maintain any contractually required special funds relating to the	2106
securities or the facilities.	2107

(D) Revenue securities issued under this section shall not be	2108
general obligations of the county. Revenue securities issued under	2109
this section shall be secured only by a pledge of and lien upon	2110
the revenues of the county, derived from its ownership or	2111
operation of the facilities, including those rates or charges or	2112
rents and any interest subsidies or debt charges, grants, or other	2113
payments by federal or state agencies available therefor, and the	2114
covenants of the county to maintain sufficient rentals, rates, and	2115
charges to produce revenues sufficient to pay all current expenses	2116
of the facilities payable by the county and to pay the debt	2117
charges on the securities and to establish and maintain any	2118
contractually required special funds relating to the securities or	2119
the facilities, and, if the securities are anticipatory	2120
securities, to issue the revenue securities in anticipation of the	2121
issuance of which the revenue securities are issued. Revenue	2122
securities may also be secured by a pledge of and lien on the	2123
proceeds of any securities issued to fund or refund those revenue	2124
securities.	2125

(E) The county officers authorized by the county taxing	2126
authority shall execute the necessary documents, including but not	2127
limited to trust agreements and leases, to provide for the pledge,	2128
protection, and disposition of the pledged revenues from which	2129
debt charges and any special fund deposits are to be paid.	2130

(F) As long as any of these revenue securities, in either	2131
original or refunded form, remain outstanding, except as otherwise	2132
provided in those documents, all parts of the facilities the	2133
revenues from which are pledged, shall remain under the control of	2134
the county taxing authority, whether any parts of the facilities	2135
are leased to or operated by others or are in or thereafter come	2136
within the boundaries of any municipal corporation, and the	2137
facilities shall remain subject to the power and duty of the	2138
taxing authority to fix and collect rates or charges or rents for	2139
the use of facilities.	2140

(G) The authority to issue securities of the county under	2141
this section for permanent improvements described in division	2142
(B)(2) of this section or division (C)(2)(d) of section 133.07 of	2143
the Revised Code may separately and independently be exercised by	2144
a board of county hospital trustees established under section	2145
339.02 of the Revised Code for those permanent improvements and	2146
related operations under the control of that board.	2147

(H) Sections 9.98 to 9.983 of the Revised Code apply to	2148
securities issued under this section, notwithstanding any other	2149
provision in this chapter.	2150

Sec. 133.52. A county, municipal corporation, or township may	2151
issue or incur public obligations, including general obligations,	2152
to provide, or assist in providing, grants, loans, loan	2153
guarantees, or contributions for conservation and revitalization	2154
purposes pursuant to Section 2o of Article VIII, Ohio	2155
Constitution.	2156

Sec. 135.101. As used in sections 135.101 to 135.106 of the	2157
Revised Code:	2158

(A) "Eligible resident" means an individual who is a resident	2159
of Ohio and who completes the SaveNOW education program prescribed	2160
by section 135.104 of the Revised Code.	2161

(B) "Eligible savings institution" means a financial	2162
institution that offers savings accounts available to residents of	2163
Ohio, that is a public depository of public money of the state	2164
under section 135.03 of the Revised Code, and that agrees to	2165
participate in the SaveNOW program under sections 135.101 to	2166
135.106 of the Revised Code.	2167

(C) "SaveNOW linked deposit" means a deposit placed by the	2168
treasurer of state with an eligible savings institution at a rate	2169
determined and calculated by the treasurer of state.	2170

(D) "SaveNOW savings account" means an interest-bearing	2171
account that is opened by an eligible resident at an eligible	2172
savings institution and that complies with the requirements of	2173
section 135.104 of the Revised Code.	2174

(E) "Premium savings rate" means the highest savings rate	2175
that is offered by an eligible savings institution for large	2176
deposits, as approved by and negotiated with the treasurer of	2177
state.	2178

(F) "Program period" means the length of time, not to exceed	2179
two years, established by the treasurer of state that a SaveNOW	2180
savings account is eligible to receive the SaveNOW interest	2181
incentive.	2182

Sec. 135.102. The general assembly finds that the personal	2183
savings rate among Ohioans has declined in recent years, that	2184
personal savings are important to the future prosperity of Ohio,	2185
and that personal savings must be encouraged and assisted. The	2186
SaveNOW program provided for in sections 135.101 to 135.106 of the	2187
Revised Code is intended to promote increased personal savings,	2188
which will materially contribute to the economic growth of Ohio	2189
and the financial security of its residents. Accordingly, it is	2190
declared to be the public policy of the state through the SaveNOW	2191
program to create an availability of higher-rate savings accounts	2192
for the purpose of increasing personal savings and promoting	2193
financial education among the residents of Ohio.	2194

Sec. 135.103. The treasurer of state may invest in SaveNOW	2195
linked deposits under sections 135.101 to 135.106 of the Revised	2196
Code, provided that at the time of placing any SaveNOW linked	2197
deposits the combined amount of investments of public money of the	2198
state in linked deposits of any kind is not more than twelve per	2199
cent of the state's total average investment portfolio as	2200
determined by the treasurer of state. When deciding whether to	2201
invest in SaveNOW linked deposits, the treasurer of state shall	2202
give priority to the investment, liquidity, and cash flow needs of	2203
the state.	2204

Sec. 135.104. (A) A resident of Ohio may participate in the	2205
SaveNOW program by agreeing to maintain a SaveNOW savings account	2206
at an eligible savings institution for the program period and by	2207
completing the SaveNOW education program. The SaveNOW education	2208
program shall include a financial literacy assessment and a	2209
financial literacy program established and administered by the	2210
treasurer of state.	2211

(B) An eligible savings institution shall accept applications	2212
for a SaveNOW savings account from eligible residents on a	2213
first-come, first-served basis on forms prescribed by the	2214
treasurer of state. The eligible savings institution shall offer	2215
to eligible residents a SaveNOW savings account that satisfies all	2216
of the following:	2217

(1) Opening and maintaining the account requires no minimum	2218
deposit;	2219

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

2220

(3) All deposits in the account earn at least the premium	2221
savings rate.	2222

(C) To provide an additional incentive for saving, a SaveNOW	2223
incentive rate of interest shall accrue to the average daily	2224
balance of deposits, up to five thousand dollars, in a SaveNOW	2225
savings account during the program period at a rate equal to up to	2226
three percentage points above the premium savings rate. The	2227
interest earnings arising from the SaveNOW incentive rate of	2228
interest shall be credited to the account in a lump sum at the	2229
conclusion of the program period.	2230

(D) The interest earnings arising from the SaveNOW incentive	2231
rate of interest under division (C) of this section shall be	2232
deducted from the interest earned on the state's SaveNOW linked	2233
deposit at the end of the eligible program period.	2234

(E) Not more than one SaveNOW savings account shall be held	2235
by an eligible resident during a program period. An individual	2236
holding a SaveNOW savings account jointly with another individual	2237
shall be considered to be holding such an account for the purposes	2238
of this division, unless the joint ownership is of an account	2239
opened by a parent, grandparent, or guardian for a minor or for a	2240
dependent adult.	2241

Sec. 135.105. (A) Upon the placement of a SaveNOW linked	2242
deposit with an eligible savings institution, the institution	2243
shall offer SaveNOW savings accounts to eligible residents under	2244
section 135.104 of the Revised Code. A certification of compliance	2245
with this section in the form and manner prescribed by the	2246
treasurer of state shall be required of the eligible savings	2247
institution.	2248

(B) The treasurer of state shall take any and all steps	2249
necessary to implement the SaveNOW program and to monitor the	2250
compliance of eligible savings institutions, including the	2251
development of guidelines as necessary.	2252

(C) Annually, by the first day of February, the treasurer of	2253
state shall report on the SaveNOW program for the preceding	2254
calendar year to the governor, the speaker of the house of	2255
representatives, and the president of the senate. The speaker	2256
shall transmit copies of the report to the chairpersons of the	2257
standing committees of the house of representatives that	2258
customarily consider legislation regarding finance, and the	2259
president of the senate shall transmit copies of the report to the	2260
chairpersons of the standing committees of the senate that	2261
customarily consider legislation regarding finance. The report	2262
shall set forth the SaveNOW linked deposits made by the treasurer	2263
of state under the program during the year and shall include a	2264
list of eligible savings institutions and the number of SaveNOW	2265
savings accounts at each of those institutions during the	2266
preceding year.	2267

Sec. 135.106. The state and the treasurer of state are not	2268
liable to any eligible savings institution or any eligible	2269
resident in any manner for the terms associated with SaveNOW	2270
savings accounts. Any misuse or misconduct on the part of an	2271
eligible savings institution or eligible resident does not in any	2272
manner affect the deposit agreement between the eligible savings	2273
institution and the treasurer of state.	2274

Sec. 135.61. As used in sections 135.61 to 135.67 of the	2275
Revised Code:	2276

(A) "Eligible small business" means any person, including,	2277
but not limited to a person engaged in agriculture, that has all	2278
of the following characteristics:	2279

(1) Is headquartered in this state;

2280

(2) Maintains offices and operating facilities exclusively in	2281
this state and transacts business in this state;	2282

(3) Employs fewer than one hundred fifty employees, the	2283
majority of whom are residents of this state;	2284

(4) Is organized for profit.

2285

(B) "Eligible lending institution" means a financial	2286
institution that is eligible to make commercial loans, is a public	2287
depository of state funds under section 135.03 of the Revised	2288
Code, and agrees to participate in the linked deposit program.	2289

(C) "Linked deposit" means a certificate of deposit placed by	2290
the treasurer of state with an eligible lending institution at up	2291
~~to three per cent~~a rate below current market rates, as determined	2292
and calculated by the treasurer of state, provided the institution	2293
agrees to lend the value of such deposit, according to the deposit	2294
agreement provided in division (C) of section 135.65 of the	2295
Revised Code, to eligible small businesses at ~~three per cent~~a	2296
rate that reflects an equal percentage rate reduction below the	2297
present borrowing rate applicable to each specific business at the	2298
time of the deposit of state funds in the institution.	2299

Sec. 135.63. The treasurer of state may invest in linked	2300
deposits under sections 135.61 to 135.67, agricultural linked	2301
deposits under sections 135.71 to 135.76, housing linked deposits	2302
under sections 135.81 to 135.87, ~~and~~ assistive technology device	2303
linked deposits under sections 135.91 to 135.97, and SaveNOW	2304
linked deposits under sections 135.101 to 135.106 of the Revised	2305
Code, provided that at the time of placement of any such linked	2306
deposit ~~under sections 135.61 to 135.67 of the Revised Code,~~	2307
~~agricultural linked deposit, housing linked deposit, or assistive~~	2308
~~technology device linked deposit,~~ the combined amount of	2309
investments in ~~the linked deposits, agricultural linked deposits,~~	2310
~~housing linked deposits, and assistive technology device~~all such	2311
linked deposits is not more than twelve per cent of the state's	2312
total average investment portfolio as determined by the treasurer	2313
of state. When deciding whether to invest in ~~the linked deposits,~~	2314
~~agricultural linked deposits, housing linked deposits, or~~	2315
~~assistive technology device~~any such linked deposits, the	2316
treasurer of state shall give priority to the investment,	2317
liquidity, and cash flow needs of the state.	2318

Sec. 135.65. (A) The treasurer of state may accept or reject	2319
a linked deposit loan package or any portion thereof, based on the	2320
treasurer's evaluation of the eligible small businesses included	2321
in the package and the amount of state funds to be deposited. When	2322
evaluating the eligible small businesses, the treasurer shall give	2323
priority to the economic needs of the area where the business is	2324
located and the ratio of state funds to be deposited to jobs	2325
sustained or created and shall also consider any reports,	2326
statements, or plans applicable to the business, the overall	2327
financial need of the business, and such other factors as the	2328
treasurer considers appropriate.	2329

(B) Upon acceptance of the linked deposit loan package or any	2330
portion thereof, the treasurer of state may place certificates of	2331
deposit with the eligible lending institution at ~~three per cent~~a	2332
rate below current market rates, as determined and calculated by	2333
the treasurer of state. When necessary, the treasurer may place	2334
certificates of deposit prior to acceptance of a linked deposit	2335
loan package.	2336

(C) The eligible lending institution shall enter into a	2337
deposit agreement with the treasurer of state, which shall include	2338
requirements necessary to carry out the purposes of sections	2339
135.61 to 135.67 of the Revised Code. Such requirements shall	2340
reflect the market conditions prevailing in the eligible lending	2341
institution's lending area. The agreement may include a	2342
specification of the period of time in which the lending	2343
institution is to lend funds upon the placement of a linked	2344
deposit, and shall include provisions for the certificates of	2345
deposit to be placed for any maturity considered appropriate by	2346
the treasurer of state not to exceed two years, and may be renewed	2347
for up to an additional two years at the option of the treasurer.	2348
Interest shall be paid at the times determined by the treasurer of	2349
state.	2350

(D) Eligible lending institutions shall comply fully with	2351
Chapter 135. of the Revised Code.	2352

Sec. 135.66. (A) Upon the placement of a linked deposit with	2353
an eligible lending institution, such institution is required to	2354
lend such funds to each approved eligible small business listed in	2355
the linked deposit loan package required by division (D) of	2356
section 135.64 of the Revised Code and in accordance with the	2357
deposit agreement required by division (C) of section 135.65 of	2358
the Revised Code. The loan shall be at ~~three per cent~~a rate that	2359
reflects a percentage rate reduction below the present borrowing	2360
rate applicable to each business that is equal to the percentage	2361
rate reduction below market rates at which the certificate of	2362
deposits that constitute the linked deposit were placed. A	2363
certification of compliance with this section in the form and	2364
manner as prescribed by the treasurer of state shall be required	2365
of the eligible lending institution.	2366

(B) The treasurer of state shall take any and all steps	2367
necessary to implement the linked deposit program and monitor	2368
compliance of eligible lending institutions and eligible small	2369
businesses, including the development of guidelines as necessary.	2370
The treasurer of state and the department of development shall	2371
notify each other at least quarterly of the names of the	2372
businesses receiving financial assistance from their respective	2373
programs.	2374

Annually, by the first day of February, the treasurer of	2375
state shall report on the linked deposits program for the	2376
preceding calendar year to the governor, the speaker of the house	2377
of representatives, and the president of the senate. The speaker	2378
of the house shall transmit copies of this report to the ~~chairmen~~	2379
chairpersons of the standing committees in the house which	2380
customarily consider legislation regarding agriculture and small	2381
business, and the president of the senate shall transmit copies of	2382
this report to the ~~chairmen~~chairpersons of the standing	2383
committees in the senate which customarily consider legislation	2384
regarding agriculture and small business. The report shall set	2385
forth the linked deposits made by the treasurer of state under the	2386
program during the year and shall include information regarding	2387
the nature, terms, and amounts of the loans upon which the linked	2388
deposits were based and the eligible small businesses to which the	2389
loans were made.	2390

Sec. 145.47. (A) Each public employee who is a contributor	2391
to the public employees retirement system shall contribute eight	2392
per cent of the contributor's earnable salary to the employees'	2393
savings fund, except that the public employees retirement board	2394
may raise the contribution rate to a rate not greater than ten per	2395
cent of the employee's earnable salary.	2396

(B) The head of each state department, institution, board,	2397
and commission, and the fiscal officer of each local authority	2398
subject to this chapter, shall deduct from the earnable salary of	2399
each contributor on every payroll of such contributor for each	2400
payroll period subsequent to the date of coverage, an amount equal	2401
to the applicable per cent of the contributor's earnable salary.	2402
The head of each state department and the fiscal officer of each	2403
local authority subject to this chapter shall transmit promptly to	2404
the system a report of contributions at such intervals and in such	2405
form as the system shall require, showing thereon all deductions	2406
for the system made from the earnable salary of each contributor	2407
employed, together with warrants or, checks, or electronic	2408
payments covering the total of such deductions. A penalty ~~of five~~	2409
~~per cent of the total amount due for the particular reporting~~	2410
~~period~~ shall be added when such report, together with warrants or,	2411
checks, or electronic payments to cover the total amount due from	2412
the earnable salary of all amenable employees of such employer, is	2413
filed thirty or more days after the last day of such reporting	2414
period. ~~Such~~The system, after making a record of all receipts	2415
under this division, shall deposit the receipts with the treasurer	2416
of state for use as provided by this chapter.	2417

(C) Unless the board adopts a rule under division (D) of this	2418
section, the penalty described in division (B) of this section for	2419
failing to timely transmit a report, pay the total amount due, or	2420
both is as follows:	2421

(1) At least one but not more than ten days past due, an	2422
amount equal to one per cent of the total amount due;	2423

(2) At least eleven but not more than thirty days past due,	2424
an amount equal to two and one-half per cent of the total amount	2425
due;	2426

(3) Thirty-one or more days past due, an amount equal to five	2427
per cent of the total amount due.	2428

The penalty described in this division shall be added to and	2429
collected on the next succeeding regular employer billing.	2430
Interest at a rate set by the retirement board shall be charged on	2431
the amount of the penalty in case such penalty is not paid within	2432
~~three months~~thirty days after it is added to the regular employer	2433
billing. ~~The system, after making a record of all such receipts,~~	2434
~~shall deposit them with the treasurer of state for use as provided~~	2435
~~by this chapter. In~~	2436

(D) The board may adopt rules to establish penalties in	2437
amounts that do not exceed the amounts specified in divisions	2438
(C)(1) to (3) of this section.	2439

(E) In addition to the periodical reports of deduction	2440
required by this section, the fiscal officer of each local	2441
authority subject to this chapter shall submit to the system at	2442
least once each year a complete listing of all noncontributing	2443
appointive employees. Where an employer fails to transmit	2444
contributions to the system, the system may make a determination	2445
of the employees' liability for contributions and certify to the	2446
employer the amounts due for collection in the same manner as	2447
payments due the employers' accumulation fund. Any amounts so	2448
collected shall be held in trust pending receipt of a report of	2449
contributions for such public employees for the period involved as	2450
provided by law and, thereafter, the amount in trust shall be	2451
transferred to the employees' savings fund to the credit of the	2452
employees. Any amount remaining after the transfer to the	2453
employees' savings fund shall be transferred to the employers'	2454
accumulation fund as a credit of such employer. ~~The~~	2455

(F) The fiscal officer of each local authority subject to	2456
this chapter shall require each new contributor to submit to the	2457
system a detailed report of all the contributor's previous service	2458
as a public employee along with such other facts as the board	2459
requires for the proper operation of the system.	2460

(G) Any member who, because of the member's own illness,	2461
injury, or other reason which may be approved by the member's	2462
employer is prevented from making the member's contribution to the	2463
system for any payroll period, may pay such deductions as a back	2464
payment within one year.	2465

Sec. 149.30. The Ohio historical society, chartered by this	2466
state as a corporation not for profit to promote a knowledge of	2467
history and archaeology, especially of Ohio, and operated	2468
continuously in the public interest since 1885, may perform public	2469
functions as prescribed by law.	2470

The general assembly may appropriate money to the Ohio	2471
historical society each biennium to carry out the public functions	2472
of the society as enumerated in this section. An appropriation by	2473
the general assembly to the society constitutes an offer to	2474
contract with the society to carry out those public functions for	2475
which appropriations are made. An acceptance by the society of the	2476
appropriated funds constitutes an acceptance by the society of the	2477
offer and is considered an agreement by the society to perform	2478
those functions in accordance with the terms of the appropriation	2479
and the law and to expend the funds only for the purposes for	2480
which appropriated. The governor may request on behalf of the	2481
society, and the controlling board may release, additional funds	2482
to the society for survey, salvage, repair, or rehabilitation of	2483
an emergency nature for which funds have not been appropriated,	2484
and acceptance by the society of those funds constitutes an	2485
agreement on the part of the society to expend those funds only	2486
for the purpose for which released by the controlling board.	2487

The society shall faithfully expend and apply all moneys	2488
received from the state to the uses and purposes directed by law	2489
and for necessary administrative expenses. If the general assembly	2490
appropriates money to the society for grants or subsidies to other	2491
entities for their site-related programs, the society, except for	2492
good cause, shall distribute the money within ninety days of	2493
accepting a grant or subsidy application for the money.	2494

The society shall perform the public function of sending	2495
notice by certified mail to the owner of any property at the time	2496
it is listed on the national register of historic places. The	2497
society shall accurately record all expenditures of such funds in	2498
conformity with generally accepted accounting principles.	2499

The auditor of state shall audit all funds and fiscal records	2500
of the society.	2501

The public functions to be performed by the Ohio historical	2502
society shall include all of the following:	2503

(A) Creating, supervising, operating, protecting,	2504
maintaining, and promoting for public use a system of state	2505
memorials, titles to which may reside wholly or in part with this	2506
state or wholly or in part with the society as provided in and in	2507
conformity to appropriate acts and resolves of the general	2508
assembly, and leasing for renewable periods of two years or less,	2509
with the advice and consent of the attorney general and the	2510
director of administrative services, lands and buildings owned by	2511
the state which are in the care, custody, and control of the	2512
society, all of which shall be maintained and kept for public use	2513
at reasonable hours;	2514

(B) Making alterations and improvements, marking, and	2515
constructing, reconstructing, protecting, or restoring structures,	2516
earthworks, and monuments in its care, and equipping such	2517
facilities with appropriate educational maintenance facilities;	2518

(C) Serving as the archives administration for the state and	2519
its political subdivisions as provided in sections 149.31 to	2520
149.42 of the Revised Code;	2521

(D) Administering a state historical museum, to be the	2522
headquarters of the society and its principal museum and library,	2523
which shall be maintained and kept for public use at reasonable	2524
hours;	2525

(E) Establishing a marking system to identify all designated	2526
historic and archaeological sites within the state and marking or	2527
causing to be marked historic sites and communities considered by	2528
the society to be historically or archaeologically significant;	2529

(F) Publishing books, pamphlets, periodicals, and other	2530
publications about history, archaeology, and natural science and	2531
offering one copy of each regular periodical issue to all public	2532
libraries in this state at a reasonable price, which shall not	2533
exceed one hundred ten per cent more than the total cost of	2534
publication;	2535

(G) Engaging in research in history, archaeology, and natural	2536
science and providing historical information upon request to all	2537
state agencies;	2538

(H) Collecting, preserving, and making available by all	2539
appropriate means and under approved safeguards all manuscript,	2540
print, or near-print library collections and all historical	2541
objects, specimens, and artifacts which pertain to the history of	2542
Ohio and its people, including the following original documents:	2543
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed	2544
Ohio Constitution of 1875; design and the letters of patent and	2545
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.	2546
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);	2547
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28	2548
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);	2549
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition	2550
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40	2551
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);	2552
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);	2553
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6	2554
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48	2555
(1947);	2556

(I) Encouraging and promoting the organization and	2557
development of county and local historical societies;	2558

(J) Providing to Ohio schools such materials as the society	2559
may prepare to facilitate the instruction of Ohio history at a	2560
reasonable price, which shall not exceed one hundred ten per cent	2561
more than the total cost of preparation and delivery;	2562

(K) Providing advisory and technical assistance to local	2563
societies for the preservation and restoration of historic and	2564
archaeological sites;	2565

(L) Devising uniform criteria for the designation of historic	2566
and archaeological sites throughout the state and advising local	2567
historical societies of the criteria and their application;	2568

(M) Taking inventory, in cooperation with the Ohio arts	2569
council, the Ohio archaeological council, and the archaeological	2570
society of Ohio, of significant designated and undesignated state	2571
and local sites and keeping an active registry of all designated	2572
sites within the state;	2573

(N) Contracting with the owners or persons having an interest	2574
in designated historic or archaeological sites or property	2575
adjacent or contiguous to those sites, or acquiring, by purchase,	2576
gift, or devise, easements in those sites or in property adjacent	2577
or contiguous to those sites, in order to control or restrict the	2578
use of those historic or archaeological sites or adjacent or	2579
contiguous property for the purpose of restoring or preserving the	2580
historical or archaeological significance or educational value of	2581
those sites;	2582

(O) Constructing a monument honoring Governor James A.	2583
Rhodes, which shall stand on the northeast quadrant of the grounds	2584
surrounding the capitol building. The monument shall be	2585
constructed with private funds donated to the Ohio historical	2586
society and designated for this purpose. No public funds shall be	2587
expended to construct this monument. The department of	2588
administrative services shall cooperate with the Ohio historical	2589
society in carrying out this function and shall maintain the	2590
monument in a manner compatible with the grounds of the capitol	2591
building.	2592

(P) Commissioning a portrait of each departing governor,	2593
which shall be displayed in the capitol building. The Ohio	2594
historical society may accept private contributions designated for	2595
this purpose and, at the discretion of its board of trustees, also	2596
may apply for the same purpose funds appropriated by the general	2597
assembly to the society pursuant to this section.	2598

(Q) ~~Planning and developing a center at the capitol building~~	2599
~~for the purpose of educating visitors about the history of Ohio,~~	2600
~~including its political, economic, and social development and the~~	2601
~~design and erection of the capitol building and its grounds. The~~	2602
~~Ohio historical society may accept contributions of private moneys~~	2603
~~and in-kind services designated for this purpose and may, at the~~	2604
~~discretion of its board of trustees, also apply, for the same~~	2605
~~purpose, personnel and other resources paid in whole or in part by~~	2606
~~its state subsidy.~~	2607

~~(R)~~ Submitting an annual report of its activities, programs,	2608
and operations to the governor within two months after the close	2609
of each fiscal year of the state.	2610

The society shall not sell, mortgage, transfer, or dispose of	2611
historical or archaeological sites to which it has title and in	2612
which the state has monetary interest except by action of the	2613
general assembly.	2614

In consideration of the public functions performed by the	2615
Ohio historical society for the state, employees of the society	2616
shall be considered public employees within the meaning of section	2617
145.01 of the Revised Code.	2618

Sec. 156.02. The director of administrative services may	2619
contract with ~~the office of energy efficiency in the department~~	2620
~~of development~~an energy services company, contractor, architect,	2621
professional engineer, or other person experienced in the design	2622
and implementation of energy conservation measures for a report	2623
containing an analysis and recommendations pertaining to the	2624
implementation of energy conservation measures that would	2625
significantly reduce energy consumption and operating costs in	2626
any buildings owned by the state and, upon request of its board	2627
of trustees or managing authority, any building owned by an	2628
institution of higher education as defined in section 3345.12 of	2629
the Revised Code. The report shall include estimates of all costs	2630
of such measures, including the costs of design, engineering,	2631
installation, maintenance, repairs, and debt service, and	2632
estimates of the amounts by which energy consumption and	2633
operating costs would be reduced.	2634

Sec. 165.01. As used in this chapter:

2635

(A) "Agency" means a community improvement corporation	2636
organized under Chapter 1724. of the Revised Code and designated,	2637
pursuant to section 1724.10 of the Revised Code, as the agency of	2638
a municipal corporation or county.	2639

(B) "Bonds" means bonds, notes, or other forms of evidences	2640
of obligation issued in temporary or definitive form, including	2641
notes issued in anticipation of the issuance of bonds and renewal	2642
notes. The funding of bond anticipation notes with bonds or	2643
renewal notes and the exchange of definitive bonds for temporary	2644
bonds are not subject to section 165.07 of the Revised Code.	2645

(C) "Bond proceedings" means the resolution or ordinance or	2646
the trust agreement or indenture of mortgage, or combination	2647
thereof, authorizing or providing for the terms and conditions	2648
applicable to bonds issued under authority of this chapter.	2649

(D) "Issuer" means the state, or a county or municipal	2650
corporation of this state which county or municipal corporation	2651
has, pursuant to section 1724.10 of the Revised Code, designated a	2652
community improvement corporation as its agency for industrial,	2653
commercial, distribution, and research development and for which a	2654
plan has been prepared by such community improvement corporation	2655
and confirmed by its issuing authority.	2656

(E) "Issuing authority" means in the case of the state, the	2657
director of development; in the case of a municipal corporation,	2658
the legislative authority thereof; and in the case of a county,	2659
the board of county commissioners or whatever officers, board,	2660
commission, council, or other body might succeed to the	2661
legislative powers of the commissioners.	2662

(F) "Plan" means a plan prepared by the agency pursuant to	2663
section 1724.10 of the Revised Code, and confirmed by the issuing	2664
authority of a municipal corporation or county.	2665

(G) "Pledged facilities" means the project or projects	2666
mortgaged or the rentals, revenues, and other income, charges, and	2667
moneys from which are pledged, or both, for the payment of the	2668
principal of and interest on the bonds issued under authority of	2669
section 165.03 of the Revised Code, and includes a project for	2670
which a loan has been made under authority of this chapter, in	2671
which case, references in this chapter to revenues of such pledged	2672
facilities or from the disposition thereof includes payments made	2673
or to be made to or for the account of the issuer pursuant to such	2674
loan.	2675

(H) "Project" means real or personal property, or both,	2676
including undivided and other interests therein, acquired by gift	2677
or purchase, constructed, reconstructed, enlarged, improved,	2678
furnished, or equipped, or any combination thereof, by an issuer,	2679
or by others in whole or in part from the proceeds of a loan made	2680
by an issuer, for industry, commerce, distribution, or research	2681
and located within the boundaries of the issuer. "Project"	2682
includes sanitary facilities, drainage facilities, and prevention	2683
or replacement facilities as defined in section 6117.01 of the	2684
Revised Code. A project as defined in this division is hereby	2685
determined to qualify as facilities described in Section 13 of	2686
Article VIII, Ohio Constitution.	2687

(I) "Revenues" means the rentals, revenues, payments,	2688
repayments, income, charges, and moneys derived or to be derived	2689
from the use, lease, sublease, rental, sale, including installment	2690
sale or conditional sale, or other disposition of pledged	2691
facilities, or derived or to be derived pursuant to a loan made	2692
for a project, bond proceeds to the extent provided in the bond	2693
proceedings for the payment of principal of, or premium, if any,	2694
or interest on the bonds, proceeds from any insurance,	2695
condemnation or guaranty pertaining to pledged facilities or the	2696
financing thereof, and income and profit from the investment of	2697
the proceeds of bonds or of any revenues.	2698

(J) "Security interest" means a mortgage, lien, or other	2699
encumbrance on, or pledge or assignment of, or other security	2700
interest with respect to all or any part of pledged facilities,	2701
revenues, reserve funds, or other funds established under the bond	2702
proceedings, or on, of, or with respect to, a lease, sublease,	2703
sale, conditional sale or installment sale agreement, loan	2704
agreement, or any other agreement pertaining to the lease,	2705
sublease, sale, or other disposition of a project or pertaining to	2706
a loan made for a project, or any guaranty or insurance agreement	2707
made with respect thereto, or any interest of the issuer therein,	2708
or any other interest granted, assigned, or released to secure	2709
payments of the principal of, premium, if any, or interest on any	2710
bonds or to secure any other payments to be made by an issuer	2711
under the bond proceedings. Any security interest under this	2712
chapter may be prior or subordinate to or on a parity with any	2713
other mortgage, lien, encumbrance, pledge, assignment, or other	2714
security interest.	2715

Sec. 165.03. (A) An issuer may issue bonds for the purpose	2716
of providing moneys to acquire by purchase, construct,	2717
reconstruct, enlarge, improve, furnish, or equip one or more	2718
projects or parts thereof, or for any combination of such	2719
purposes, including providing moneys to make loans to others for	2720
such purposes. The issuing authority shall provide by resolution	2721
or ordinance for the issuance of such bonds. The bond proceedings	2722
may contain determinations by the issuing authority that the	2723
project to be financed thereunder is a project as defined in this	2724
chapter and is consistent with the purposes of Section 13 of	2725
Article VIII, Ohio Constitution, and such determinations shall be	2726
conclusive as to the validity and enforceability of the bonds	2727
issued under such bond proceedings and of such bond proceedings	2728
and security interests given and leases, subleases, sale	2729
agreements, loan agreements, and other agreements made in	2730
connection therewith, all in accordance with their terms.	2731

The principal of and interest on the bonds and all other	2732
payments required to be made by the bond proceedings shall be	2733
payable solely from the revenues and secured by security interests	2734
as provided in such bond proceedings. Bond anticipation notes may	2735
be secured, solely or additionally, by a covenant of the issuer	2736
that it will do all things necessary for the issuance of the bonds	2737
anticipated or renewal notes in appropriate amount and either	2738
exchange such bonds or renewal notes for such notes or apply the	2739
proceeds therefrom to the extent necessary to make full payment of	2740
the principal of and interest on such notes. The bond proceedings	2741
shall not obligate or pledge moneys raised by taxation.	2742

Bonds may be issued at one time or from time to time, shall	2743
be dated, shall mature at such time or times not exceeding thirty	2744
years from date of issue, and may be redeemable before maturity at	2745
such price or prices and under such terms and conditions, all as	2746
provided in the bond proceedings. The bonds shall bear interest at	2747
such rate or rates, or at a variable rate or rates changing from	2748
time to time in accordance with a base or formula, as provided in	2749
or authorized by the bond proceedings. The issuing authority shall	2750
determine the form of the bonds, fix their denominations and	2751
method of execution, and establish within or without the state a	2752
place or places for the payment of principal or interest.	2753

(B) The issuing authority may provide for sales of bonds at	2754
public or private sale as it deems most advantageous and for such	2755
prices, whether above or below the par value thereof, as it	2756
determines or within such limit or limits as it determines.	2757

(C) If the issuer is a county or municipal corporation, then,	2758
prior to the delivery of bonds issued under authority of this	2759
section, the issuing authority shall first have received from its	2760
agency a certification that a project to be financed by the	2761
issuance of such bonds is in accordance with the plan, except that	2762
no such certification is necessary if the project is a sanitary	2763
facility, drainage facility, or prevention or replacement facility	2764
as defined in section 6117.01 of the Revised Code. If the state is	2765
the issuer, then prior to the authorization of the bonds, the	2766
issuing authority of the state shall have received a written	2767
request for the issuance of the bonds from either the board of	2768
directors of a port authority created pursuant to the authority of	2769
section 4582.02 of the Revised Code if the project is within the	2770
jurisdiction of the port authority or from the issuing authority	2771
of the municipal corporation, if the project is within the	2772
boundaries of a municipal corporation, or of the county, if the	2773
project is within the unincorporated portion of the county, and if	2774
the project is to be located within a municipal corporation with a	2775
plan or in an unincorporated portion of the county with a plan,	2776
then prior to the delivery of bonds issued under this section, the	2777
issuing authority shall first have received from the agency of the	2778
municipal corporation if within its limits, or from the agency of	2779
the county if in unincorporated territory, a certification that	2780
such project is in accordance with its plan, except that no such	2781
certification is necessary if the request for issuance of the	2782
bonds is made by the port authority.	2783

(D) If the issuer is a county or municipal corporation, then,	2784
prior to the delivery of bonds issued under authority of this	2785
section, the issuing authority shall have caused a written notice	2786
to have been mailed by certified mail to the director of the	2787
department of development of the state advising such director of	2788
the proposed delivery of the bonds, the amount thereof, the	2789
proposed lessee, and a general description of the project or	2790
projects to be financed.	2791

(E) In case any officer who has signed any bonds or coupons	2792
pertaining thereto, or caused ~~his~~the officer's facsimile	2793
signature to be affixed thereto, ceases to be such officer before	2794
such bonds or coupons have been delivered, such bonds or coupons	2795
may, nevertheless, be issued and delivered as though the person	2796
who had signed the bonds or coupons or caused ~~his~~the person's	2797
facsimile signature to be affixed thereto had not ceased to be	2798
such officer. Any bonds or coupons may be executed on behalf of	2799
the issuer by an officer who, on the date of execution, is the	2800
proper officer although on the date of such bonds or coupons such	2801
person was not the proper officer.	2802

(F) All bonds issued under authority of this chapter,	2803
regardless of form or terms and regardless of any other law to the	2804
contrary, shall have all qualities and incidents of negotiable	2805
instruments, subject to provisions for registration, and may be	2806
issued in coupon, fully registered, or other form, or any	2807
combination thereof, as the issuing authority determines.	2808
Provision may be made for the registration of any coupon bonds as	2809
to principal alone or as to both principal and interest, and for	2810
the conversion into coupon bonds of any fully registered bonds or	2811
bonds registered as to both principal and interest.	2812

Sec. 303.12. (A)(1) Amendments to the zoning resolution may	2813
be initiated by motion of the county rural zoning commission, by	2814
the passage of a resolution by the board of county commissioners,	2815
or by the filing of an application by one or more of the owners or	2816
lessees of property within the area proposed to be changed or	2817
affected by the proposed amendment with the county rural zoning	2818
commission. The board of county commissioners may require that the	2819
owner or lessee of property filing an application to amend the	2820
zoning resolution pay a fee to defray the cost of advertising,	2821
mailing, filing with the county recorder, and other expenses. If	2822
the board of county commissioners requires such a fee, it shall be	2823
required generally, for each application. The board of county	2824
commissioners, upon the passage of such a resolution, shall	2825
certify it to the county rural zoning commission.	2826

(2) Upon the adoption of a motion by the county rural zoning	2827
commission, the certification of a resolution by the board of	2828
county commissioners to the commission, or the filing of an	2829
application by property owners or lessees as described in division	2830
(A)(1) of this section with the commission, the commission shall	2831
set a date for a public hearing, which date shall not be less than	2832
twenty nor more than forty days from the date of adoption of such	2833
a motion, the date of the certification of such a resolution, or	2834
the date of the filing of such an application. Notice of the	2835
hearing shall be given by the commission by one publication in one	2836
or more newspapers of general circulation in each township	2837
affected by the proposed amendment at least ten days before the	2838
date of the hearing.	2839

(B) If the proposed amendment intends to rezone or redistrict	2840
ten or fewer parcels of land, as listed on the county auditor's	2841
current tax list, written notice of the hearing shall be mailed by	2842
the county rural zoning commission, by first class mail, at least	2843
ten days before the date of the public hearing to all owners of	2844
property within and contiguous to and directly across the street	2845
from the area proposed to be rezoned or redistricted to the	2846
addresses of those owners appearing on the county auditor's	2847
current tax list. The failure of delivery of that notice shall not	2848
invalidate any such amendment.	2849

(C) If the proposed amendment intends to rezone or redistrict	2850
ten or fewer parcels of land as listed on the county auditor's	2851
current tax list, the published and mailed notices shall set forth	2852
the time, date, and place of the public hearing and include all of	2853
the following:	2854

(1) The name of the county rural zoning commission that will	2855
be conducting the hearing;	2856

(2) A statement indicating that the motion, resolution, or	2857
application is an amendment to the zoning resolution;	2858

(3) A list of the addresses of all properties to be rezoned	2859
or redistricted by the proposed amendment and of the names of	2860
owners of these properties, as they appear on the county auditor's	2861
current tax list;	2862

(4) The present zoning classification of property named in	2863
the proposed amendment and the proposed zoning classification of	2864
that property;	2865

(5) The time and place where the motion, resolution, or	2866
application proposing to amend the zoning resolution will be	2867
available for examination for a period of at least ten days prior	2868
to the hearing;	2869

(6) The name of the person responsible for giving notice of	2870
the public hearing by publication, by mail, or by both publication	2871
and mail;	2872

(7) A statement that, after the conclusion of the hearing,	2873
the matter will be submitted to the board of county commissioners	2874
for its action;	2875

(8) Any other information requested by the commission.

2876

(D) If the proposed amendment alters the text of the zoning	2877
resolution, or rezones or redistricts more than ten parcels of	2878
land as listed on the county auditor's current tax list, the	2879
published notice shall set forth the time, date, and place of the	2880
public hearing and include all of the following:	2881

(1) The name of the county rural zoning commission that will	2882
be conducting the hearing on the proposed amendment;	2883

(2) A statement indicating that the motion, application, or	2884
resolution is an amendment to the zoning resolution;	2885

(3) The time and place where the text and maps of the	2886
proposed amendment will be available for examination for a period	2887
of at least ten days prior to the hearing;	2888

(4) The name of the person responsible for giving notice of	2889
the hearing by publication;	2890

(5) A statement that, after the conclusion of the hearing,	2891
the matter will be submitted to the board of county commissioners	2892
for its action;	2893

(6) Any other information requested by the commission.

2894

Hearings shall be held in the county court house or in a	2895
public place designated by the commission.	2896

(E) Within five days after the adoption of the motion	2897
described in division (A) of this section, the certification of	2898
the resolution described in division (A) of this section, or the	2899
filing of the application described in division (A) of this	2900
section, the county rural zoning commission shall transmit a copy	2901
of it together with text and map pertaining to it to the county or	2902
regional planning commission, if there is such a commission.	2903

The county or regional planning commission shall recommend	2904
the approval or denial of the proposed amendment or the approval	2905
of some modification of it and shall submit its recommendation to	2906
the county rural zoning commission. The recommendation shall be	2907
considered at the public hearing held by the county rural zoning	2908
commission on the proposed amendment.	2909

The county rural zoning commission, within thirty days after	2910
the hearing, shall recommend the approval or denial of the	2911
proposed amendment, or the approval of some modification of it,	2912
and shall submit that recommendation together with the motion,	2913
application, or resolution involved, the text and map pertaining	2914
to the proposed amendment, and the recommendation of the county or	2915
regional planning commission on it to the board of county	2916
commissioners.	2917

The board of county commissioners, upon receipt of that	2918
recommendation, shall set a time for a public hearing on the	2919
proposed amendment, which date shall be not more than thirty days	2920
from the date of the receipt of that recommendation. Notice of the	2921
hearing shall be given by the board by one publication in one or	2922
more newspapers of general circulation in the county, at least ten	2923
days before the date of the hearing.	2924

(F) If the proposed amendment intends to rezone or redistrict	2925
ten or fewer parcels of land as listed on the county auditor's	2926
current tax list, the published notice shall set forth the time,	2927
date, and place of the public hearing and include all of the	2928
following:	2929

(1) The name of the board of county commissioners that will	2930
be conducting the hearing;	2931

(2) A statement indicating that the motion, application, or	2932
resolution is an amendment to the zoning resolution;	2933

(3) A list of the addresses of all properties to be rezoned	2934
or redistricted by the proposed amendment and of the names of	2935
owners of those properties, as they appear on the county auditor's	2936
current tax list;	2937

(4) The present zoning classification of property named in	2938
the proposed amendment and the proposed zoning classification of	2939
that property;	2940

(5) The time and place where the motion, application, or	2941
resolution proposing to amend the zoning resolution will be	2942
available for examination for a period of at least ten days prior	2943
to the hearing;	2944

(6) The name of the person responsible for giving notice of	2945
the hearing by publication, by mail, or by both publication and	2946
mail;	2947

(7) Any other information requested by the board.

2948

(G) If the proposed amendment alters the text of the zoning	2949
resolution, or rezones or redistricts more than ten parcels of	2950
land as listed on the county auditor's current tax list, the	2951
published notice shall set forth the time, date, and place of the	2952
public hearing and include all of the following:	2953

(1) The name of the board of county commissioners that will	2954
be conducting the hearing on the proposed amendment;	2955

(2) A statement indicating that the motion, application, or	2956
resolution is an amendment to the zoning resolution;	2957

(3) The time and place where the text and maps of the	2958
proposed amendment will be available for examination for a period	2959
of at least ten days prior to the hearing;	2960

(4) The name of the person responsible for giving notice of	2961
the hearing by publication;	2962

(5) Any other information requested by the board.

2963

(H) Within twenty days after its public hearing, the board of	2964
county commissioners shall either adopt or deny the recommendation	2965
of the county rural zoning commission or adopt some modification	2966
of it. If the board denies or modifies the commission's	2967
recommendation, ~~the unanimous~~a majority vote of the board shall	2968
be required.	2969

The proposed amendment, if adopted by the board, shall become	2970
effective in thirty days after the date of its adoption, unless,	2971
within thirty days after the adoption, there is presented to the	2972
board of county commissioners a petition, signed by a number of	2973
qualified voters residing in the unincorporated area of the	2974
township or part of that unincorporated area included in the	2975
zoning plan equal to not less than eight per cent of the total	2976
vote cast for all candidates for governor in that area at the most	2977
recent general election at which a governor was elected,	2978
requesting the board to submit the amendment to the electors of	2979
that area for approval or rejection at a special election to be	2980
held on the day of the next primary or general election. Each part	2981
of this petition shall contain the number and the full and correct	2982
title, if any, of the zoning amendment resolution, motion, or	2983
application, furnishing the name by which the amendment is known	2984
and a brief summary of its contents. In addition to meeting the	2985
requirements of this section, each petition shall be governed by	2986
the rules specified in section 3501.38 of the Revised Code.	2987

The form of a petition calling for a zoning referendum and	2988
the statement of the circulator shall be substantially as follows:	2989

"PETITION FOR ZONING REFERENDUM	2990

(if the proposal is identified by a particular name or number, or	2991
both, these should be inserted here) ........................	2992

A proposal to amend the zoning map of the unincorporated area	2993
of .............. Township, ................... County, Ohio,	2994
adopted ....... (date) .......... (followed by brief summary of	2995
the proposal).	2996

To the Board of County Commissioners of ..................	2997
County, Ohio:	2998

We, the undersigned, being electors residing in the	2999
unincorporated area of ............... Township, included within	3000
the ................. County Zoning Plan, equal to not less than	3001
eight per cent of the total vote cast for all candidates for	3002
governor in the area at the preceding general election at which a	3003
governor was elected, request the Board of County Commissioners to	3004
submit this amendment of the zoning resolution to the electors of	3005
............. Township residing within the unincorporated area of	3006
the township included in the ............... County Zoning	3007
Resolution, for approval or rejection at a special election to be	3008
held on the day of the next primary or general election to be held	3009
on ........(date)......., pursuant to section 303.12 of the	3010
Revised Code.	3011

	Street Address				Date of		3012
Signature	or R.F.D.	Township	Precinct	County	Signing		3013

..............................................................	3014

..............................................................	3015

STATEMENT OF CIRCULATOR	3016

I, .....................(name of circulator)...................,	3017
declare under penalty of election falsification that I am an	3018
elector of the state of Ohio and reside at the address appearing	3019
below my signature; that I am the circulator of the foregoing part	3020
petition containing .....(number)....... signatures; that I have	3021
witnessed the affixing of every signature; that all signers were	3022
to the best of my knowledge and belief qualified to sign; and that	3023
every signature is to the best of my knowledge and belief the	3024
signature of the person whose signature it purports to be or of an	3025
attorney in fact acting pursuant to section 3501.382 of the	3026
Revised Code.	3027

	................................		3028
	(Signature of circulator)		3029
	................................		3030
	(Address of circulator's permanent		3031
	residence in this state)		3032
	................................		3033
	(City, village, or township,		3034
	and zip code)		3035

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3036
OF THE FIFTH DEGREE."	3037

No amendment for which such a referendum vote has been	3038
requested shall be put into effect unless a majority of the vote	3039
cast on the issue is in favor of the amendment. Upon certification	3040
by the board of elections that the amendment has been approved by	3041
the voters, it shall take immediate effect.	3042

Within five working days after an amendment's effective date,	3043
the board of county commissioners shall file the text and maps of	3044
the amendment in the office of the county recorder and with the	3045
regional or county planning commission, if one exists.	3046

The failure to file any amendment, or any text and maps, or	3047
duplicates of any of these documents, with the office of the	3048
county recorder or the county or regional planning commission as	3049
required by this section does not invalidate the amendment and is	3050
not grounds for an appeal of any decision of the board of zoning	3051
appeals.	3052

Sec. 303.211. (A) Except as otherwise provided in division	3053
(B) or (C) of this section, sections 303.01 to 303.25 of the	3054
Revised Code do not confer any power on any board of county	3055
commissioners or board of zoning appeals in respect to the	3056
location, erection, construction, reconstruction, change,	3057
alteration, maintenance, removal, use, or enlargement of any	3058
buildings or structures of any public utility or railroad, whether	3059
publicly or privately owned, or the use of land by any public	3060
utility or railroad for the operation of its business. As used in	3061
this division, "public utility" does not include a person that	3062
owns or operates a solid waste facility or a solid waste transfer	3063
facility that has been issued a permit under Chapter 3734. of the	3064
Revised Code or a construction and demolition debris facility that	3065
has been issued a permit under Chapter 3714. of the Revised Code.	3066

(B)(1) As used in this division, "telecommunications tower"	3067
means any free-standing structure, or any structure to be attached	3068
to a building or other structure, that meets all of the following	3069
criteria:	3070

(a) The free-standing or attached structure is proposed to be	3071
constructed on or after October 31, 1996.	3072

(b) The free-standing or attached structure is proposed to be	3073
owned or principally used by a public utility engaged in the	3074
provision of telecommunications services.	3075

(c) The free-standing or attached structure is proposed to be	3076
located in an unincorporated area of a township, in an area zoned	3077
for residential use.	3078

(d)(i) The free-standing structure is proposed to top at a	3079
height that is greater than either the maximum allowable height of	3080
residential structures within the zoned area as set forth in the	3081
applicable zoning regulations, or the maximum allowable height of	3082
such a free-standing structure as set forth in any applicable	3083
zoning regulations in effect immediately prior to October 31,	3084
1996, or as those regulations subsequently are amended.	3085

(ii) The attached structure is proposed to top at a height	3086
that is greater than either the height of the building or other	3087
structure to which it is to be attached, or the maximum allowable	3088
height of such an attached structure as set forth in any	3089
applicable zoning regulations in effect immediately prior to	3090
October 31, 1996, or as those regulations subsequently are	3091
amended.	3092

(e) The free-standing or attached structure is proposed to	3093
have attached to it radio frequency transmission or reception	3094
equipment.	3095

(2) Sections 303.01 to 303.25 of the Revised Code confer	3096
power on a board of county commissioners or board of zoning	3097
appeals with respect to the location, erection, construction,	3098
reconstruction, change, alteration, removal, or enlargement of a	3099
telecommunications tower, but not with respect to the maintenance	3100
or use of such a tower or any change or alteration that would not	3101
substantially increase the tower's height. However, the power so	3102
conferred shall apply to a particular telecommunications tower	3103
only upon the provision of a notice, in accordance with division	3104
(B)(4)(a) of this section, to the person proposing to construct	3105
the tower.	3106

(3) Any person who plans to construct a telecommunications	3107
tower in an area subject to county zoning regulations shall	3108
provide both of the following by certified mail:	3109

(a) Written notice to the board of township trustees of the	3110
township in which the tower is proposed to be constructed and to	3111
each owner of property, as shown on the county auditor's current	3112
tax list, whose land is contiguous to or directly across a street	3113
or roadway from the property on which the tower is proposed to be	3114
constructed, stating all of the following in clear and concise	3115
language:	3116

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

3117

(ii) A description of the property sufficient to identify the	3118
proposed location;	3119

(iii) That, no later than fifteen days after the date of	3120
mailing of the notice, such board of township trustees or any such	3121
property owner may give written notice to the board of county	3122
commissioners requesting that sections 303.01 to 303.25 of the	3123
Revised Code apply to the proposed location of the tower as	3124
provided under division (B)(4)(a) of this section.	3125

If the notice to the board of township trustees or to a	3126
property owner is returned unclaimed or refused, the person shall	3127
mail the notice by regular mail. The failure of delivery of the	3128
notice does not invalidate the notice.	3129

(b) Written notice to the board of county commissioners of	3130
the information specified in divisions (B)(3)(a)(i) and (ii) of	3131
this section. The notice to the board also shall include	3132
verification that the person has complied with division (B)(3)(a)	3133
of this section.	3134

(4)(a) If the board of county commissioners receives notice	3135
from the board of township trustees or a property owner under	3136
division (B)(3)(a)(iii) of this section within the time specified	3137
in that division or if a member of the board of county	3138
commissioners makes an objection to the proposed location of the	3139
telecommunications tower within fifteen days after the date of	3140
mailing of the notice sent under division (B)(3)(b) of this	3141
section, the board of county commissioners shall send the person	3142
proposing to construct the tower written notice that the tower is	3143
subject to the power conferred by and in accordance with division	3144
(B)(2) of this section. The notice shall be sent no later than	3145
five days after the earlier of the date the board first receives	3146
such a notice from the board of township trustees or a property	3147
owner or the date upon which a member of the board of county	3148
commissioners makes an objection. Upon the date of mailing of the	3149
notice to the person, sections 303.01 to 303.25 of the Revised	3150
Code shall apply to the tower.	3151

(b) If the board of county commissioners receives no notice	3152
under division (B)(3)(a)(iii) of this section within the time	3153
prescribed by that division or no board member has an objection as	3154
provided under division (B)(4)(a) of this section within the time	3155
prescribed by that division, division (A) of this section shall	3156
apply to the tower without exception.	3157

(C) Sections 303.01 to 303.25 of the Revised Code confer	3158
power on a board of county commissioners or board of zoning	3159
appeals with respect to the location, erection, construction,	3160
reconstruction, change, alteration, maintenance, removal, use, or	3161
enlargement of any buildings or structures of a public utility	3162
engaged in the business of transporting persons or property, or	3163
both, or providing or furnishing such transportation service, over	3164
any public street, road, or highway in this state, and with	3165
respect to the use of land by any such public utility for the	3166
operation of its business, to the extent that any exercise of such	3167
power is reasonable and not inconsistent with Chapters 4901.,	3168
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	3169
However, this division confers no power on a board of county	3170
commissioners or board of zoning appeals with respect to a	3171
building or structure of, or the use of land by, a person engaged	3172
in the transportation of farm supplies to the farm or farm	3173
products from farm to market or to food fabricating plants.	3174

(D) Sections 303.01 to 303.25 of the Revised Code confer no	3175
power on any county rural zoning commission, board of county	3176
commissioners, or board of zoning appeals to prohibit the sale or	3177
use of alcoholic beverages in areas where the establishment and	3178
operation of any retail business, hotel, lunchroom, or restaurant	3179
is permitted.	3180

(E)(1) Any person who plans to construct a telecommunications	3181
tower within one hundred feet of a residential dwelling shall	3182
provide a written notice to the owner of the residential dwelling	3183
and to the person occupying the residence, if that person is not	3184
the owner of the residence, stating in clear and concise language	3185
the person's intent to construct the tower and a description of	3186
the property sufficient to identify the proposed location. The	3187
notice shall be sent by certified mail. If the notice is returned	3188
unclaimed or refused, the person shall mail the notice by regular	3189
mail. The failure of delivery does not invalidate the notice.	3190

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

3191

(a) "Residential dwelling" means a building used or intended	3192
to be used as a personal residence by the owner, part-time owner,	3193
or lessee of the building, or any person authorized by such a	3194
person to use the building as a personal residence.	3195

(b) "Telecommunications tower" has the same meaning as in	3196
division (B)(1) of this section, except that the proposed location	3197
of the free-standing or attached structure may be an area other	3198
than an unincorporated area of a township, in an area zoned for	3199
residential use.	3200

Sec. 307.697. (A) For the purpose of section 307.696 of the	3201
Revised Code and to pay any or all of the charge the board of	3202
elections makes against the county to hold the election on the	3203
question of levying the tax, or for those purposes and to provide	3204
revenues to the county for permanent improvements, the board of	3205
county commissioners of a county may levy a tax not to exceed	3206
three dollars on each gallon of spirituous liquor sold to or	3207
purchased by liquor permit holders for resale, and sold at retail	3208
by the division of liquor control, in the county. The tax shall be	3209
levied on the number of gallons so sold. The tax may be levied for	3210
any number of years not exceeding twenty.	3211

The tax shall be levied pursuant to a resolution of the board	3212
of county commissioners approved by a majority of the electors in	3213
the county voting on the question of levying the tax, which	3214
resolution shall specify the rate of the tax, the number of years	3215
the tax will be levied, and the purposes for which the tax is	3216
levied. The election may be held on the date of a general or	3217
special election held not sooner than seventy-five days after the	3218
date the board certifies its resolution to the board of elections.	3219
If approved by the electors, the tax takes effect on the first day	3220
of the month specified in the resolution but not sooner than the	3221
first day of the month that is at least sixty days after the	3222
certification of the election results by the board of elections. A	3223
copy of the resolution levying the tax shall be certified to the	3224
division of liquor control at least sixty days prior to the date	3225
on which the tax is to become effective.	3226

(B) A resolution under this section may be joined on the	3227
ballot as a single question with a resolution adopted under	3228
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	3229
the same purposes, and for the purpose of paying the expenses of	3230
administering that tax.	3231

(C) The form of the ballot in an election held pursuant to	3232
this section or section 4301.421 or 5743.024 of the Revised Code	3233
shall be as follows or in any other form acceptable to the	3234
secretary of state:	3235

"For the purpose of paying not more than one-half of the	3236
costs of providing a public sports facility together with related	3237
redevelopment and economic development projects, shall (an) excise	3238
tax(es) be levied by .......... county at the rate of ......	3239
(dollars on each gallon of spirituous liquor sold in the county by	3240
the Ohio division of liquor control, cents per gallon on the sale	3241
of beer at wholesale in the county, cents per gallon on the sale	3242
of wine and mixed beverages at wholesale in the county, cents per	3243
gallon on the sale of cider at wholesale in the county, or mills	3244
per cigarette on the sale of cigarettes at wholesale in the	3245
county), for ...... years?	3246

3247

		Yes			3248
		No	"		3249

3250

For an election in which questions under this section or	3251
section 4301.421 or 5743.024 of the Revised Code are joined as a	3252
single question, the form of the ballot shall be as above, except	3253
each of the proposed taxes shall be listed.	3254

(D) The board of county commissioners of a county in which a	3255
tax is imposed under this section on July 19, 1995, may levy a tax	3256
for the purpose of section 307.673 of the Revised Code regardless	3257
of whether or not the cooperative agreement authorized under that	3258
section has been entered into prior to the day the resolution	3259
adopted under division (D)(1) or (2) of this section is adopted,	3260
and for the purpose of reimbursing a county for costs incurred in	3261
the construction of a sports facility pursuant to an agreement	3262
entered into by the county under section 307.696 of the Revised	3263
Code. The tax shall be levied and approved in one of the manners	3264
prescribed by division (D)(1) or (2) of this section.	3265

(1) The tax may be levied pursuant to a resolution adopted by	3266
a majority of the members of the board of county commissioners not	3267
later than forty-five days after July 19, 1995. A board of county	3268
commissioners approving a tax under division (D)(1) of this	3269
section may approve a tax under division (B)(1) of section	3270
4301.421 or division (C)(1) of section 5743.024 of the Revised	3271
Code at the same time. Subject to the resolution being submitted	3272
to a referendum under sections 305.31 to 305.41 of the Revised	3273
Code, the resolution shall take effect immediately, but the tax	3274
levied pursuant to the resolution shall not be levied prior to the	3275
day following the last day the tax levied pursuant to divisions	3276
(A), (B), and (C) of this section may be levied.	3277

(2) The tax may be levied pursuant to a resolution adopted by	3278
a majority of the members of the board of county commissioners not	3279
later than forty-five days after July 19, 1995, and approved by a	3280
majority of the electors of the county voting on the question of	3281
levying the tax at the next succeeding general election following	3282
July 19, 1995. The board of county commissioners shall certify a	3283
copy of the resolution to the board of elections immediately upon	3284
adopting a resolution under division (D)(2) of this section, and	3285
the board of elections shall place the question of levying the tax	3286
on the ballot at that election. The form of the ballot shall be as	3287
prescribed by division (C) of this section, except that the phrase	3288
"paying not more than one-half of the costs of providing a sports	3289
facility together with related redevelopment and economic	3290
development projects" shall be replaced by the phrase "paying the	3291
costs of constructing or renovating a sports facility and	3292
reimbursing a county for costs incurred by the county in the	3293
construction of a sports facility," and the phrase ", beginning	3294
.......... (here insert the earliest date the tax would take	3295
effect)" shall be appended after "years." A board of county	3296
commissioners submitting the question of a tax under division	3297
(D)(2) of this section may submit the question of a tax under	3298
division (B)(2) of section 4301.421 or division (C)(2) of section	3299
5743.024 of the Revised Code as a single question, and the form of	3300
the ballot shall include each of the proposed taxes.	3301

If approved by a majority of electors voting on the question,	3302
the tax shall take effect on the day specified on the ballot,	3303
which shall not be earlier than the day following the last day the	3304
tax levied pursuant to divisions (A), (B), and (C) of this section	3305
may be levied.	3306

The rate of a tax levied pursuant to division (D)(1) or (2)	3307
of this section shall not exceed the rate specified in division	3308
(A) of this section. A tax levied pursuant to division (D)(1) or	3309
(2) of this section may be levied for any number of years not	3310
exceeding twenty.	3311

A board of county commissioners adopting a resolution under	3312
division (D)(1) or (2) of this section shall certify a copy of the	3313
resolution to the division of liquor control immediately upon	3314
adoption of the resolution.	3315

(E) No tax shall be levied under this section on or after the	3316
effective date of the amendment of this section by the capital	3317
appropriations act of the 127th general assembly. This division	3318
does not prevent the collection of any tax levied under this	3319
section before that date so long as that tax remains effective.	3320

Sec. 319.301. (A) This section does not apply to any of the	3321
following:	3322

(1) Taxes levied at whatever rate is required to produce a	3323
specified amount of tax money, including a tax levied under	3324
section 5705.199 or 5705.211 of the Revised Code, or an amount to	3325
pay debt charges;	3326

(2) Taxes levied within the one per cent limitation imposed	3327
by Section 2 of Article XII, Ohio Constitution;	3328

(3) Taxes provided for by the charter of a municipal	3329
corporation.	3330

(B) As used in this section:

3331

(1) "Real property" includes real property owned by a	3332
railroad.	3333

(2) "Carryover property" means all real property on the	3334
current year's tax list except:	3335

(a) Land and improvements that were not taxed by the district	3336
in both the preceding year and the current year;	3337

(b) Land and improvements that were not in the same class in	3338
both the preceding year and the current year.	3339

(3) "Effective tax rate" means with respect to each class of	3340
property:	3341

(a) The sum of the total taxes that would have been charged	3342
and payable for current expenses against real property in that	3343
class if each of the district's taxes were reduced for the current	3344
year under division (D)(1) of this section without regard to the	3345
application of division (E)(3) of this section divided by	3346

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

3347

(4) "Taxes charged and payable" means the taxes charged and	3348
payable prior to any reduction required by section 319.302 of the	3349
Revised Code.	3350

(C) The tax commissioner shall make the determinations	3351
required by this section each year, without regard to whether a	3352
taxing district has territory in a county to which section 5715.24	3353
of the Revised Code applies for that year. Separate determinations	3354
shall be made for each of the two classes established pursuant to	3355
section 5713.041 of the Revised Code.	3356

(D) With respect to each tax authorized to be levied by each	3357
taxing district, the tax commissioner, annually, shall do both of	3358
the following:	3359

(1) Determine by what percentage, if any, the sums levied by	3360
such tax against the carryover property in each class would have	3361
to be reduced for the tax to levy the same number of dollars	3362
against such property in that class in the current year as were	3363
charged against such property by such tax in the preceding year	3364
subsequent to the reduction made under this section but before the	3365
reduction made under section 319.302 of the Revised Code. In the	3366
case of a tax levied for the first time that is not a renewal of	3367
an existing tax, the commissioner shall determine by what	3368
percentage the sums that would otherwise be levied by such tax	3369
against carryover property in each class would have to be reduced	3370
to equal the amount that would have been levied if the full rate	3371
thereof had been imposed against the total taxable value of such	3372
property in the preceding tax year. A tax or portion of a tax that	3373
is designated a replacement levy under section 5705.192 of the	3374
Revised Code is not a renewal of an existing tax for purposes of	3375
this division.	3376

(2) Certify each percentage determined in division (D)(1) of	3377
this section, as adjusted under division (E) of this section, and	3378
the class of property to which that percentage applies to the	3379
auditor of each county in which the district has territory. The	3380
auditor, after complying with section 319.30 of the Revised Code,	3381
shall reduce the sum to be levied by such tax against each parcel	3382
of real property in the district by the percentage so certified	3383
for its class. Certification shall be made by the first day of	3384
September except in the case of a tax levied for the first time,	3385
in which case certification shall be made within fifteen days of	3386
the date the county auditor submits the information necessary to	3387
make the required determination.	3388

(E)(1) As used in division (E)(2) of this section, "pre-1982	3389
joint vocational taxes" means, with respect to a class of	3390
property, the difference between the following amounts:	3391

(a) The taxes charged and payable in tax year 1981 against	3392
the property in that class for the current expenses of the joint	3393
vocational school district of which the school district is a part	3394
after making all reductions under this section;	3395

(b) The following percentage of the taxable value of all real	3396
property in that class:	3397

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

3398

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

3399

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

3400

(iv) In 1990 and each subsequent year, two-tenths of one per	3401
cent.	3402

If the amount in division (E)(1)(b) of this section exceeds	3403
the amount in division (E)(1)(a) of this section, the pre-1982	3404
joint vocational taxes shall be zero.	3405

As used in divisions (E)(2) and (3) of this section, "taxes	3406
charged and payable" has the same meaning as in division (B)(4) of	3407
this section and excludes any tax charged and payable in 1985 or	3408
thereafter under sections 5705.194 to 5705.197 or section 5705.199	3409
or 5705.213 of the Revised Code.	3410

(2) If in the case of a school district other than a joint	3411
vocational or cooperative education school district any percentage	3412
required to be used in division (D)(2) of this section for either	3413
class of property could cause the total taxes charged and payable	3414
for current expenses to be less than two per cent of the taxable	3415
value of all real property in that class that is subject to	3416
taxation by the district, the commissioner shall determine what	3417
percentages would cause the district's total taxes charged and	3418
payable for current expenses against that class, after all	3419
reductions that would otherwise be made under this section, to	3420
equal, when combined with the pre-1982 joint vocational taxes	3421
against that class, the lesser of the following:	3422

(a) The sum of the rates at which those taxes are authorized	3423
to be levied;	3424

(b) Two per cent of the taxable value of the property in that	3425
class. The auditor shall use such percentages in making the	3426
reduction required by this section for that class.	3427

(3)(a) If in the case of a joint vocational school district	3428
any percentage required to be used in division (D)(2) of this	3429
section for either class of property could cause the total taxes	3430
charged and payable for current expenses for that class to be less	3431
than the designated amount, the commissioner shall determine what	3432
percentages would cause the district's total taxes charged and	3433
payable for current expenses for that class, after all reductions	3434
that would otherwise be made under this section, to equal the	3435
designated amount. The auditor shall use such percentages in	3436
making the reductions required by this section for that class.	3437

(b) As used in division (E)(3)(a) of this section, the	3438
designated amount shall equal the taxable value of all real	3439
property in the class that is subject to taxation by the district	3440
times the lesser of the following:	3441

(i) Two-tenths of one per cent;

3442

(ii) The district's effective rate plus the following	3443
percentage for the year indicated:	3444

	WHEN COMPUTING THE				3445
	TAXES CHARGED FOR		ADD THE FOLLOWING PERCENTAGE:		3446

1987	0.025%	3447
1988	0.05%	3448
1989	0.075%	3449
1990	0.1%	3450
1991	0.125%	3451
1992	0.15%	3452
1993	0.175%	3453
1994 and thereafter	0.2%	3454

(F) No reduction shall be made under this section in the rate	3455
at which any tax is levied.	3456

(G) The commissioner may order a county auditor to furnish	3457
any information the commissioner needs to make the determinations	3458
required under division (D) or (E) of this section, and the	3459
auditor shall supply the information in the form and by the date	3460
specified in the order. If the auditor fails to comply with an	3461
order issued under this division, except for good cause as	3462
determined by the commissioner, the commissioner shall withhold	3463
from such county or taxing district therein fifty per cent of	3464
state revenues to local governments pursuant to section 5747.50 of	3465
the Revised Code or shall direct the department of education to	3466
withhold therefrom fifty per cent of state revenues to school	3467
districts pursuant to Chapter 3317. of the Revised Code. The	3468
commissioner shall withhold the distribution of such revenues	3469
until the county auditor has complied with this division, and the	3470
department shall withhold the distribution of such revenues until	3471
the commissioner has notified the department that the county	3472
auditor has complied with this division.	3473

(H) If the commissioner is unable to certify a tax reduction	3474
factor for either class of property in a taxing district located	3475
in more than one county by the last day of November because	3476
information required under division (G) of this section is	3477
unavailable, the commissioner may compute and certify an estimated	3478
tax reduction factor for that district for that class. The	3479
estimated factor shall be based upon an estimate of the	3480
unavailable information. Upon receipt of the actual information	3481
for a taxing district that received an estimated tax reduction	3482
factor, the commissioner shall compute the actual tax reduction	3483
factor and use that factor to compute the taxes that should have	3484
been charged and payable against each parcel of property for the	3485
year for which the estimated reduction factor was used. The amount	3486
by which the estimated factor resulted in an overpayment or	3487
underpayment in taxes on any parcel shall be added to or	3488
subtracted from the amount due on that parcel in the ensuing tax	3489
year.	3490

A percentage or a tax reduction factor determined or computed	3491
by the commissioner under this section shall be used solely for	3492
the purpose of reducing the sums to be levied by the tax to which	3493
it applies for the year for which it was determined or computed.	3494
It shall not be used in making any tax computations for any	3495
ensuing tax year.	3496

(I) In making the determinations under division (D)(1) of	3497
this section, the tax commissioner shall take account of changes	3498
in the taxable value of carryover property resulting from	3499
complaints filed under section 5715.19 of the Revised Code for	3500
determinations made for the tax year in which such changes are	3501
reported to the commissioner. Such changes shall be reported to	3502
the commissioner on the first abstract of real property filed with	3503
the commissioner under section 5715.23 of the Revised Code	3504
following the date on which the complaint is finally determined by	3505
the board of revision or by a court or other authority with	3506
jurisdiction on appeal. The tax commissioner shall account for	3507
such changes in making the determinations only for the tax year in	3508
which the change in valuation is reported. Such a valuation change	3509
shall not be used to recompute the percentages determined under	3510
division (D)(1) of this section for any prior tax year.	3511

Sec. 321.261. (A) Five per cent of all delinquent real	3512
property, personal property, and manufactured and mobile home	3513
taxes and assessments collected by the county treasurer shall be	3514
deposited in the delinquent tax and assessment collection fund,	3515
which shall be created in the county treasury. ~~The~~Except as	3516
provided in division (B) of this section, the moneys in the fund,	3517
one-half of which shall be appropriated by the board of county	3518
commissioners to the treasurer and one-half of which shall be	3519
appropriated to the county prosecuting attorney, shall be used	3520
solely in connection with the collection of delinquent real	3521
property, personal property, and manufactured and mobile home	3522
taxes and assessments.	3523

Annually by the first day of December, the treasurer and the	3524
prosecuting attorney each shall submit a report to the board	3525
regarding the use of the moneys appropriated to their respective	3526
offices from the delinquent tax and assessment collection fund.	3527
Each report shall specify the amount appropriated to the office	3528
during the current calendar year, an estimate of the amount so	3529
appropriated that will be expended by the end of the year, a	3530
summary of how the amount appropriated has been expended in	3531
connection with delinquent tax collection activities, and an	3532
estimate of the amount that will be credited to the fund during	3533
the ensuing calendar year.	3534

(B) A board of county commissioners of a county with a	3535
population exceeding one hundred twenty-five thousand may, by	3536
resolution, authorize the use of up to three million dollars each	3537
year in the county's delinquent tax and assessment collection fund	3538
to prevent residential mortgage foreclosures in the county and to	3539
assist municipal corporations located in the county in the	3540
nuisance abatement of deteriorated residential buildings in	3541
foreclosure. The funds shall be used to provide financial	3542
assistance in the form of loans to borrowers in default on their	3543
home mortgages, including for the payment of late fees, to clear	3544
arrearage balances, and to augment moneys used in the county's	3545
foreclosure prevention program. Upon application by a municipal	3546
corporation located in the county, the funds also shall be used to	3547
pay the cost of securing deteriorated residential buildings in	3548
foreclosure, including paying the costs of securing such	3549
buildings, lot maintenance, and demolition.	3550

Sec. 340.02. As used in this section, "mental health	3551
professional" means a person who is qualified to work with	3552
mentally ill persons, pursuant to standards established by the	3553
director of mental health under section 5119.611 of the Revised	3554
Code.	3555

For each alcohol, drug addiction, and mental health service	3556
district, there shall be appointed a board of alcohol, drug	3557
addiction, and mental health services of eighteen members. ~~Members~~	3558
~~shall be residents of the district and~~Nine members shall be	3559
interested in mental health programs and facilities orand nine	3560
other members shall be interested in alcohol or drug addiction	3561
programs. All members shall be residents of the service district.	3562
The membership shall, as nearly as possible, reflect the	3563
composition of the population of the service district as to race	3564
and sex.	3565

The director of mental health shall appoint four members of	3566
the board, the director of alcohol and drug addiction services	3567
shall appoint four members, and the board of county commissioners	3568
shall appoint ten members. In a joint-county district, the county	3569
commissioners of each participating county shall appoint members	3570
in as nearly as possible the same proportion as that county's	3571
population bears to the total population of the district, except	3572
that at least one member shall be appointed from each	3573
participating county.	3574

The director of mental health shall ensure that at least one	3575
member of the board is a psychiatrist and one member of the board	3576
is a mental health professional. If the appointment of a	3577
psychiatrist is not possible, as determined under rules adopted by	3578
the director, a licensed physician may be appointed in place of	3579
the psychiatrist. If the appointment of a licensed physician is	3580
not possible, the director of mental health may waive the	3581
requirement that the psychiatrist or licensed physician be a	3582
resident of the service district and appoint a psychiatrist or	3583
licensed physician from a contiguous county. ~~The membership of the~~	3584
~~board shall, as nearly as possible, reflect the composition of the~~	3585
~~population of the service district as to race and sex.~~ The	3586
director of mental health shall ensure that at least one member of	3587
the board is a person who has received or is receiving mental	3588
health services paid for by public funds and at least one member	3589
is a parent or other relative of such a person.	3590

The director of alcohol and drug addiction services shall	3591
ensure that at least one member of the board is a professional in	3592
the field of alcohol or drug addiction services and one member of	3593
the board is an advocate for persons receiving treatment for	3594
alcohol or drug addiction. Of the members appointed by the	3595
director of alcohol and drug addiction services, at least one	3596
shall be a person who has received or is receiving services for	3597
alcohol or drug addiction, and at least one shall be a parent or	3598
other relative of such a person.	3599

No member or employee of a board of alcohol, drug addiction,	3600
and mental health services shall serve as a member of the board of	3601
any agency with which the board of alcohol, drug addiction, and	3602
mental health services has entered into a contract for the	3603
provision of services or facilities. No member of a board of	3604
alcohol, drug addiction, and mental health services shall be an	3605
employee of any agency with which the board has entered into a	3606
contract for the provision of services or facilities. No person	3607
shall be an employee of a board and such an agency unless the	3608
board and agency both agree in writing.	3609

No person shall serve as a member of the board of alcohol,	3610
drug addiction, and mental health services whose spouse, child,	3611
parent, brother, sister, grandchild, stepparent, stepchild,	3612
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	3613
daughter-in-law, brother-in-law, or sister-in-law serves as a	3614
member of the board of any agency with which the board of alcohol,	3615
drug addiction, and mental health services has entered into a	3616
contract for the provision of services or facilities. No person	3617
shall serve as a member or employee of the board whose spouse,	3618
child, parent, brother, sister, stepparent, stepchild,	3619
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	3620
daughter-in-law, brother-in-law, or sister-in-law serves as a	3621
county commissioner of a county or counties in the alcohol, drug	3622
addiction, and mental health service district.	3623

Each year each board member shall attend at least one	3624
inservice training session provided or approved by the department	3625
of mental health or the department of alcohol and drug addiction	3626
services. Such training sessions shall not be considered to be	3627
regularly scheduled meetings of the board.	3628

Each member shall be appointed for a term of four years,	3629
commencing the first day of July, except that one-third of initial	3630
appointments to a newly established board, and to the extent	3631
possible to expanded boards, shall be for terms of two years,	3632
one-third of initial appointments shall be for terms of three	3633
years, and one-third of initial appointments shall be for terms of	3634
four years. No member shall serve more than two consecutive	3635
four-year terms. A member may serve for three consecutive terms	3636
only if one of the terms is for less than two years. A member who	3637
has served two consecutive four-year terms or three consecutive	3638
terms totaling less than ten years is eligible for reappointment	3639
one year following the end of the second or third term,	3640
respectively.	3641

When a vacancy occurs, appointment for the expired or	3642
unexpired term shall be made in the same manner as an original	3643
appointment. The appointing authority shall be notified by	3644
certified mail of any vacancy and shall fill the vacancy within	3645
sixty days following that notice.	3646

Any member of the board may be removed from office by the	3647
appointing authority for neglect of duty, misconduct, or	3648
malfeasance in office, and shall be removed by the appointing	3649
authority if the member's spouse, child, parent, brother, sister,	3650
stepparent, stepchild, stepbrother, stepsister, father-in-law,	3651
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or	3652
sister-in-law serves as a county commissioner of a county or	3653
counties in the service district or serves as a member or employee	3654
of the board of an agency with which the board of alcohol, drug	3655
addiction, and mental health services has entered a contract for	3656
the provision of services or facilities. The member shall be	3657
informed in writing of the charges and afforded an opportunity for	3658
a hearing. Upon the absence of a member within one year from	3659
either four board meetings or from two board meetings without	3660
prior notice, the board shall notify the appointing authority,	3661
which may vacate the appointment and appoint another person to	3662
complete the member's term.	3663

Members of the board shall serve without compensation, but	3664
shall be reimbursed for actual and necessary expenses incurred in	3665
the performance of their official duties, as defined by rules of	3666
the departments of mental health and alcohol and drug addiction	3667
services.	3668

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	3669
health service district comprised of a county with a population of	3670
two hundred fifty thousand or more on October 10, 1989, the board	3671
of county commissioners shall, within thirty days of October 10,	3672
1989, establish an alcohol and drug addiction services board as	3673
the entity responsible for providing alcohol and drug addiction	3674
services in the county, unless, prior to that date, the board	3675
adopts a resolution providing that the entity responsible for	3676
providing the services is a board of alcohol, drug addiction, and	3677
mental health services. If the board of county commissioners	3678
establishes an alcohol and drug addiction services board, the	3679
community mental health board established under former section	3680
340.02 of the Revised Code shall serve as the entity responsible	3681
for providing mental health services in the county. A community	3682
mental health board has all the powers, duties, and obligations of	3683
a board of alcohol, drug addiction, and mental health services	3684
with regard to mental health services. An alcohol and drug	3685
addiction services board has all the powers, duties, and	3686
obligations of a board of alcohol, drug addiction, and mental	3687
health services with regard to alcohol and drug addiction	3688
services. Any provision of the Revised Code that refers to a board	3689
of alcohol, drug addiction, and mental health services with regard	3690
to mental health services also refers to a community mental health	3691
board and any provision that refers to a board of alcohol, drug	3692
addiction, and mental health services with regard to alcohol and	3693
drug addiction services also refers to an alcohol and drug	3694
addiction services board.	3695

An alcohol and drug addiction services board shall consist of	3696
eighteen members, six of whom shall be appointed by the director	3697
of alcohol and drug addiction services and twelve of whom shall be	3698
appointed by the board of county commissioners. Of the members	3699
appointed by the director, one shall be a person who has received	3700
or is receiving services for alcohol or drug addiction, one shall	3701
be a parent or relative of such a person, one shall be a	3702
professional in the field of alcohol or drug addiction services,	3703
and one shall be an advocate for persons receiving treatment for	3704
alcohol or drug addiction. The membership of the board shall, as	3705
nearly as possible, reflect the composition of the population of	3706
the service district as to race and sex. Members shall be	3707
residents of the service district and shall be interested in	3708
alcohol and drug addiction services. Requirements for membership,	3709
including prohibitions against certain family and business	3710
relationships, and terms of office shall be the same as those for	3711
members of boards of alcohol, drug addiction, and mental health	3712
services.	3713

A community mental health board shall consist of eighteen	3714
members, six of whom shall be appointed by the director of mental	3715
health and twelve of whom shall be appointed by the board of	3716
county commissioners. Of the members appointed by the director,	3717
one shall be a person who has received or is receiving mental	3718
health services, one shall be a parent or relative of such a	3719
person, one shall be a psychiatrist or a physician, and one shall	3720
be a mental health professional. The membership of the board as	3721
nearly as possible shall reflect the composition of the population	3722
of the service district as to race and sex. Members shall be	3723
residents of the service district and shall be interested in	3724
mental health services. Requirements for membership, including	3725
prohibitions against certain family and business relationships,	3726
and terms of office shall be the same as those for members of	3727
boards of alcohol, drug addiction, and mental health services.	3728

(B) If a board of county commissioners subject to division	3729
(A) of this section did not adopt a resolution providing for a	3730
board of alcohol, drug addiction, and mental health services, the	3731
board of county commissioners may establish such a board in	3732
accordance with the following procedures:	3733

(1) Not later than January 1, 2007, the board of county	3734
commissioners shall adopt a resolution expressing its intent to	3735
establish a board of alcohol, drug addiction, and mental health	3736
services.	3737

(2) After adopting a resolution under division (B)(1) of this	3738
section, the board of county commissioners shall instruct the	3739
county's community mental health board and alcohol and drug	3740
addiction services board to prepare a report on the feasibility,	3741
process, and proposed plan to establish a board of alcohol, drug	3742
addiction, and mental health services. The board of county	3743
commissioners shall specify the date by which the report must be	3744
submitted to the board for its review.	3745

(3) After reviewing the report prepared under division (B)(2)	3746
of this section, the board may adopt a final resolution	3747
establishing a board of alcohol, drug addiction, and mental health	3748
services. A final resolution establishing such a board shall be	3749
adopted not later than July 1, 2007.	3750

(C)(1) If a board of county commissioners subject to division	3751
(A) of this section did not adopt a resolution providing for a	3752
board of alcohol, drug addiction, and mental health services and	3753
did not establish such a board under division (B) of this section,	3754
the board of county commissioners may establish a board of	3755
alcohol, drug addiction, and mental health services on or after	3756
the effective date of this amendment. To establish the board, the	3757
board of county commissioners shall adopt a resolution providing	3758
for the board's establishment. The composition of the board, the	3759
procedures for appointing members, and all other matters related	3760
to the board and its members are subject to section 340.02 of	3761
the Revised Code, with the following exceptions:	3762

(a) For initial appointments to the board, the county's	3763
community mental health board and alcohol and drug addiction	3764
services board shall jointly recommend members of those boards for	3765
reappointment and shall submit the recommendations to the board of	3766
county commissioners, director of mental health, and director of	3767
alcohol and drug addiction services.	3768

(b) To the greatest extent possible, the appointing	3769
authorities shall appoint the initial members from among the	3770
members jointly recommended under division (C)(1)(a) of this	3771
section.	3772

(2) If a board of alcohol, drug addiction, and mental health	3773
services is established pursuant to division (C)(1) of this	3774
section, the board has the same rights, privileges, immunities,	3775
powers, and duties that were possessed by the county's community	3776
mental health board and alcohol and drug addiction services	3777
board. When the board is established, all property and	3778
obligations of the community mental health board and alcohol and	3779
drug addiction services board shall be transferred to the board	3780
of alcohol, drug addiction, and mental health services.	3781

Sec. 351.26. (A) The board of directors of a convention	3782
facilities authority may adopt a resolution requesting the board	3783
of county commissioners of the county in which the convention	3784
facilities authority has its territory to propose the question of	3785
a tax to be levied pursuant to this section and section 4301.424	3786
or sections 5743.026 and 5743.324 of the Revised Code for the	3787
purpose of construction or renovation of a sports facility. The	3788
board of directors shall certify a copy of the resolution to the	3789
board of county commissioners not later than ninety days prior to	3790
the day of the election at which the board of directors requests	3791
the board of county commissioners to submit the question of the	3792
tax. The resolution shall state the rate at which the tax would be	3793
levied, the purpose for which the tax would be levied, the number	3794
of years the tax would be levied, the section of the Revised Code	3795
under which the tax would be levied, and the date of the election	3796
at which the board of directors requests the board of county	3797
commissioners to submit the question of the tax, all of which are	3798
subject to the limitations of this section and section 4301.424 or	3799
sections 5743.026 and 5743.324 of the Revised Code.	3800

Upon receiving a copy of such a resolution from the board of	3801
directors, the board of county commissioners shall adopt a	3802
resolution either approving or rejecting the proposal, and certify	3803
a copy of its resolution to the board of directors. If the board	3804
of county commissioners approves the proposal, the board of county	3805
commissioners shall propose the question of levying a tax pursuant	3806
to section 4301.424 of the Revised Code or pursuant to sections	3807
5743.026 and 5743.324 of the Revised Code, as specified in the	3808
board of directors' resolution, for the purpose of construction or	3809
renovation of a sports facility.	3810

(B) The form of the ballot in an election held on the	3811
question of levying a tax proposed pursuant to section 4301.424 or	3812
5743.026 of the Revised Code shall be as follows or in any other	3813
form acceptable to the secretary of state:	3814

"For the purpose of paying the costs of ..........	3815
(constructing or renovating) a sports facility, shall (an) excise	3816
tax(es) be levied by the .......... county for the convention	3817
facilities authority of .......... county at the rate of ......	3818
(dollars on each gallon of spirituous liquor sold in the county by	3819
the Ohio division of liquor control, cents per gallon on the sale	3820
of beer at wholesale in the county, cents per gallon on the sale	3821
of wine and mixed beverages at wholesale in the county, or mills	3822
per cigarette on the sale of cigarettes at wholesale in the	3823
county), for ...... years?	3824

3825

		Yes			3826
		No	"		3827

3828

For an election in which questions under section 4301.424 or	3829
5743.026 of the Revised Code are joined as a single question, the	3830
form of the ballot shall be as above, except each of the proposed	3831
taxes shall be listed.	3832

(C) No tax shall be levied under this section on or after the	3833
effective date of the amendment of this section by the capital	3834
appropriations act of the 127th general assembly. This division	3835
does not prevent the collection of any tax levied under this	3836
section before that date so long as that tax remains effective.	3837

Sec. 353.01. The board of county commissioners of any county	3838
with a population of 1.2 million or more according to the 2000	3839
federal decennial census may, by a majority vote of the board,	3840
adopt a resolution, to cause the board of elections in the	3841
county to submit to the electors of the county the question of	3842
adopting a restructured form of county government as authorized	3843
by section 353.02 of the Revised Code. The question shall be	3844
voted upon at the next general election occurring not less than	3845
seventy-five days after the certification of the resolution to	3846
the board of elections.	3847

A resolution is not in order under this section if the	3848
question of choosing a commission to frame a county charter or of	3849
adopting a county charter is then pending before the board of	3850
county commissioners, has been submitted to the electors, or has	3851
been approved by the electors.	3852

Sec. 353.02. A restructured form of county government shall	3853
have the following characteristics:	3854

(A) The board of county commissioners is retained, and	3855
continues to be elected, as provided by law.	3856

(B) The formerly elected offices of county auditor, county	3857
recorder, county treasurer, county coroner, county engineer, and	3858
county sheriff are eliminated and replaced by the following	3859
officers, each of whom is appointed by the board of county	3860
commissioners by majority vote:	3861

(1) The offices of county auditor, county recorder, and	3862
county treasurer are combined into a new position of county	3863
fiscal officer. The county fiscal officer shall hold office for a	3864
term of five years, and shall fulfill all the duties vested by	3865
law in county auditors, county recorders, and county treasurers.	3866

(2) The office of county coroner is replaced by a department	3867
of medical examiner, which shall be administered by a director.	3868
The director shall have the same qualifications (except election)	3869
prescribed by law for, and shall fulfill all the duties vested by	3870
law in, county coroners.	3871

(3) The office of county engineer is replaced by a department	3872
of public works, which shall be administered by a director. The	3873
director shall have the same qualifications (except election)	3874
prescribed by law for, and shall fulfill all the duties vested by	3875
law in, county engineers.	3876

(4) The office of county sheriff is replaced by a department	3877
of corrections, which shall be administered by a director. The	3878
director shall have the same qualifications (except election)	3879
prescribed by law for, and shall fulfill all the duties vested by	3880
law in, county sheriffs.	3881

(C) Any officer or director appointed by a board of county	3882
commissioners under division (B) of this section serves at the	3883
pleasure of the board of county commissioners, subject to any	3884
applicable human resource regulations and civil service provisions	3885
in effect in the county at the time of the election on the issue	3886
of restructuring the form of county government, and may be removed	3887
at any time by a majority vote of the board.	3888

(D) In the event of a vacancy in any office appointed by a	3889
board of county commissioners under this section, the board may	3890
appoint an interim appointee by majority vote for a period of not	3891
more than sixty days. A replacement shall be chosen in the same	3892
manner as the original appointment within sixty days after the	3893
creation of the vacancy. The person appointed to serve as a	3894
replacement for any such office shall serve for the unexpired	3895
portion of the term.	3896

(E) The clerk of courts is not elected, but rather is	3897
appointed by and serves at the pleasure of the chief	3898
administrative judge of the court of common pleas in the county.	3899
The clerk shall have the same qualifications (except election)	3900
prescribed by law for, and shall fulfill all the duties vested by	3901
law or rule of court in, clerks of court. The clerk may be removed	3902
or replaced by the chief administrative judge at any time, with or	3903
without cause.	3904

Sec. 353.03. In submitting to the electors of the county the	3905
question of adopting a restructured form of county government, the	3906
board of elections shall submit the question in language	3907
substantially as follows:	3908

"Shall the county of ................... adopt the	3909
restructured form of county government proposed under sections	3910
353.01 and 353.02 of the Revised Code?	3911

( ) For adoption of the restructured form of county	3912
government.	3913

( ) Against adoption of the restructured form of county	3914
government."	3915

At least forty-five days before the election, the board of	3916
county commissioners shall cause a copy of the restructured form	3917
of county government to be distributed to each elector of the	3918
county so far as may be reasonably possible.	3919

If a majority of the votes cast on the proposition of	3920
adopting a restructured form of county government is in the	3921
affirmative, then that form becomes the form of government of the	3922
county.	3923

Immediately following the election the board of elections	3924
shall file a certificate of the results with the secretary of	3925
state.	3926

The board of county commissioners and, in the case of the	3927
clerk of courts, the chief administrative judge of the court of	3928
common pleas shall make the appointments required by the	3929
restructured form of county government. The elected officers	3930
serving or elected on the date of the election at which the issue	3931
of restructuring the form of county government appears, continue	3932
to hold office until their current or newly elected terms of	3933
office expire and their successors are appointed and qualified.	3934

Sec. 353.04. A proposition to discontinue a restructured	3935
form of county government may be submitted to the electors of the	3936
county at any general election in the manner provided for the	3937
submission of a restructured form of county government under	3938
sections 353.01 and 353.03 of the Revised Code.	3939

Sec. 353.05. The adoption or discontinuance of a	3940
restructured form of county government in a county does not affect	3941
an act done, ratified, or affirmed, or a contract or other right	3942
or obligation other than contracts for personal services, accrued	3943
or established, or an action, prosecution, or proceeding, civil or	3944
criminal, pending at the time the change in form of government	3945
takes effect; nor shall the adoption or discontinuance of a	3946
restructured form of county government affect causes of action,	3947
prosecutions, or proceedings existing at the time it takes effect;	3948
but rights shall attach to, and actions, prosecutions, or	3949
proceedings may be prosecuted and continued, or instituted and	3950
prosecuted against, by, or before the department having	3951
jurisdiction or power of the subject matter to which the action,	3952
prosecution, or proceedings pertains. All rules, regulations, and	3953
orders lawfully promulgated before adoption or discontinuance of a	3954
restructured form of county government continue in force and	3955
effect until amended or rescinded as authorized by law.	3956

On the effective date of the adoption or discontinuance of a	3957
restructured form of county government causing a transfer of	3958
rights, duties, and powers from one department or office to	3959
another, all books, records, papers, documents, property, real and	3960
personal, funds, appropriations and balances of appropriations,	3961
and pending business in any way pertaining to the rights, powers,	3962
and duties shall be similarly transferred.	3963

Sec. 353.06. The board of county commissioners of a county	3964
that has adopted a restructured form of county government as	3965
provided in sections 353.01 and 353.02 of the Revised Code may	3966
enter into an agreement with the legislative authority of any	3967
municipal corporation, township, port authority, water or sewer	3968
district, school district, library district, health district, park	3969
district, soil and water conservation district, water conservancy	3970
district, or other taxing district, or with the board of county	3971
commissioners of any other county, and these legislative	3972
authorities may enter into agreements with the board, whereby the	3973
board undertakes, and is authorized by the contracting	3974
subdivision, to exercise any power, perform any function, or	3975
render any service, on behalf of the contracting subdivision or	3976
its legislative authority, which the subdivision or legislative	3977
authority may exercise, perform, or render.	3978

Upon the execution of such an agreement and within the	3979
limitations prescribed by the agreement, the board may exercise	3980
the same powers that the contracting subdivision possesses with	3981
respect to the performance of any function or the rendering of any	3982
service, which, by the agreement, it undertakes to perform or	3983
render, and all powers necessary or incidental thereto, as amply	3984
as the powers are possessed and exercised by the contracting	3985
subdivision directly. In the absence in the agreement of	3986
provisions determining by what officer, office, department,	3987
agency, or authority the powers and duties of the board shall be	3988
exercised or performed, the board shall, within the limits of this	3989
section, determine and assign such powers and duties to any	3990
officer or officers of county government, including the county	3991
fiscal officer, director of public works, medical examiner,	3992
director of corrections, and prosecuting attorney. An agreement	3993
authorized by this section shall not suspend the possession by a	3994
contracting subdivision of any power or function exercised or	3995
performed by the board under the agreement. Nor shall the board,	3996
by virtue of any agreement entered into under this section,	3997
acquire any power to levy taxes within and on behalf of a	3998
contracting subdivision unless approved by a majority of the	3999
electors of the contracting subdivision.	4000

The board of county commissioners of a county that has	4001
adopted a restructured form of county government together with the	4002
board of county commissioners of another county that has adopted a	4003
restructured form of county government or with a county that has	4004
adopted a charter may enter into a contract to create any joint	4005
agency to exercise any power, perform any function, or render any	4006
service that any board of county commissioners may exercise,	4007
perform, or render.	4008

Sec. 353.061. An agreement entered into under section 353.06	4009
of the Revised Code shall provide, either in specific terms or by	4010
prescribing a method for determining the amounts, for any payments	4011
to be made by the contracting subdivision into the county	4012
treasury, in consideration of the performance of the agreement. In	4013
cases where it is considered practicable, the agreement may	4014
provide that payment shall be made by the retention in the	4015
treasury of the amounts due from taxes collected for the	4016
contracting subdivision and the county fiscal officer shall be	4017
governed by any such provision in settling the accounts for such	4018
taxes.	4019

An agreement entered into by and between two or more boards	4020
of county commissioners shall specify the method of payment for	4021
the joint exercise of any power, the joint performing of any	4022
function, or the joint rendering of any service, which method of	4023
payment shall be authorized and binding on the counties so long as	4024
the agreement is in effect.	4025

Sec. 353.062. In the absence from an agreement entered into	4026
under section 353.06 of the Revised Code of a specification of its	4027
own duration, the agreement shall continue in effect until it is	4028
rescinded. Such an agreement, whether for a definite term or of	4029
indefinite duration, may provide for its own rescission. In the	4030
absence of any such provision, such an agreement may, at any time,	4031
be rescinded by the agreement of both parties, and may at any time	4032
be rescinded by resolution of either party to the agreement,	4033
effective at the end of the fiscal year.	4034

Sec. 353.063. An agreement entered into under section 353.06	4035
of the Revised Code may provide for the transfer to the board of	4036
county commissioners of any property, real or personal, used or	4037
useful, in the performance of functions or the rendering of	4038
services under such agreement. The transfer may include the	4039
proceeds of bonds issued or to be issued by the contracting	4040
subdivision, appropriate to the powers, functions, or services	4041
under the agreement, the proceeds to be expended by the board	4042
subject to the same conditions as would govern the contracting	4043
subdivision. The transfer may convey the absolute title to the	4044
property, subject, in the case of the disposal or encumbrance of	4045
real property by the board, to the consent of the legislative	4046
authority of the contracting subdivision; or may convey its use	4047
only, or any estate or title less than absolute; may limit the	4048
power of the board to dispose of the property; and may provide for	4049
its return, disposition, division, or distribution, in the event	4050
of the rescission or expiration of the agreement.	4051

Sec. 519.12. (A)(1) Amendments to the zoning resolution may	4052
be initiated by motion of the township zoning commission, by the	4053
passage of a resolution by the board of township trustees, or by	4054
the filing of an application by one or more of the owners or	4055
lessees of property within the area proposed to be changed or	4056
affected by the proposed amendment with the township zoning	4057
commission. The board of township trustees may require that the	4058
owner or lessee of property filing an application to amend the	4059
zoning resolution pay a fee to defray the cost of advertising,	4060
mailing, filing with the county recorder, and other expenses. If	4061
the board of township trustees requires such a fee, it shall be	4062
required generally, for each application. The board of township	4063
trustees, upon the passage of such a resolution, shall certify it	4064
to the township zoning commission.	4065

(2) Upon the adoption of a motion by the township zoning	4066
commission, the certification of a resolution by the board of	4067
township trustees to the commission, or the filing of an	4068
application by property owners or lessees as described in division	4069
(A)(1) of this section with the commission, the commission shall	4070
set a date for a public hearing, which date shall not be less than	4071
twenty nor more than forty days from the date of the certification	4072
of such a resolution, the date of adoption of such a motion, or	4073
the date of the filing of such an application. Notice of the	4074
hearing shall be given by the commission by one publication in one	4075
or more newspapers of general circulation in the township at least	4076
ten days before the date of the hearing.	4077

(B) If the proposed amendment intends to rezone or redistrict	4078
ten or fewer parcels of land, as listed on the county auditor's	4079
current tax list, written notice of the hearing shall be mailed by	4080
the township zoning commission, by first class mail, at least ten	4081
days before the date of the public hearing to all owners of	4082
property within and contiguous to and directly across the street	4083
from the area proposed to be rezoned or redistricted to the	4084
addresses of those owners appearing on the county auditor's	4085
current tax list. The failure of delivery of that notice shall not	4086
invalidate any such amendment.	4087

(C) If the proposed amendment intends to rezone or redistrict	4088
ten or fewer parcels of land as listed on the county auditor's	4089
current tax list, the published and mailed notices shall set forth	4090
the time, date, and place of the public hearing and include all of	4091
the following:	4092

(1) The name of the township zoning commission that will be	4093
conducting the hearing;	4094

(2) A statement indicating that the motion, resolution, or	4095
application is an amendment to the zoning resolution;	4096

(3) A list of the addresses of all properties to be rezoned	4097
or redistricted by the proposed amendment and of the names of	4098
owners of those properties, as they appear on the county auditor's	4099
current tax list;	4100

(4) The present zoning classification of property named in	4101
the proposed amendment and the proposed zoning classification of	4102
that property;	4103

(5) The time and place where the motion, resolution, or	4104
application proposing to amend the zoning resolution will be	4105
available for examination for a period of at least ten days prior	4106
to the hearing;	4107

(6) The name of the person responsible for giving notice of	4108
the hearing by publication, by mail, or by both publication and	4109
mail;	4110

(7) A statement that, after the conclusion of the hearing,	4111
the matter will be submitted to the board of township trustees for	4112
its action;	4113

(8) Any other information requested by the commission.

4114

(D) If the proposed amendment alters the text of the zoning	4115
resolution, or rezones or redistricts more than ten parcels of	4116
land as listed on the county auditor's current tax list, the	4117
published notice shall set forth the time, date, and place of the	4118
public hearing and include all of the following:	4119

(1) The name of the township zoning commission that will be	4120
conducting the hearing on the proposed amendment;	4121

(2) A statement indicating that the motion, application, or	4122
resolution is an amendment to the zoning resolution;	4123

(3) The time and place where the text and maps of the	4124
proposed amendment will be available for examination for a period	4125
of at least ten days prior to the hearing;	4126

(4) The name of the person responsible for giving notice of	4127
the hearing by publication;	4128

(5) A statement that, after the conclusion of the hearing,	4129
the matter will be submitted to the board of township trustees for	4130
its action;	4131

(6) Any other information requested by the commission.

4132

(E) Within five days after the adoption of the motion	4133
described in division (A) of this section, the certification of	4134
the resolution described in division (A) of this section, or the	4135
filing of the application described in division (A) of this	4136
section, the township zoning commission shall transmit a copy of	4137
it together with text and map pertaining to it to the county or	4138
regional planning commission, if there is such a commission.	4139

The county or regional planning commission shall recommend	4140
the approval or denial of the proposed amendment or the approval	4141
of some modification of it and shall submit its recommendation to	4142
the township zoning commission. The recommendation shall be	4143
considered at the public hearing held by the township zoning	4144
commission on the proposed amendment.	4145

The township zoning commission, within thirty days after the	4146
hearing, shall recommend the approval or denial of the proposed	4147
amendment, or the approval of some modification of it, and submit	4148
that recommendation together with the motion, application, or	4149
resolution involved, the text and map pertaining to the proposed	4150
amendment, and the recommendation of the county or regional	4151
planning commission on it to the board of township trustees.	4152

The board of township trustees, upon receipt of that	4153
recommendation, shall set a time for a public hearing on the	4154
proposed amendment, which date shall not be more than thirty days	4155
from the date of the receipt of that recommendation. Notice of the	4156
hearing shall be given by the board by one publication in one or	4157
more newspapers of general circulation in the township, at least	4158
ten days before the date of the hearing.	4159

(F) If the proposed amendment intends to rezone or redistrict	4160
ten or fewer parcels of land as listed on the county auditor's	4161
current tax list, the published notice shall set forth the time,	4162
date, and place of the public hearing and include all of the	4163
following:	4164

(1) The name of the board of township trustees that will be	4165
conducting the hearing;	4166

(2) A statement indicating that the motion, application, or	4167
resolution is an amendment to the zoning resolution;	4168

(3) A list of the addresses of all properties to be rezoned	4169
or redistricted by the proposed amendment and of the names of	4170
owners of those properties, as they appear on the county auditor's	4171
current tax list;	4172

(4) The present zoning classification of property named in	4173
the proposed amendment and the proposed zoning classification of	4174
that property;	4175

(5) The time and place where the motion, application, or	4176
resolution proposing to amend the zoning resolution will be	4177
available for examination for a period of at least ten days prior	4178
to the hearing;	4179

(6) The name of the person responsible for giving notice of	4180
the hearing by publication, by mail, or by both publication and	4181
mail;	4182

(7) Any other information requested by the board.

4183

(G) If the proposed amendment alters the text of the zoning	4184
resolution, or rezones or redistricts more than ten parcels of	4185
land as listed on the county auditor's current tax list, the	4186
published notice shall set forth the time, date, and place of the	4187
public hearing and include all of the following:	4188

(1) The name of the board of township trustees that will be	4189
conducting the hearing on the proposed amendment;	4190

(2) A statement indicating that the motion, application, or	4191
resolution is an amendment to the zoning resolution;	4192

(3) The time and place where the text and maps of the	4193
proposed amendment will be available for examination for a period	4194
of at least ten days prior to the hearing;	4195

(4) The name of the person responsible for giving notice of	4196
the hearing by publication;	4197

(5) Any other information requested by the board.

4198

(H) Within twenty days after its public hearing, the board of	4199
township trustees shall either adopt or deny the recommendations	4200
of the township zoning commission or adopt some modification of	4201
them. If the board denies or modifies the commission's	4202
recommendations, ~~the unanimous~~a majority vote of the board shall	4203
be required.	4204

The proposed amendment, if adopted by the board, shall become	4205
effective in thirty days after the date of its adoption, unless,	4206
within thirty days after the adoption, there is presented to the	4207
board of township trustees a petition, signed by a number of	4208
registered electors residing in the unincorporated area of the	4209
township or part of that unincorporated area included in the	4210
zoning plan equal to not less than eight per cent of the total	4211
vote cast for all candidates for governor in that area at the most	4212
recent general election at which a governor was elected,	4213
requesting the board of township trustees to submit the amendment	4214
to the electors of that area for approval or rejection at a	4215
special election to be held on the day of the next primary or	4216
general election that occurs at least seventy-five days after the	4217
petition is filed. Each part of this petition shall contain the	4218
number and the full and correct title, if any, of the zoning	4219
amendment resolution, motion, or application, furnishing the name	4220
by which the amendment is known and a brief summary of its	4221
contents. In addition to meeting the requirements of this section,	4222
each petition shall be governed by the rules specified in section	4223
3501.38 of the Revised Code.	4224

The form of a petition calling for a zoning referendum and	4225
the statement of the circulator shall be substantially as follows:	4226

"PETITION FOR ZONING REFERENDUM	4227

(if the proposal is identified by a particular name or number, or	4228
both, these should be inserted here) .......................	4229

A proposal to amend the zoning map of the unincorporated area	4230
of ............. Township, ................. County, Ohio, adopted	4231
.....(date)..... (followed by brief summary of the proposal).	4232

To the Board of Township Trustees of .....................	4233
Township, ................. County, Ohio:	4234

~~...................... County, Ohio:~~	4235

We, the undersigned, being electors residing in the	4236
unincorporated area of ....................... Township, included	4237
within the ............. Township Zoning Plan, equal to not less	4238
than eight per cent of the total vote cast for all candidates for	4239
governor in the area at the preceding general election at which a	4240
governor was elected, request the Board of Township Trustees to	4241
submit this amendment of the zoning resolution to the electors of	4242
........................ Township residing within the	4243
unincorporated area of the township included in the	4244
.................. Township Zoning Resolution, for approval or	4245
rejection at a special election to be held on the day of the	4246
primary or general election to be held on .....(date).....,	4247
pursuant to section 519.12 of the Revised Code.	4248

	Street Address				Date of		4249
Signature	or R.F.D.	Township	Precinct	County	Signing		4250

..............................................................	4251

..............................................................	4252

STATEMENT OF CIRCULATOR	4253

I, .............(name of circulator).........., declare under	4254
penalty of election falsification that I am an elector of the	4255
state of Ohio and reside at the address appearing below my	4256
signature; that I am the circulator of the foregoing part petition	4257
containing .......(number)....... signatures; that I have	4258
witnessed the affixing of every signature; that all signers were	4259
to the best of my knowledge and belief qualified to sign; and that	4260
every signature is to the best of my knowledge and belief the	4261
signature of the person whose signature it purports to be or of an	4262
attorney in fact acting pursuant to section 3501.382 of the	4263
Revised Code.	4264

	................................		4265
	(Signature of circulator)		4266
	................................		4267
	(Address of circulator's permanent		4268
	residence in this state)		4269
	................................		4270
	(City, village, or township,		4271
	and zip code)		4272

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	4273
OF THE FIFTH DEGREE."	4274

The petition shall be filed with the board of township	4275
trustees and shall be accompanied by an appropriate map of the	4276
area affected by the zoning proposal. Within two weeks after	4277
receiving a petition filed under this section, the board of	4278
township trustees shall certify the petition to the board of	4279
elections. A petition filed under this section shall be certified	4280
to the board of elections not less than seventy-five days prior to	4281
the election at which the question is to be voted upon.	4282

The board of elections shall determine the sufficiency and	4283
validity of each petition certified to it by a board of township	4284
trustees under this section. If the board of elections determines	4285
that a petition is sufficient and valid, the question shall be	4286
voted upon at a special election to be held on the day of the next	4287
primary or general election that occurs at least seventy-five days	4288
after the date the petition is filed with the board of township	4289
trustees, regardless of whether any election will be held to	4290
nominate or elect candidates on that day.	4291

No amendment for which such a referendum vote has been	4292
requested shall be put into effect unless a majority of the vote	4293
cast on the issue is in favor of the amendment. Upon certification	4294
by the board of elections that the amendment has been approved by	4295
the voters, it shall take immediate effect.	4296

Within five working days after an amendment's effective date,	4297
the board of township trustees shall file the text and maps of the	4298
amendment in the office of the county recorder and with the county	4299
or regional planning commission, if one exists.	4300

The failure to file any amendment, or any text and maps, or	4301
duplicates of any of these documents, with the office of the	4302
county recorder or the county or regional planning commission as	4303
required by this section does not invalidate the amendment and is	4304
not grounds for an appeal of any decision of the board of zoning	4305
appeals.	4306

Sec. 519.211. (A) Except as otherwise provided in division	4307
(B) or (C) of this section, sections 519.02 to 519.25 of the	4308
Revised Code confer no power on any board of township trustees or	4309
board of zoning appeals in respect to the location, erection,	4310
construction, reconstruction, change, alteration, maintenance,	4311
removal, use, or enlargement of any buildings or structures of any	4312
public utility or railroad, whether publicly or privately owned,	4313
or the use of land by any public utility or railroad, for the	4314
operation of its business. As used in this division, "public	4315
utility" does not include a person that owns or operates a solid	4316
waste facility or a solid waste transfer facility that has been	4317
issued a permit under Chapter 3734. of the Revised Code or a	4318
construction and demolition debris facility that has been issued a	4319
permit under Chapter 3714. of the Revised Code.	4320

(B)(1) As used in this division, "telecommunications tower"	4321
means any free-standing structure, or any structure to be attached	4322
to a building or other structure, that meets all of the following	4323
criteria:	4324

(a) The free-standing or attached structure is proposed to be	4325
constructed on or after October 31, 1996.	4326

(b) The free-standing or attached structure is proposed to be	4327
owned or principally used by a public utility engaged in the	4328
provision of telecommunications services.	4329

(c) The free-standing or attached structure is proposed to be	4330
located in an unincorporated area of a township, in an area zoned	4331
for residential use.	4332

(d)(i) The free-standing structure is proposed to top at a	4333
height that is greater than either the maximum allowable height of	4334
residential structures within the zoned area as set forth in the	4335
applicable zoning regulations, or the maximum allowable height of	4336
such a free-standing structure as set forth in any applicable	4337
zoning regulations in effect immediately prior to October 31,	4338
1996, or as those regulations subsequently are amended.	4339

(ii) The attached structure is proposed to top at a height	4340
that is greater than either the height of the building or other	4341
structure to which it is to be attached, or the maximum allowable	4342
height of such an attached structure as set forth in any	4343
applicable zoning regulations in effect immediately prior to	4344
October 31, 1996, or as those regulations subsequently are	4345
amended.	4346

(e) The free-standing or attached structure is proposed to	4347
have attached to it radio frequency transmission or reception	4348
equipment.	4349

(2) Sections 519.02 to 519.25 of the Revised Code confer	4350
power on a board of township trustees or board of zoning appeals	4351
with respect to the location, erection, construction,	4352
reconstruction, change, alteration, removal, or enlargement of a	4353
telecommunications tower, but not with respect to the maintenance	4354
or use of such a tower or any change or alteration that would not	4355
substantially increase the tower's height. However, the power so	4356
conferred shall apply to a particular telecommunications tower	4357
only upon the provision of a notice, in accordance with division	4358
(B)(4)(a) of this section, to the person proposing to construct	4359
the tower.	4360

(3) Any person who plans to construct a telecommunications	4361
tower in an area subject to township zoning regulations shall	4362
provide both of the following by certified mail:	4363

(a) Written notice to each owner of property, as shown on the	4364
county auditor's current tax list, whose land is contiguous to or	4365
directly across a street or roadway from the property on which the	4366
tower is proposed to be constructed, stating all of the following	4367
in clear and concise language:	4368

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

4369

(ii) A description of the property sufficient to identify the	4370
proposed location;	4371

(iii) That, no later than fifteen days after the date of	4372
mailing of the notice, any such property owner may give written	4373
notice to the board of township trustees requesting that sections	4374
519.02 to 519.25 of the Revised Code apply to the proposed	4375
location of the tower as provided under division (B)(4)(a) of this	4376
section.	4377

If the notice to a property owner is returned unclaimed or	4378
refused, the person shall mail the notice by regular mail. The	4379
failure of delivery of the notice does not invalidate the notice.	4380

(b) Written notice to the board of township trustees of the	4381
information specified in divisions (B)(3)(a)(i) and (ii) of this	4382
section. The notice to the board also shall include verification	4383
that the person has complied with division (B)(3)(a) of this	4384
section.	4385

(4)(a) If the board of township trustees receives notice from	4386
a property owner under division (B)(3)(a)(iii) of this section	4387
within the time specified in that division or if a board member	4388
makes an objection to the proposed location of the	4389
telecommunications tower within fifteen days after the date of	4390
mailing of the notice sent under division (B)(3)(b) of this	4391
section, the board shall request that the fiscal officer of the	4392
township send the person proposing to construct the tower written	4393
notice that the tower is subject to the power conferred by and in	4394
accordance with division (B)(2) of this section. The notice shall	4395
be sent no later than five days after the earlier of the date the	4396
board first receives such a notice from a property owner or the	4397
date upon which a board member makes an objection. Upon the date	4398
of mailing of the notice to the person, sections 519.02 to 519.25	4399
of the Revised Code shall apply to the tower.	4400

(b) If the board of township trustees receives no notice	4401
under division (B)(3)(a)(iii) of this section within the time	4402
prescribed by that division or no board member has an objection as	4403
provided under division (B)(4)(a) of this section within the time	4404
prescribed by that division, division (A) of this section shall	4405
apply to the tower without exception.	4406

(C) Sections 519.02 to 519.25 of the Revised Code confer	4407
power on a board of township trustees or board of zoning appeals	4408
with respect to the location, erection, construction,	4409
reconstruction, change, alteration, maintenance, removal, use, or	4410
enlargement of any buildings or structures of a public utility	4411
engaged in the business of transporting persons or property, or	4412
both, or providing or furnishing such transportation service, over	4413
any public street, road, or highway in this state, and with	4414
respect to the use of land by any such public utility for the	4415
operation of its business, to the extent that any exercise of such	4416
power is reasonable and not inconsistent with Chapters 4901.,	4417
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	4418
However, this division confers no power on a board of township	4419
trustees or board of zoning appeals with respect to a building or	4420
structure of, or the use of land by, a person engaged in the	4421
transportation of farm supplies to the farm or farm products from	4422
farm to market or to food fabricating plants.	4423

(D) Sections 519.02 to 519.25 of the Revised Code confer no	4424
power on any township zoning commission, board of township	4425
trustees, or board of zoning appeals to prohibit the sale or use	4426
of alcoholic beverages in areas where the establishment and	4427
operation of any retail business, hotel, lunchroom, or restaurant	4428
is permitted.	4429

(E)(1) Any person who plans to construct a telecommunications	4430
tower within one hundred feet of a residential dwelling shall	4431
provide a written notice to the owner of the residential dwelling	4432
and to the person occupying the residence, if that person is not	4433
the owner of the residence stating in clear and concise language	4434
the person's intent to construct the tower and a description of	4435
the property sufficient to identify the proposed location. The	4436
notice shall be sent by certified mail. If the notice is returned	4437
unclaimed or refused, the person shall mail the notice by regular	4438
mail. The failure of delivery does not invalidate the notice.	4439

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

4440

(a) "Residential dwelling" means a building used or intended	4441
to be used as a personal residence by the owner, part-time owner,	4442
or lessee of the building, or any person authorized by such a	4443
person to use the building as a personal residence.	4444

(b) "Telecommunications tower" has the same meaning as in	4445
division (B)(1) of this section, except that the proposed location	4446
of the free-standing or attached structure may be an area other	4447
than an unincorporated area of a township, in an area zoned for	4448
residential use.	4449

Sec. 715.73. The area or areas to be included in a joint	4450
economic development district shall meet all of the following	4451
criteria:	4452

(A) The area or areas shall be located within the territory	4453
of one or more of the contracting parties and may consist of all	4454
of that territory.	4455

(B) No electors shall reside within the area or areas ~~and no~~	4456
~~part of the area or areas shall be zoned for residential use~~on	4457
the effective date of the contract creating the joint economic	4458
development district, as determined under section 715.77 of the	4459
Revised Code.	4460

(C) The area or areas shall not include any parcel of land	4461
owned in fee by or leased to a municipal corporation or township,	4462
unless the municipal corporation or township is a contracting	4463
party or has given its consent to have the parcel of land included	4464
in the district by the adoption of an ordinance or resolution.	4465

Sec. 715.74. (A) The contract creating a joint economic	4466
development district shall provide for the amount or nature of the	4467
contribution of each contracting party to the development and	4468
operation of the district and may provide for the sharing of the	4469
costs of the operation of and improvements for the district. The	4470
contributions may be in any form to which the contracting parties	4471
agree and may include, but are not limited to, the provision of	4472
services, money, real or personal property, facilities, or	4473
equipment. The contract may provide for the contracting parties to	4474
share revenue from taxes levied on property by one or more of the	4475
contracting parties, if those revenues may lawfully be applied to	4476
that purpose under the legislation by which those taxes are	4477
levied. The contract shall specify and provide for new, expanded,	4478
or additional services, facilities, or improvements. The contract	4479
may provide for expanded or additional capacity for or other	4480
enhancement of existing services, facilities, or improvements.	4481

(B) The contract shall enumerate the specific powers, duties,	4482
and functions of the board of directors of the district described	4483
under section 715.78 of the Revised Code and shall provide for the	4484
determination of procedures that are to govern the board.	4485

(C)(1) The contract may grant to the board the power to adopt	4486
a resolution to levy an income tax within the district and the	4487
contract may ~~desginate~~designate certain portions of the district	4488
where such an income tax may be levied. The income tax shall be	4489
used for the purposes of the district or any portion of the	4490
district in which the contract authorizes an income tax and for	4491
the purposes of the contracting parties pursuant to the contract.	4492
The income tax may be levied in the district based on income	4493
earned by persons working within the district and based on the net	4494
profits of businesses located in the district, but the income of	4495
an individual who resides in the district shall not be subject to	4496
such income tax unless the income is received for personal	4497
services performed in the district. The income tax of the district	4498
shall follow the provisions of Chapter 718. of the Revised Code,	4499
except that no vote shall be required. The rate of the income tax	4500
shall be no higher than the highest rate being levied by a	4501
municipal corporation that is a contracting party.	4502

(2) If the board adopts a resolution to levy an income tax,	4503
it shall enter into an agreement with a municipal corporation that	4504
is a contracting party to administer, collect, and enforce the	4505
income tax on behalf of the district.	4506

(3) A resolution levying an income tax under this section	4507
shall require the contracting parties to annually set aside a	4508
percentage, to be stated in the resolution, of the amount of the	4509
income tax collected for the long-term maintenance of the	4510
district.	4511

(4) An income tax levied under this section shall apply in	4512
the district or any portion of the district in which the contract	4513
authorizes an income tax throughout the term of the contract	4514
creating the district, notwithstanding that all or a portion of	4515
the district becomes subject to annexation, merger, or	4516
consolidation.	4517

(D) The contract creating a joint economic development	4518
district shall continue in existence throughout its term and shall	4519
be binding on the contracting parties and on any parties	4520
succeeding to the contracting parties, whether by annexation,	4521
merger, or consolidation. Except as provided in division (E) of	4522
this section, the contract may be amended, renewed, or terminated	4523
with the approval of the contracting parties or any parties	4524
succeeding to the contracting parties. If the contract is amended	4525
to add area to an existing district, the amendment shall be	4526
adopted in the manner prescribed under section 715.761 of the	4527
Revised Code.	4528

(E) If two or more contracting parties previously have	4529
entered into a separate contract for utility services, then	4530
amendment, renewal, or termination of the separate contract for	4531
utility services shall not constitute any part of the	4532
consideration for the contract creating a joint economic	4533
development district. A contract creating a joint economic	4534
development district shall be rebuttably presumed to violate this	4535
division if it is entered into within two years prior or five	4536
years subsequent to the amendment, renewal, or termination of a	4537
separate contract for utility services that two or more	4538
contracting parties previously have entered into. The presumption	4539
stated in this division may be rebutted by clear and convincing	4540
evidence of both of the following:	4541

(1) That other substantial consideration existed to support	4542
the contract creating a joint economic development district;	4543

(2) That the contracting parties entered into the contract	4544
creating a joint economic development district freely and without	4545
duress or coercion related to the amendment, renewal, or	4546
termination of the separate contract for utility services.	4547

(F) A contract creating a joint economic development district	4548
that violates division (E) of this section is void and	4549
unenforceable.	4550

Sec. 901.42. (A) The director of agriculture may provide	4551
financial assistance to a statewide, multi-state, or national	4552
nonprofit livestock association to defray not more than fifty per	4553
cent of the rental costs of the Ohio expositions center for	4554
purposes of conducting a livestock species exhibition at the	4555
center. In order to obtain financial assistance under this	4556
division, a nonprofit livestock association shall apply to the	4557
director on a form prescribed by the director and in the manner	4558
prescribed in rules adopted under division ~~(D)~~(C) of this section.	4559

Rental cost assistance authorized by this division shall be	4560
provided subject to both of the following conditions:	4561

(1) No nonprofit livestock association shall receive in any	4562
fiscal year rental cost assistance exceeding ~~thirty-four~~fifty per	4563
cent of the funds available to the director in that fiscal year	4564
for the purposes of this section and designated for the purpose of	4565
defraying rental costs for livestock species exhibitions.	4566

(2) The rental cost assistance shall be paid by the director	4567
to the Ohio expositions commission on behalf of the nonprofit	4568
livestock association by means of intrastate transfer voucher.	4569

If the director receives more than one application for	4570
financial assistance for rental costs, the director shall consider	4571
the cost of and local economic benefit generated by each	4572
applicant's exhibition when allocating financial assistance.	4573

(B) ~~The director may allocate not more than fifty thousand~~	4574
~~dollars of the moneys available for the purposes of this section~~	4575
~~in a fiscal year to provide financial assistance to a nonprofit~~	4576
~~livestock association to defray the costs of premium awards for a~~	4577
~~national multispecies exhibition held at the Ohio expositions~~	4578
~~center. In order to obtain financial assistance under this~~	4579
~~division, a nonprofit livestock association shall apply to the~~	4580
~~director on a form prescribed by the director and in the manner~~	4581
~~prescribed in rules adopted under division (D) of this section.~~	4582

~~(C)~~ The director may expend not more than ~~four~~two per cent	4583
of the moneys available for the purposes of this section in a	4584
fiscal year to defray the costs to the department of agriculture	4585
for administering this section or to assist in recruiting	4586
livestock exhibitions to be held at the Ohio expositions center.	4587

~~(D)~~(C) The director, in accordance with Chapter 119. of the	4588
Revised Code, shall adopt rules to carry out this section,	4589
including, without limitation, rules establishing procedures for	4590
the allocation and distribution of moneys available for the	4591
purposes of this section.	4592

Sec. 1332.04. (A) No political subdivision of this state	4593
shall provide cable service over a cable system, whether bundled	4594
with other services or unbundled, except in accordance with	4595
sections 1332.01 to 1332.10 of the Revised Code.	4596

(B)(1) No political subdivision of this state that is a	4597
public cable service provider or contracts with a public cable	4598
service provider for cable service over a cable system shall, by	4599
any means, do any of the following:	4600

(a) Prefer or advantage any public cable service provider or	4601
discriminate against any private cable service provider in any	4602
material matter affecting the provision, within the jurisdiction	4603
of the political subdivision, of cable service over a cable	4604
system;	4605

(b) Fail to apply any private cable service regulation	4606
without discrimination to a public cable service provider within	4607
the jurisdiction of the political subdivision;	4608

(c) Fail to pay all applicable fees, including, but not	4609
limited to, franchise fees, permit fees, pole attachment fees, or	4610
the equivalent of any such fees;	4611

(d) Require from a person providing video service within the	4612
jurisdiction of the political subdivision any direct or in-kind	4613
charge or a payment of any kind in exchange for PEG channel	4614
programming or other content produced by the political subdivision	4615
or by an entity created by or partially supported by the political	4616
subdivision. As used in division (B)(1)(d) of this section, "PEG	4617
channel" and "video service" have the same meanings as in section	4618
1332.21 of the Revised Code.	4619

(2) Nothing in division (B)(1) of this section requires the	4620
application of a private cable service regulation to a public	4621
cable service provider if that application would be without legal	4622
or practical consequence, such as the application of a private	4623
cable service regulation requiring provision of an insurance bond,	4624
which application to a public cable service provider would require	4625
it to insure its performance to itself.	4626

(C) No political subdivision of this state that is a public	4627
cable service provider shall have extraterritorial public cable	4628
service recipients in excess of fifty per cent of the number of	4629
public cable service recipients that reside within the	4630
geographical limits of the political subdivision. Nothing in this	4631
division prohibits public cable service providers from jointly	4632
owning and operating head-end equipment. Each such public cable	4633
service provider shall pay that proportion of the full costs of	4634
owning and operating such head-end equipment, including, but not	4635
limited to, the costs of construction, acquisition, installation,	4636
improvement, enhancement, modification, financing, maintenance,	4637
repair, and operation, equal to the total population of the	4638
political subdivision that is such public cable service provider	4639
divided by the total population of all political subdivisions that	4640
are public cable service providers jointly owning and operating	4641
such head-end equipment, determined annually or with such	4642
frequency as such public cable service providers otherwise agree.	4643

(D) No political subdivision of this state that is a	4644
franchising authority shall unreasonably withhold a request by a	4645
cable service provider to transfer, modify, or renew, in	4646
accordance with the terms of the franchise and in accordance with	4647
the provisions of the "Telecommunications Act of 1996," Pub. L.	4648
No. 104-104, Title III, Section 301(i), 110 Stat. 117, 47 U.S.C.A.	4649
537, the "Cable Communications Policy Act of 1984," Pub. L. No.	4650
98-549, Section 2, 98 Stat. 2790, 47 U.S.C.A. 545, or the "Cable	4651
Television Consumer Protection and Competition Act of 1992," Pub.	4652
L. No. 102-385, Section 18, 106 Stat. 1493, 47 U.S.C.A. 546, its	4653
existing franchise to provide cable service over a cable system.	4654

Sec. 1346.03. Any information provided to the attorney	4655
general by the department of taxation in accordance with division	4656
~~(G)~~(C)(5) of section 5703.21 of the Revised Code shall not be	4657
disclosed publicly by the attorney general except when it is	4658
necessary to facilitate compliance with and enforcement of section	4659
1346.01 or 1346.02 of the Revised Code.	4660

Sec. 1561.011. ~~Nothing~~Except as provided in section 1561.24	4661
of the Revised Code, nothing in this chapter applies to activities	4662
that are permitted and regulated under Chapter 1514. of the	4663
Revised Code.	4664

Sec. 1561.16. (A) As used in this section and sections	4665
1561.17 to 1561.21 of the Revised Code, "actual practical	4666
experience" means previous employment that involved a person's	4667
regular presence in the type of mining operation in which the	4668
experience is required to exist; participation in functions	4669
relating to the hazards involved in and the utilization of	4670
equipment, tools, and work crews and individuals for that type of	4671
mining; and regular exposure to the methods, procedures, and	4672
safety laws applicable to that type of mining. Credit of up to one	4673
year for a portion of the required experience time may be given	4674
upon documentation to the chief of the division of mineral	4675
resources management of an educational degree in a field related	4676
to mining. Credit of up to two years of the required experience	4677
time may be given upon presentation to the chief of proof of	4678
graduation from an accredited school of mines or mining after a	4679
four-year course of study with employment in the mining industry	4680
during interim breaks during the school years.	4681

(B) A person who applies for a certificate as a mine	4682
foreperson of gaseous mines shall be able to read and write the	4683
English language; shall have had at least five years' actual	4684
practical experience in the underground workings of a gaseous mine	4685
or the equivalent thereof in the judgment of the chief; and shall	4686
have had practical experience obtained by actual contact with gas	4687
in mines and have knowledge of the dangers and nature of noxious	4688
and explosive gases and ventilation of gaseous mines. An applicant	4689
for a certificate as a foreperson of gaseous mines shall meet the	4690
same requirements, except that the applicant shall have had at	4691
least three years' actual practical experience in the underground	4692
workings of a gaseous mine or the equivalent thereof in the	4693
judgment of the chief. Each applicant for examination shall pay a	4694
fee ~~of ten dollars~~established in rules adopted under this section	4695
to the chief on the first day of such examination. ~~Any~~	4696

(C) A person who has been issued a certificate as a mine	4697
foreperson or a foreperson of a gaseous mine and who has not	4698
worked in an underground coal mine for a period of more than two	4699
calendar years shall apply for and obtain recertification from the	4700
chief in accordance with rules adopted under this section before	4701
performing the duties of a mine foreperson or a foreperson of a	4702
gaseous mine. An applicant for recertification shall pay a fee	4703
established in rules adopted under this section at the time of	4704
application for recertification.	4705

(D) A person who has been issued a certificate as a mine	4706
foreperson or a foreperson of a gaseous mine and who has not	4707
worked in an underground coal mine for a period of one or more	4708
calendar years shall successfully complete a retraining course in	4709
accordance with rules adopted under this section before performing	4710
the duties of a mine foreperson or a foreperson of a gaseous mine.	4711

(E) The chief, in consultation with a statewide association	4712
representing the coal mining industry and a statewide association	4713
representing employees of coal mines, shall adopt rules in	4714
accordance with Chapter 119. of the Revised Code that do all of	4715
the following:	4716

(1) Prescribe requirements, criteria, and procedures for the	4717
recertification of a mine foreperson or a foreperson of a gaseous	4718
mine who has not worked in an underground coal mine for a period	4719
of more than two calendar years;	4720

(2) Prescribe requirements, criteria, and procedures for the	4721
retraining of a mine foreperson or a foreperson of a gaseous mine	4722
who has not worked in an underground coal mine for a period of one	4723
or more calendar years;	4724

(3) Establish fees for the examination and recertification of	4725
mine forepersons or forepersons of gaseous mines under this	4726
section;	4727

(4) Prescribe any other requirements, criteria, and	4728
procedures that the chief determines are necessary to administer	4729
this section.	4730

(F) Any moneys collected under this section shall be paid	4731
into the state treasury to the credit of the mining regulation	4732
fund created in section 1561.48 of the Revised Code.	4733

Sec. 1561.17. (A) A person who applies for a certificate as	4734
mine foreperson or foreperson of nongaseous mines shall be able to	4735
read and write the English language; shall have had at least three	4736
years' actual practical experience in mines, or the equivalent	4737
thereof in the judgment of the chief of the division of mineral	4738
resources management; and shall have knowledge of the dangers and	4739
nature of noxious gases. Each applicant for examination shall pay	4740
a fee ~~of ten dollars~~established in rules adopted under this	4741
section to the chief on the first day of the examination. ~~Any~~	4742

(B) A person who has been issued a certificate as a mine	4743
foreperson or a foreperson of a nongaseous coal mine and who has	4744
not worked in an underground coal mine for a period of more than	4745
two calendar years shall apply for and obtain recertification	4746
from the chief in accordance with rules adopted under this	4747
section before performing the duties of a mine foreperson or a	4748
foreperson of a nongaseous coal mine. An applicant for	4749
recertification shall pay a fee established in rules adopted	4750
under this section at the time of application for	4751
recertification.	4752

(C) A person who has been issued a certificate as a mine	4753
foreperson or a foreperson of a nongaseous coal mine and who has	4754
not worked in an underground coal mine for a period of one or	4755
more calendar years shall successfully complete a retraining	4756
course in accordance with rules adopted under this section before	4757
performing the duties of a mine foreperson or a foreperson of a	4758
nongaseous coal mine.	4759

(D) The chief, in consultation with a statewide association	4760
representing the coal mining industry and a statewide association	4761
representing employees of coal mines, shall adopt rules in	4762
accordance with Chapter 119. of the Revised Code that do all of	4763
the following:	4764

(1) Prescribe requirements, criteria, and procedures for the	4765
recertification of a mine foreperson or a foreperson of a	4766
nongaseous coal mine who has not worked in an underground coal	4767
mine for a period of more than two calendar years;	4768

(2) Prescribe requirements, criteria, and procedures for the	4769
retraining of a mine foreperson or a foreperson of a nongaseous	4770
coal mine who has not worked in an underground coal mine for a	4771
period of one or more calendar years;	4772

(3) Establish fees for the examination and recertification of	4773
mine forepersons or forepersons of nongaseous coal mines under	4774
this section;	4775

(4) Prescribe any other requirements, criteria, and	4776
procedures that the chief determines are necessary to administer	4777
this section.	4778

(E) Any moneys collected under this section shall be paid	4779
into the state treasury to the credit of the mining regulation	4780
fund created in section 1561.48 of the Revised Code.	4781

Sec. 1561.23. The chief of the division of mineral resources	4782
management shall issue the following certificates to those	4783
applicants who pass their examination:	4784

(A) Certificates for mine forepersons of gaseous mines;

4785

(B) Certificates for mine forepersons of nongaseous mines;

4786

4787

(D) Certificates for forepersons of nongaseous mines;

4788

(E) Certificates for forepersons of surface maintenance	4789
facilities of underground or surface mines;	4790

(F) Certificates for mine forepersons of surface mines;

4791

(G) Certificates for forepersons of surface mines;

4792

(H) Certificates for fire bosses;

4793

(I) Certificates for mine electricians;

4794

(J) Certificates for surface mine blasters;

4795

(K) Certificates for shot firers.

4796

Applicants for certificates shall make application to the	4797
chief, on a form provided by the chief, for examination. All	4798
applicants shall be able to read and write the English language	4799
intelligently, and shall furnish the chief with a certificate as	4800
to their character, length and description of their practical	4801
experience, and satisfactory evidence of their ability to perform	4802
the duties of the position for which they make application for	4803
examination.	4804

~~Any~~Except as provided in sections 1561.16 and 1561.17 of the	4805
Revised Code, any certificate issued by the former mine examining	4806
board prior to October 29, 1995, shall remain in effect	4807
notwithstanding the new classifications of certificates	4808
established by this section.	4809

Sec. 1561.24. For purposes of this chapter, Chapters 1563.,	4810
1565., and 1567., and sections 1514.40 to 1514.50 of the Revised	4811
Code, there is hereby created in the state treasury the mine	4812
safety fund. The fund shall consist of money transferred to it by	4813
the administrator of workers' compensation from the coal-workers	4814
pneumoconiosis fund established in section 4131.03 of the Revised	4815
Code. All investment earnings of the mine safety fund shall be	4816
credited to the fund. The chief of the division of mineral	4817
resources management shall use money in the fund for all of the	4818
following purposes:	4819

(A) Mine safety and health inspections and audits;

4820

(B) The purchase and maintenance of mine rescue and	4821
inspection equipment;	4822

(C) The purchase or lease of facilities for use as mine	4823
rescue stations and for mine rescue and safety training;	4824

(D) Mine rescue and safety and health training of miners;

4825

(E) Certification and recertification of mine officials.

4826

Sec. 1561.25. The division of ~~mines and reclamation~~mineral	4827
resources management shall establish and maintain four rescue	4828
stations. Three of such stations shall be centrally located at	4829
such places, conveniently accessible to the mines and mining areas	4830
of the state so as to cover the largest number of mines in the	4831
shortest period of time, as the chief of the division of ~~mines and~~	4832
~~reclamation~~mineral resources management determines; and one such	4833
station may be maintained at the mine laboratory provided for in	4834
section 1561.27 of the Revised Code. In establishing such stations	4835
the chief may use quarters owned by or in the possession and	4836
control of the state, if available, or may lease other quarters	4837
therefor. Each station shall be equipped with rescue and first aid	4838
apparatus and other equipment as follows:	4839

(A) One motor truck of sufficient capacity to carry the	4840
equipment prescribed by this section;	4841

(B) Not less than six approved breathing apparatus, complete	4842
and in good working order;	4843

(C) One recharging or refilling motor-driven pump for	4844
recharging oxygen cylinders;	4845

(D) Not less than ten oxygen storage cylinders;

4846

(E) One resuscitating outfit;

4847

(F) Not less than five approved flame safety lamps and one	4848
lamp testing cabinet;	4849

(G) Not less than two carbon monoxide detectors;

4850

(H) One approved methane indicating detector;

4851

(I) Not less than ten approved electric mine safety cap lamps	4852
complete;	4853

(J) Charging equipment for cap lamps;

4854

(K) Not less than five hundred feet of two-inch hose of	4855
standard connections and nozzles complete;	4856

(L) All the equipment necessary to provide emergency medical	4857
services, including that necessary for the services of a paramedic	4858
as defined in section 4765.01 of the Revised Code, and to	4859
establish and maintain an intravenous lifeline;	4860

(M) Sufficient parts, supplies, and other necessary equipment	4861
for maintenance and operation of the equipment prescribed in this	4862
section.	4863

All equipment shall be inspected and tested weekly for	4864
efficiency and operation, and be maintained in an effective	4865
operating condition. Reports of the condition shall be sent in	4866
writing to the division of ~~mines and reclamation~~mineral resources	4867
management.	4868

Each of ~~such~~the stations shall at all times be in charge of	4869
an assistant superintendent of rescue stations. Each assistant	4870
superintendent shall, under the supervision of the superintendent	4871
of rescue stations, conduct classes in first aid, mine safety,	4872
rescue work, and other safety educational work for the benefit of	4873
people desiring to take the same. They shall keep the equipment	4874
prescribed in this section in good condition, and see that this	4875
equipment reaches any mine whenever it is needed as expeditiously	4876
as possible. They shall help to perform whatever duties are	4877
necessary.	4878

All such stations shall be under the direction of the	4879
superintendent.	4880

Sec. 1561.26. (A) As used in this section,:

4881

(1) "EMT-basic," "EMT-I," and "paramedic" have the same	4882
meanings as in section 4765.01 of the Revised Code.	4883

(2) "Mine medical responder" has the same meaning as in	4884
section 1565.15 of the Revised Code.	4885

(B) The superintendent of rescue stations, with the approval	4886
of the chief of the division of mineral resources management,	4887
shall, at each rescue station provided for in section 1561.25 of	4888
the Revised Code, train and employ rescue crews of six members	4889
each, one of whom shall hold a mine foreperson or fire boss	4890
certificate and be designated captain, and train and employ any	4891
number of such rescue crews as the superintendent believes	4892
necessary. One member of a rescue crew shall be certified as an	4893
EMT-basic, EMT-I, mine medical responder, or paramedic. Each	4894
member of a rescue crew shall devote the time specified by the	4895
chief each month for training purposes and shall be available at	4896
all times to assist in rescue work at explosions, mine fires, and	4897
other emergencies.	4898

A captain of mine rescue crews shall receive for service as	4899
captain the sum of twenty-four dollars per month, and each member	4900
shall receive the sum of twenty dollars per month, all payable on	4901
requisition approved by the chief. When engaged in rescue work at	4902
explosions, mine fires, or other emergencies away from their	4903
station, the members of the rescue crews and captains of the same	4904
shall be paid the sum of six dollars per hour for work on the	4905
surface, which includes the time consumed by those members in	4906
traveling to and from the scene of the emergency when the scene is	4907
away from the station of the members, and the sum of seven dollars	4908
per hour for all work underground at the emergency, and in	4909
addition thereto, the necessary living expenses of the members	4910
when the emergency is away from their home station, all payable on	4911
requisition approved by the chief.	4912

Each member of a mine rescue crew shall undergo an annual	4913
medical examination. The chief may designate to perform an	4914
examination any individual authorized by the Revised Code to do	4915
so, including a physician assistant, a clinical nurse specialist,	4916
a certified nurse practitioner, or a certified nurse-midwife. In	4917
designating the individual to perform a medical examination, the	4918
chief shall choose one near the station of the member of the	4919
rescue crews. The examiner shall report the examination results to	4920
the chief and if, in the opinion of the chief, the report	4921
indicates that the member is physically unfit for further	4922
services, the chief shall relieve the member from further duty.	4923
The fee charged by the examiner for the examination shall be paid	4924
in the same manner as fees are paid to doctors employed by the	4925
industrial commission for special medical examinations.	4926

The chief may remove any member of a rescue crew for any	4927
reason. Such crews shall be subject to the orders of the chief,	4928
the superintendent, and the deputy mine inspectors when engaged in	4929
actual mine rescue work. Mine rescue crews shall, in case of	4930
death or injury when engaged in rescue work, wherever the same may	4931
occur, be paid compensation, or their dependents shall be paid	4932
death benefits, from the workers' compensation fund, in the same	4933
manner as other employees of the state.	4934

(C) In addition to the training of rescue crews, each	4935
assistant superintendent of rescue stations, with the approval of	4936
the superintendent, shall provide for and conduct safety, first	4937
aid, and rescue classes at any mine or for any group of miners who	4938
make application for the conducting of such classes. The chief may	4939
assess a fee for safety and first aid classes for the purpose of	4940
covering the costs associated with providing those classes. The	4941
chief shall establish a fee schedule for safety and first aid	4942
classes by rule adopted in accordance with Chapter 119. of the	4943
Revised Code. Fees collected under this section shall be deposited	4944
in the surface mining fund created in section 1514.06 of the	4945
Revised Code.	4946

The superintendent shall prescribe and provide for a uniform	4947
schedule of conducting such safety and rescue classes as will	4948
provide a competent knowledge of modern safety and rescue methods	4949
in, at, and about mines.	4950

(D) No member of a mine rescue crew who performs mine rescue	4951
at an underground coal mine and no operator of a mine whose	4952
employee participates as a member of such a mine rescue crew is	4953
liable in any civil action that arises under the laws of this	4954
state for damage or injury caused in the performance of rescue	4955
work at an underground coal mine. However, a member of such a mine	4956
rescue crew may be liable if the member acted with malicious	4957
purpose, in bad faith, or in a wanton or reckless manner.	4958

This division does not eliminate, limit, or reduce any	4959
immunity from civil liability that is conferred on a member of	4960
such a mine rescue crew or an operator by any other provision of	4961
the Revised Code or by case law.	4962

Sec. 1561.261. Except for civil actions in which the state is	4963
the plaintiff, no employee of the division of mineral resources	4964
management who performs rescue work at an underground coal mine is	4965
liable in any civil action that arises under the laws of this	4966
state for damage or injury caused in the performance of rescue	4967
work at an underground coal mine unless the employee acted with	4968
malicious purpose, in bad faith, or in a wanton or reckless	4969
manner.	4970

This section does not eliminate, limit, or reduce any	4971
immunity from civil liability that is conferred on an employee of	4972
the division by any other provision of the Revised Code or by case	4973
law.	4974

Sec. 1565.15. (A) As used in this section:

4975

(1) "EMT-basic," "EMT-I," "paramedic," and "emergency medical	4976
service organization" have the same meanings as in section 4765.01	4977
of the Revised Code.	4978

(2) "First aid provider" includes a mine medical responder,	4979
an EMT-basic, an EMT-I, a paramedic, or an employee at a surface	4980
coal mine who has satisfied the training requirements established	4981
in division (D)(1) of this section.	4982

(3) "Mine medical responder" means a person who has satisfied	4983
the requirements established in rules adopted under division (E)	4984
of this section.	4985

(B) The operator of an underground coal mine where twenty or	4986
more persons are employed on a shift, including all persons	4987
working at different locations at the mine within a ten-mile	4988
radius, shall provide at least one mine medical responder,	4989
EMT-basic, or EMT-I on duty at the underground coal mine whenever	4990
employees at the mine are actively engaged in the extraction,	4991
production, or preparation of coal. The operator shall provide	4992
mine medical responders, EMTs-basic, or EMTs-I on duty at the	4993
underground coal mine at times and in numbers sufficient to ensure	4994
that no miner works in a mine location that cannot be reached	4995
within a reasonable time by a mine medical responder, an	4996
EMT-basic, or an EMT-I. Mine medical responders, EMTs-basic, and	4997
EMTs-I shall be employed on their regular coal mining duties at	4998
locations convenient for quick response to emergencies in order to	4999
provide emergency medical services inside the underground coal	5000
mine and transportation of injured or sick employees to the	5001
entrance of the mine. The operator shall provide for the services	5002
of at least one emergency medical service organization to be	5003
available on call to reach the entrance of the underground coal	5004
mine within thirty minutes at any time that employees are engaged	5005
in the extraction, production, or preparation of coal in order to	5006
provide emergency medical services and transportation to a	5007
hospital.	5008

The operator shall make available to mine medical responders,	5009
EMTs-basic, and EMTs-I all of the equipment for first aid and	5010
emergency medical services that is necessary for those personnel	5011
to function and to comply with the regulations pertaining to	5012
first aid and emergency medical services that are adopted under	5013
the "Federal Mine Safety and Health Act of 1977," 91 Stat. 1290,	5014
30 U.S.C.A. 801, and amendments to it. The operator of the	5015
underground coal mine shall install telephone service or	5016
equivalent facilities that enable two-way voice communication	5017
between the mine medical responders, EMTs-basic, or EMTs-I in the	5018
mine and the emergency medical service organization outside the	5019
mine that provides emergency medical services on a regular basis.	5020

(C) The operator of a surface coal mine shall provide at	5021
least one first aid provider on duty at the mine whenever	5022
employees at the mine are actively engaged in the extraction,	5023
production, or preparation of coal. The operator shall provide	5024
first aid providers on duty at the surface coal mine at times and	5025
in numbers sufficient to ensure that no miner works in a mine	5026
location that cannot be reached within a reasonable time by a	5027
first aid provider. First aid providers shall be employed on their	5028
regular coal mining duties at locations convenient for quick	5029
response to emergencies in order to provide emergency medical	5030
services and transportation of injured or sick employees to the	5031
entrance of the surface coal mine. The operator shall provide for	5032
the services of at least one emergency medical service	5033
organization to be available on call to reach the entrance of the	5034
surface coal mine within thirty minutes at any time that employees	5035
are engaged in the extraction, production, or preparation of coal	5036
in order to provide emergency medical services and transportation	5037
to a hospital.	5038

The operator shall provide at the mine site all of the	5039
equipment for first aid and emergency medical services that is	5040
necessary for those personnel to function and to comply with the	5041
regulations pertaining to first aid and emergency medical services	5042
that are adopted under the "Federal Mine Safety and Health Act of	5043
1977," 91 Stat. 1290, 30 U.S.C.A. 801, and amendments to it.	5044

(D)(1) An employee at a surface coal mine shall be considered	5045
to be a first aid provider for the purposes of this section if the	5046
employee has received from an instructor approved by the chief of	5047
the division of mineral resources management ten hours of initial	5048
first aid training as a selected supervisory employee under 30	5049
C.F.R. 77.1703 and receives five hours of refresher first aid	5050
training as a selected supervisory employee under 30 C.F.R.	5051
77.1705 in each subsequent calendar year.	5052

(2) Each miner employed at a surface coal mine who is not a	5053
first aid provider shall receive from an instructor approved by	5054
the chief three hours of initial first aid training and two hours	5055
of refresher first aid training in each subsequent calendar year.	5056

(3) The training received in accordance with division (D) of	5057
this section shall consist of a course of instruction established	5058
in the manual issued by the mine safety and health administration	5059
in the United States department of labor entitled "first aid, a	5060
bureau of mines instruction manual" or its successor or any other	5061
curriculum approved by the chief. The training shall be included	5062
in the hours of instruction provided to miners in accordance with	5063
training requirements established under 30 C.F.R. part 48, subpart	5064
(B), as amended, and 30 C.F.R. part 77, as amended.	5065

(E) The chief, in consultation with persons certified under	5066
Chapter 4765. of the Revised Code to teach in an emergency medical	5067
services training program, shall adopt rules in accordance with	5068
Chapter 119. of the Revised Code that do all of the following:	5069

(1) Prescribe training requirements for a mine medical	5070
responder that specifically focus on treating injuries and	5071
illnesses associated with underground coal mining;	5072

(2) Prescribe an examination for a mine medical responder;

5073

(3) Prescribe continuing training requirements for a mine	5074
medical responder;	5075

(4) Establish the fee for examination for a mine medical	5076
responder;	5077

(5) Prescribe any other requirements, criteria, and	5078
procedures that the chief determines are necessary regarding the	5079
training, examination, and continuing training of mine medical	5080
responders.	5081

If a person qualifies as a mine medical responder or similar	5082
classification in another state, the person may provide emergency	5083
medical services as a mine medical responder in this state	5084
without completing the training or passing the examination that	5085
is required in rules adopted under this division, provided that	5086
the chief determines that the person's qualifications from the	5087
other state satisfy all of the applicable requirements that are	5088
established in rules adopted under this division.	5089

(F) Each operator of a surface coal mine shall establish,	5090
keep current, and make available for inspection an emergency	5091
medical plan that includes the telephone numbers of the division	5092
of mineral resources management and of an emergency medical	5093
services organization the services of which are required to be	5094
retained under division (C) of this section. The chief shall adopt	5095
rules in accordance with Chapter 119. of the Revised Code that	5096
establish any additional information required to be included in an	5097
emergency medical plan.	5098

~~(F)~~(G) Each operator of an underground coal mine or surface	5099
coal mine shall provide or contract to obtain emergency medical	5100
services training or first aid training, as applicable, at the	5101
operator's expense, that is sufficient to train and maintain the	5102
certification of the number of employees necessary to comply with	5103
division (B) of this section and that is sufficient to train	5104
employees as required under division (D) of this section and to	5105
comply with division (C) of this section.	5106

~~(G)~~(H) The division may provide emergency medical services	5107
training for coal mine employees by operating an emergency medical	5108
services training program accredited under section 4765.17 of the	5109
Revised Code or by contracting with the operator of an emergency	5110
medical services training program accredited under that section to	5111
provide that training. The division may charge coal mine operators	5112
a uniform part of the unit cost per trainee.	5113

~~(H)~~(I) No coal mine operator shall violate or fail to comply	5114
with this section.	5115

Sec. 1567.64. (A) As used in this section, "tag lines" and	5116
"tie-off lines" have the same meanings as in rules adopted under	5117
this section.	5118

(B) The operator of an underground coal mine shall provide	5119
tag lines or tie-off lines for each miner at the mine. The	5120
operator shall provide and employees of the mine shall use tag	5121
lines or tie-off lines in accordance with requirements and	5122
procedures established in rules adopted under this section.	5123

(C) The chief of the division of mineral resources	5124
management, in consultation with a statewide association	5125
representing the coal mining industry and a statewide association	5126
representing employees of coal mines, shall adopt rules in	5127
accordance with Chapter 119. of the Revised Code concerning the	5128
use of tag lines or tie-off lines in an underground coal mine. The	5129
rules shall include all of the following:	5130

(1) A definition of "tag line" and of "tie-off line";

5131

(2) A description or list of acceptable tag lines and tie-off	5132
lines;	5133

(3) Procedures and requirements for the use of tag lines and	5134
tie-off lines;	5135

(4) Procedures for the approval and inspection of the use of	5136
tag lines and tie-off lines in a mine;	5137

(5) Any other requirements concerning tag lines or tie-off	5138
lines that the chief determines are necessary.	5139

(D) No operator of a mine shall refuse or neglect to comply	5140
with this section or rules adopted under it.	5141

Sec. 1567.681. (A) The operator of an underground coal mine	5142
that uses conveyor belts in the operation of the mine shall	5143
install fire detection devices on each conveyor belt that is used	5144
in the mine. The fire detection devices shall be of a design and	5145
type established in rules adopted under this section. The chief of	5146
the division of mineral resources management shall inspect the	5147
fire detection devices after the operator of the mine has	5148
installed the devices on the conveyor belts that are used in the	5149
operation of the mine. The chief shall approve or disapprove the	5150
installation of the fire detection devices and shall notify the	5151
operator of the chief's decision.	5152

(B) The chief, in consultation with a statewide association	5153
representing the coal mining industry and a statewide association	5154
representing employees of coal mines, shall adopt rules in	5155
accordance with Chapter 119. of the Revised Code concerning the	5156
installation and use of fire detection devices on conveyor belts	5157
that are used in an underground coal mine. The rules shall include	5158
all of the following:	5159

(1) The design and types of fire detection devices that must	5160
be used on a conveyor belt in order to provide for the earliest	5161
possible detection of a fire;	5162

(2) The number of fire detection devices that are required	5163
on a conveyor belt;	5164

(3) A procedure for the notification of the chief after the	5165
operator of a mine has installed the fire detection devices;	5166

(4) A procedure for the inspection of fire detection devices	5167
installed on a conveyor belt;	5168

(5) Any other requirements that the chief determines are	5169
necessary.	5170

(C) No operator of a mine shall refuse or neglect to comply	5171
with this section or rules adopted under it.	5172

Sec. 2743.49. (A)(1) In January of each odd-numbered year,	5173
the auditor of state, in accordance with this division and	5174
division (A)(2) of this section, shall adjust the actual dollar	5175
figure specified in division (E)(2)(b) of section 2743.48 of the	5176
Revised Code or the actual dollar amount determined pursuant to	5177
this section. The adjustment shall be based on the yearly average	5178
of the previous two years of the consumer price index for all	5179
urban consumers or its successive equivalent, as determined by the	5180
United States department of labor, bureau of labor statistics, or	5181
its successor in responsibility, for all items, Series A. ~~The~~	5182
~~auditor of state shall calculate the adjustment in the following~~	5183
~~manner:~~	5184

~~(a) First, using the yearly average for the immediately~~	5185
~~preceding odd-numbered year as the base year, the auditor of state~~	5186
~~shall compare the most current average consumer price index with~~	5187
~~that determined in the even-numbered year immediately preceding~~	5188
~~that odd-numbered year and shall determine the percentage increase~~	5189
~~or decrease. The auditor of state shall multiply the percentage~~	5190
~~increase or decrease by the actual dollar figure specified in~~	5191
~~division (E)(2)(b) of section 2743.48 of the Revised Code or the~~	5192
~~actual dollar figure determined for the previous odd-numbered year~~	5193
~~under this section and shall add the product to or subtract the~~	5194
~~product from its corresponding actual dollar figure, as~~	5195
~~applicable, for the previous odd-numbered year.~~	5196

~~(b) Second, using~~Using the yearly average for the	5197
immediately preceding even-numbered year as the base year, the	5198
auditor of state shall compare the most current average consumer	5199
price index with that determined in the preceding odd-numbered	5200
year ~~immediately preceding that even-numbered year~~ and shall	5201
determine the percentage increase or decrease. The auditor of	5202
state shall multiply the percentage increase or decrease by the	5203
actual dollar figure specified in division (E)(2)(b) of section	5204
2743.48 of the Revised Code or the actual dollar figure determined	5205
under ~~division (A)(1)(a) of~~ this section for the previous	5206
~~even-numbered~~odd-numbered year and shall add the product to or	5207
subtract the product from its corresponding actual dollar figure,	5208
as applicable, for the previous odd-numbered year. ~~The resulting~~	5209
~~figure is the adjusted dollar amount determined under this section~~	5210
~~for purposes of this section and section 2743.48 of the Revised~~	5211
~~Code.~~	5212

(2) The auditor of state shall calculate the adjustment under	5213
division (A)(1) of this section on or before the thirty-first day	5214
of January of each odd-numbered year. The auditor of state shall	5215
base the adjustment on the most current consumer price index that	5216
is described in division (A)(1) of this section and that is in	5217
effect as of the first day of January of each odd-numbered year.	5218

(B)(1) The auditor of state shall certify the calculations	5219
made under division (A) of this section on or before the	5220
thirty-first day of January of each odd-numbered year.	5221

(2) On or before the fifteenth day of February of each	5222
odd-numbered year, the auditor of state shall prepare a report	5223
setting forth the amount that a wrongfully imprisoned individual	5224
is entitled to for each full year of imprisonment in the state	5225
correctional institution for the offense of which the wrongfully	5226
imprisoned individual was found guilty as provided in division	5227
(E)(2)(b) of section ~~2743.49~~2743.48 of the Revised Code and as	5228
calculated in accordance with this section. The report and all	5229
documents relating to the calculations contained in the report are	5230
public records. The report shall contain an indication of the	5231
period in which the calculated amount applies, a summary of how	5232
the amount was calculated, and a statement that the report and all	5233
related documents are available for inspection and copying at the	5234
office of the auditor of state.	5235

(3) On or before the fifteenth day of February of each	5236
odd-numbered year, the auditor of state shall transmit the report	5237
to the general assembly and to the court of claims.	5238

Sec. 2921.13. (A) No person shall knowingly make a false	5239
statement, or knowingly swear or affirm the truth of a false	5240
statement previously made, when any of the following applies:	5241

(1) The statement is made in any official proceeding.

5242

(2) The statement is made with purpose to incriminate	5243
another.	5244

(3) The statement is made with purpose to mislead a public	5245
official in performing the public official's official function.	5246

(4) The statement is made with purpose to secure the payment	5247
of unemployment compensation; Ohio works first; prevention,	5248
retention, and contingency benefits and services; disability	5249
financial assistance; retirement benefits; economic development	5250
assistance, as defined in section 9.66 of the Revised Code; or	5251
other benefits administered by a governmental agency or paid out	5252
of a public treasury.	5253

(5) The statement is made with purpose to secure the issuance	5254
by a governmental agency of a license, permit, authorization,	5255
certificate, registration, release, or provider agreement.	5256

(6) The statement is sworn or affirmed before a notary public	5257
or another person empowered to administer oaths.	5258

(7) The statement is in writing on or in connection with a	5259
report or return that is required or authorized by law.	5260

(8) The statement is in writing and is made with purpose to	5261
induce another to extend credit to or employ the offender, to	5262
confer any degree, diploma, certificate of attainment, award of	5263
excellence, or honor on the offender, or to extend to or bestow	5264
upon the offender any other valuable benefit or distinction, when	5265
the person to whom the statement is directed relies upon it to	5266
that person's detriment.	5267

(9) The statement is made with purpose to commit or	5268
facilitate the commission of a theft offense.	5269

(10) The statement is knowingly made to a probate court in	5270
connection with any action, proceeding, or other matter within its	5271
jurisdiction, either orally or in a written document, including,	5272
but not limited to, an application, petition, complaint, or other	5273
pleading, or an inventory, account, or report.	5274

(11) The statement is made on an account, form, record,	5275
stamp, label, or other writing that is required by law.	5276

(12) The statement is made in connection with the purchase of	5277
a firearm, as defined in section 2923.11 of the Revised Code, and	5278
in conjunction with the furnishing to the seller of the firearm of	5279
a fictitious or altered driver's or commercial driver's license or	5280
permit, a fictitious or altered identification card, or any other	5281
document that contains false information about the purchaser's	5282
identity.	5283

(13) The statement is made in a document or instrument of	5284
writing that purports to be a judgment, lien, or claim of	5285
indebtedness and is filed or recorded with the secretary of state,	5286
a county recorder, or the clerk of a court of record.	5287

(14) The statement is made with purpose to obtain an Ohio's	5288
best Rx program enrollment card under section 173.773 of the	5289
Revised Code or a payment under section 173.801 of the Revised	5290
Code.	5291

(15) The statement is made in an application filed with a	5292
county sheriff pursuant to section 2923.125 of the Revised Code in	5293
order to obtain or renew a license to carry a concealed handgun or	5294
is made in an affidavit submitted to a county sheriff to obtain a	5295
temporary emergency license to carry a concealed handgun under	5296
section 2923.1213 of the Revised Code.	5297

(16) The statement is required under section ~~5743.72~~5743.71	5298
of the Revised Code in connection with the person's purchase of	5299
cigarettes or tobacco products in a delivery sale.	5300

(B) No person, in connection with the purchase of a firearm,	5301
as defined in section 2923.11 of the Revised Code, shall knowingly	5302
furnish to the seller of the firearm a fictitious or altered	5303
driver's or commercial driver's license or permit, a fictitious or	5304
altered identification card, or any other document that contains	5305
false information about the purchaser's identity.	5306

(C) No person, in an attempt to obtain a license to carry a	5307
concealed handgun under section 2923.125 of the Revised Code,	5308
shall knowingly present to a sheriff a fictitious or altered	5309
document that purports to be certification of the person's	5310
competence in handling a handgun as described in division (B)(3)	5311
of section 2923.125 of the Revised Code.	5312

(D) It is no defense to a charge under division (A)(6) of	5313
this section that the oath or affirmation was administered or	5314
taken in an irregular manner.	5315

(E) If contradictory statements relating to the same fact are	5316
made by the offender within the period of the statute of	5317
limitations for falsification, it is not necessary for the	5318
prosecution to prove which statement was false but only that one	5319
or the other was false.	5320

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	5321
(6), (7), (8), (10), (11), (13), (14), or (16) of this section is	5322
guilty of falsification, a misdemeanor of the first degree.	5323

(2) Whoever violates division (A)(9) of this section is	5324
guilty of falsification in a theft offense. Except as otherwise	5325
provided in this division, falsification in a theft offense is a	5326
misdemeanor of the first degree. If the value of the property or	5327
services stolen is five hundred dollars or more and is less than	5328
five thousand dollars, falsification in a theft offense is a	5329
felony of the fifth degree. If the value of the property or	5330
services stolen is five thousand dollars or more and is less than	5331
one hundred thousand dollars, falsification in a theft offense is	5332
a felony of the fourth degree. If the value of the property or	5333
services stolen is one hundred thousand dollars or more,	5334
falsification in a theft offense is a felony of the third degree.	5335

(3) Whoever violates division (A)(12) or (B) of this section	5336
is guilty of falsification to purchase a firearm, a felony of the	5337
fifth degree.	5338

(4) Whoever violates division (A)(15) or (C) of this section	5339
is guilty of falsification to obtain a concealed handgun license,	5340
a felony of the fourth degree.	5341

(G) A person who violates this section is liable in a civil	5342
action to any person harmed by the violation for injury, death, or	5343
loss to person or property incurred as a result of the commission	5344
of the offense and for reasonable attorney's fees, court costs,	5345
and other expenses incurred as a result of prosecuting the civil	5346
action commenced under this division. A civil action under this	5347
division is not the exclusive remedy of a person who incurs	5348
injury, death, or loss to person or property as a result of a	5349
violation of this section.	5350

Sec. 2935.01. As used in this chapter:

5351

(A) "Magistrate" has the same meaning as in section 2931.01	5352
of the Revised Code.	5353

(B) "Peace officer" includes, except as provided in section	5354
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	5355
deputy marshal; member of the organized police department of any	5356
municipal corporation, including a member of the organized police	5357
department of a municipal corporation in an adjoining state	5358
serving in Ohio under a contract pursuant to section 737.04 of the	5359
Revised Code; member of a police force employed by a metropolitan	5360
housing authority under division (D) of section 3735.31 of the	5361
Revised Code; member of a police force employed by a regional	5362
transit authority under division (Y) of section 306.05 of the	5363
Revised Code; state university law enforcement officer appointed	5364
under section 3345.04 of the Revised Code; enforcement agent of	5365
the department of public safety designated under section 5502.14	5366
of the Revised Code; employee of the department of taxation to	5367
whom investigation powers have been delegated under section	5368
5743.45 of the Revised Code; employee of the department of natural	5369
resources who is a natural resources law enforcement staff officer	5370
designated pursuant to section 1501.013 of the Revised Code, a	5371
forest officer designated pursuant to section 1503.29 of the	5372
Revised Code, a preserve officer designated pursuant to section	5373
1517.10 of the Revised Code, a wildlife officer designated	5374
pursuant to section 1531.13 of the Revised Code, a park officer	5375
designated pursuant to section 1541.10 of the Revised Code, or a	5376
state watercraft officer designated pursuant to section 1547.521	5377
of the Revised Code; individual designated to perform law	5378
enforcement duties under section 511.232, 1545.13, or 6101.75 of	5379
the Revised Code; veterans' home police officer appointed under	5380
section 5907.02 of the Revised Code; special police officer	5381
employed by a port authority under section 4582.04 or 4582.28 of	5382
the Revised Code; police constable of any township; police officer	5383
of a township or joint township police district; a special police	5384
officer employed by a municipal corporation at a municipal	5385
airport, or other municipal air navigation facility, that has	5386
scheduled operations, as defined in section 119.3 of Title 14 of	5387
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	5388
that is required to be under a security program and is governed by	5389
aviation security rules of the transportation security	5390
administration of the United States department of transportation	5391
as provided in Parts 1542. and 1544. of Title 49 of the Code of	5392
Federal Regulations, as amended; the house of representatives	5393
sergeant at arms if the house of representatives sergeant at arms	5394
has arrest authority pursuant to division (E)(1) of section	5395
101.311 of the Revised Code; and an assistant house of	5396
representatives sergeant at arms; officer or employee of the	5397
bureau of criminal identification and investigation established	5398
pursuant to section 109.51 of the Revised Code who has been	5399
awarded a certificate by the executive director of the Ohio peace	5400
officer training commission attesting to the officer's or	5401
employee's satisfactory completion of an approved state, county,	5402
municipal, or department of natural resources peace officer basic	5403
training program and who is providing assistance upon request to a	5404
law enforcement officer or emergency assistance to a peace officer	5405
pursuant to section 109.54 or 109.541 of the Revised Code; a state	5406
fire marshal law enforcement officer described in division (A)(23)	5407
of section 109.71 of the Revised Code; and, for the purpose of	5408
arrests within those areas, for the purposes of Chapter 5503. of	5409
the Revised Code, and the filing of and service of process	5410
relating to those offenses witnessed or investigated by them, the	5411
superintendent and troopers of the state highway patrol.	5412

(C) "Prosecutor" includes the county prosecuting attorney and	5413
any assistant prosecutor designated to assist the county	5414
prosecuting attorney, and, in the case of courts inferior to	5415
courts of common pleas, includes the village solicitor, city	5416
director of law, or similar chief legal officer of a municipal	5417
corporation, any such officer's assistants, or any attorney	5418
designated by the prosecuting attorney of the county to appear for	5419
the prosecution of a given case.	5420

(D) "Offense," except where the context specifically	5421
indicates otherwise, includes felonies, misdemeanors, and	5422
violations of ordinances of municipal corporations and other	5423
public bodies authorized by law to adopt penal regulations.	5424

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	5425
deputy marshal, municipal police officer, township constable,	5426
police officer of a township or joint township police district,	5427
member of a police force employed by a metropolitan housing	5428
authority under division (D) of section 3735.31 of the Revised	5429
Code, member of a police force employed by a regional transit	5430
authority under division (Y) of section 306.35 of the Revised	5431
Code, state university law enforcement officer appointed under	5432
section 3345.04 of the Revised Code, veterans' home police officer	5433
appointed under section 5907.02 of the Revised Code, special	5434
police officer employed by a port authority under section 4582.04	5435
or 4582.28 of the Revised Code, or a special police officer	5436
employed by a municipal corporation at a municipal airport, or	5437
other municipal air navigation facility, that has scheduled	5438
operations, as defined in section 119.3 of Title 14 of the Code of	5439
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	5440
required to be under a security program and is governed by	5441
aviation security rules of the transportation security	5442
administration of the United States department of transportation	5443
as provided in Parts 1542. and 1544. of Title 49 of the Code of	5444
Federal Regulations, as amended, shall arrest and detain, until a	5445
warrant can be obtained, a person found violating, within the	5446
limits of the political subdivision, metropolitan housing	5447
authority housing project, regional transit authority facilities	5448
or areas of a municipal corporation that have been agreed to by a	5449
regional transit authority and a municipal corporation located	5450
within its territorial jurisdiction, college, university,	5451
veterans' home operated under Chapter 5907. of the Revised Code,	5452
port authority, or municipal airport or other municipal air	5453
navigation facility, in which the peace officer is appointed,	5454
employed, or elected, a law of this state, an ordinance of a	5455
municipal corporation, or a resolution of a township.	5456

(2) A peace officer of the department of natural resources, a	5457
state fire marshal law enforcement officer described in division	5458
(A)(23) of section 109.71 of the Revised Code, or an individual	5459
designated to perform law enforcement duties under section	5460
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	5461
detain, until a warrant can be obtained, a person found	5462
violating, within the limits of the peace officer's, state fire	5463
marshal law enforcement officer's, or individual's territorial	5464
jurisdiction, a law of this state.	5465

(3) The house sergeant at arms if the house sergeant at arms	5466
has arrest authority pursuant to division (E)(1) of section	5467
101.311 of the Revised Code and an assistant house sergeant at	5468
arms shall arrest and detain, until a warrant can be obtained, a	5469
person found violating, within the limits of the sergeant at	5470
arms's or assistant sergeant at arms's territorial jurisdiction	5471
specified in division (D)(1)(a) of section 101.311 of the Revised	5472
Code or while providing security pursuant to division (D)(1)(f) of	5473
section 101.311 of the Revised Code, a law of this state, an	5474
ordinance of a municipal corporation, or a resolution of a	5475
township.	5476

(B)(1) When there is reasonable ground to believe that an	5477
offense of violence, the offense of criminal child enticement as	5478
defined in section 2905.05 of the Revised Code, the offense of	5479
public indecency as defined in section 2907.09 of the Revised	5480
Code, the offense of domestic violence as defined in section	5481
2919.25 of the Revised Code, the offense of violating a protection	5482
order as defined in section 2919.27 of the Revised Code, the	5483
offense of menacing by stalking as defined in section 2903.211 of	5484
the Revised Code, the offense of aggravated trespass as defined in	5485
section 2911.211 of the Revised Code, a theft offense as defined	5486
in section 2913.01 of the Revised Code, or a felony drug abuse	5487
offense as defined in section 2925.01 of the Revised Code, has	5488
been committed within the limits of the political subdivision,	5489
metropolitan housing authority housing project, regional transit	5490
authority facilities or those areas of a municipal corporation	5491
that have been agreed to by a regional transit authority and a	5492
municipal corporation located within its territorial jurisdiction,	5493
college, university, veterans' home operated under Chapter 5907.	5494
of the Revised Code, port authority, or municipal airport or other	5495
municipal air navigation facility, in which the peace officer is	5496
appointed, employed, or elected or within the limits of the	5497
territorial jurisdiction of the peace officer, a peace officer	5498
described in division (A) of this section may arrest and detain	5499
until a warrant can be obtained any person who the peace officer	5500
has reasonable cause to believe is guilty of the violation.	5501

(2) For purposes of division (B)(1) of this section, the	5502
execution of any of the following constitutes reasonable ground to	5503
believe that the offense alleged in the statement was committed	5504
and reasonable cause to believe that the person alleged in the	5505
statement to have committed the offense is guilty of the	5506
violation:	5507

(a) A written statement by a person alleging that an alleged	5508
offender has committed the offense of menacing by stalking or	5509
aggravated trespass;	5510

(b) A written statement by the administrator of the	5511
interstate compact on mental health appointed under section	5512
5119.51 of the Revised Code alleging that a person who had been	5513
hospitalized, institutionalized, or confined in any facility under	5514
an order made pursuant to or under authority of section 2945.37,	5515
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	5516
Revised Code has escaped from the facility, from confinement in a	5517
vehicle for transportation to or from the facility, or from	5518
supervision by an employee of the facility that is incidental to	5519
hospitalization, institutionalization, or confinement in the	5520
facility and that occurs outside of the facility, in violation of	5521
section 2921.34 of the Revised Code;	5522

(c) A written statement by the administrator of any facility	5523
in which a person has been hospitalized, institutionalized, or	5524
confined under an order made pursuant to or under authority of	5525
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	5526
2945.402 of the Revised Code alleging that the person has escaped	5527
from the facility, from confinement in a vehicle for	5528
transportation to or from the facility, or from supervision by an	5529
employee of the facility that is incidental to hospitalization,	5530
institutionalization, or confinement in the facility and that	5531
occurs outside of the facility, in violation of section 2921.34 of	5532
the Revised Code.	5533

(3)(a) For purposes of division (B)(1) of this section, a	5534
peace officer described in division (A) of this section has	5535
reasonable grounds to believe that the offense of domestic	5536
violence or the offense of violating a protection order has been	5537
committed and reasonable cause to believe that a particular person	5538
is guilty of committing the offense if any of the following	5539
occurs:	5540

(i) A person executes a written statement alleging that the	5541
person in question has committed the offense of domestic violence	5542
or the offense of violating a protection order against the person	5543
who executes the statement or against a child of the person who	5544
executes the statement.	5545

(ii) No written statement of the type described in division	5546
(B)(3)(a)(i) of this section is executed, but the peace officer,	5547
based upon the peace officer's own knowledge and observation of	5548
the facts and circumstances of the alleged incident of the offense	5549
of domestic violence or the alleged incident of the offense of	5550
violating a protection order or based upon any other information,	5551
including, but not limited to, any reasonably trustworthy	5552
information given to the peace officer by the alleged victim of	5553
the alleged incident of the offense or any witness of the alleged	5554
incident of the offense, concludes that there are reasonable	5555
grounds to believe that the offense of domestic violence or the	5556
offense of violating a protection order has been committed and	5557
reasonable cause to believe that the person in question is guilty	5558
of committing the offense.	5559

(iii) No written statement of the type described in division	5560
(B)(3)(a)(i) of this section is executed, but the peace officer	5561
witnessed the person in question commit the offense of domestic	5562
violence or the offense of violating a protection order.	5563

(b) If pursuant to division (B)(3)(a) of this section a peace	5564
officer has reasonable grounds to believe that the offense of	5565
domestic violence or the offense of violating a protection order	5566
has been committed and reasonable cause to believe that a	5567
particular person is guilty of committing the offense, it is the	5568
preferred course of action in this state that the officer arrest	5569
and detain that person pursuant to division (B)(1) of this section	5570
until a warrant can be obtained.	5571

If pursuant to division (B)(3)(a) of this section a peace	5572
officer has reasonable grounds to believe that the offense of	5573
domestic violence or the offense of violating a protection order	5574
has been committed and reasonable cause to believe that family or	5575
household members have committed the offense against each other,	5576
it is the preferred course of action in this state that the	5577
officer, pursuant to division (B)(1) of this section, arrest and	5578
detain until a warrant can be obtained the family or household	5579
member who committed the offense and whom the officer has	5580
reasonable cause to believe is the primary physical aggressor.	5581
There is no preferred course of action in this state regarding any	5582
other family or household member who committed the offense and	5583
whom the officer does not have reasonable cause to believe is the	5584
primary physical aggressor, but, pursuant to division (B)(1) of	5585
this section, the peace officer may arrest and detain until a	5586
warrant can be obtained any other family or household member who	5587
committed the offense and whom the officer does not have	5588
reasonable cause to believe is the primary physical aggressor.	5589

(c) If a peace officer described in division (A) of this	5590
section does not arrest and detain a person whom the officer has	5591
reasonable cause to believe committed the offense of domestic	5592
violence or the offense of violating a protection order when it is	5593
the preferred course of action in this state pursuant to division	5594
(B)(3)(b) of this section that the officer arrest that person, the	5595
officer shall articulate in the written report of the incident	5596
required by section 2935.032 of the Revised Code a clear statement	5597
of the officer's reasons for not arresting and detaining that	5598
person until a warrant can be obtained.	5599

(d) In determining for purposes of division (B)(3)(b) of this	5600
section which family or household member is the primary physical	5601
aggressor in a situation in which family or household members have	5602
committed the offense of domestic violence or the offense of	5603
violating a protection order against each other, a peace officer	5604
described in division (A) of this section, in addition to any	5605
other relevant circumstances, should consider all of the	5606
following:	5607

(i) Any history of domestic violence or of any other violent	5608
acts by either person involved in the alleged offense that the	5609
officer reasonably can ascertain;	5610

(ii) If violence is alleged, whether the alleged violence was	5611
caused by a person acting in self-defense;	5612

(iii) Each person's fear of physical harm, if any, resulting	5613
from the other person's threatened use of force against any person	5614
or resulting from the other person's use or history of the use of	5615
force against any person, and the reasonableness of that fear;	5616

(iv) The comparative severity of any injuries suffered by the	5617
persons involved in the alleged offense.	5618

(e)(i) A peace officer described in division (A) of this	5619
section shall not require, as a prerequisite to arresting or	5620
charging a person who has committed the offense of domestic	5621
violence or the offense of violating a protection order, that the	5622
victim of the offense specifically consent to the filing of	5623
charges against the person who has committed the offense or sign a	5624
complaint against the person who has committed the offense.	5625

(ii) If a person is arrested for or charged with committing	5626
the offense of domestic violence or the offense of violating a	5627
protection order and if the victim of the offense does not	5628
cooperate with the involved law enforcement or prosecuting	5629
authorities in the prosecution of the offense or, subsequent to	5630
the arrest or the filing of the charges, informs the involved law	5631
enforcement or prosecuting authorities that the victim does not	5632
wish the prosecution of the offense to continue or wishes to drop	5633
charges against the alleged offender relative to the offense, the	5634
involved prosecuting authorities, in determining whether to	5635
continue with the prosecution of the offense or whether to dismiss	5636
charges against the alleged offender relative to the offense and	5637
notwithstanding the victim's failure to cooperate or the victim's	5638
wishes, shall consider all facts and circumstances that are	5639
relevant to the offense, including, but not limited to, the	5640
statements and observations of the peace officers who responded to	5641
the incident that resulted in the arrest or filing of the charges	5642
and of all witnesses to that incident.	5643

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	5644
this section whether to arrest a person pursuant to division	5645
(B)(1) of this section, a peace officer described in division (A)	5646
of this section shall not consider as a factor any possible	5647
shortage of cell space at the detention facility to which the	5648
person will be taken subsequent to the person's arrest or any	5649
possibility that the person's arrest might cause, contribute to,	5650
or exacerbate overcrowding at that detention facility or at any	5651
other detention facility.	5652

(g) If a peace officer described in division (A) of this	5653
section intends pursuant to divisions (B)(3)(a) to (g) of this	5654
section to arrest a person pursuant to division (B)(1) of this	5655
section and if the officer is unable to do so because the person	5656
is not present, the officer promptly shall seek a warrant for the	5657
arrest of the person.	5658

(h) If a peace officer described in division (A) of this	5659
section responds to a report of an alleged incident of the offense	5660
of domestic violence or an alleged incident of the offense of	5661
violating a protection order and if the circumstances of the	5662
incident involved the use or threatened use of a deadly weapon or	5663
any person involved in the incident brandished a deadly weapon	5664
during or in relation to the incident, the deadly weapon that was	5665
used, threatened to be used, or brandished constitutes contraband,	5666
and, to the extent possible, the officer shall seize the deadly	5667
weapon as contraband pursuant to Chapter 2981. of the Revised	5668
Code. Upon the seizure of a deadly weapon pursuant to division	5669
(B)(3)(h) of this section, section 2981.12 of the Revised Code	5670
shall apply regarding the treatment and disposition of the deadly	5671
weapon. For purposes of that section, the "underlying criminal	5672
offense" that was the basis of the seizure of a deadly weapon	5673
under division (B)(3)(h) of this section and to which the deadly	5674
weapon had a relationship is any of the following that is	5675
applicable:	5676

(i) The alleged incident of the offense of domestic violence	5677
or the alleged incident of the offense of violating a protection	5678
order to which the officer who seized the deadly weapon responded;	5679

(ii) Any offense that arose out of the same facts and	5680
circumstances as the report of the alleged incident of the offense	5681
of domestic violence or the alleged incident of the offense of	5682
violating a protection order to which the officer who seized the	5683
deadly weapon responded.	5684

(4) If, in the circumstances described in divisions (B)(3)(a)	5685
to (g) of this section, a peace officer described in division (A)	5686
of this section arrests and detains a person pursuant to division	5687
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	5688
this section, a peace officer described in division (A) of this	5689
section seizes a deadly weapon, the officer, to the extent	5690
described in and in accordance with section 9.86 or 2744.03 of the	5691
Revised Code, is immune in any civil action for damages for	5692
injury, death, or loss to person or property that arises from or	5693
is related to the arrest and detention or the seizure.	5694

(C) When there is reasonable ground to believe that a	5695
violation of division (A)(1), (2), (3), (4), or (5) of section	5696
4506.15 or a violation of section 4511.19 of the Revised Code has	5697
been committed by a person operating a motor vehicle subject to	5698
regulation by the public utilities commission of Ohio under Title	5699
XLIX of the Revised Code, a peace officer with authority to	5700
enforce that provision of law may stop or detain the person whom	5701
the officer has reasonable cause to believe was operating the	5702
motor vehicle in violation of the division or section and, after	5703
investigating the circumstances surrounding the operation of the	5704
vehicle, may arrest and detain the person.	5705

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	5706
municipal police officer, member of a police force employed by a	5707
metropolitan housing authority under division (D) of section	5708
3735.31 of the Revised Code, member of a police force employed by	5709
a regional transit authority under division (Y) of section 306.35	5710
of the Revised Code, special police officer employed by a port	5711
authority under section 4582.04 or 4582.28 of the Revised Code,	5712
special police officer employed by a municipal corporation at a	5713
municipal airport or other municipal air navigation facility	5714
described in division (A) of this section, township constable,	5715
police officer of a township or joint township police district,	5716
state university law enforcement officer appointed under section	5717
3345.04 of the Revised Code, peace officer of the department of	5718
natural resources, individual designated to perform law	5719
enforcement duties under section 511.232, 1545.13, or 6101.75 of	5720
the Revised Code, the house sergeant at arms if the house sergeant	5721
at arms has arrest authority pursuant to division (E)(1) of	5722
section 101.311 of the Revised Code, or an assistant house	5723
sergeant at arms is authorized by division (A) or (B) of this	5724
section to arrest and detain, within the limits of the political	5725
subdivision, metropolitan housing authority housing project,	5726
regional transit authority facilities or those areas of a	5727
municipal corporation that have been agreed to by a regional	5728
transit authority and a municipal corporation located within its	5729
territorial jurisdiction, port authority, municipal airport or	5730
other municipal air navigation facility, college, or university in	5731
which the officer is appointed, employed, or elected or within the	5732
limits of the territorial jurisdiction of the peace officer, a	5733
person until a warrant can be obtained, the peace officer, outside	5734
the limits of that territory, may pursue, arrest, and detain that	5735
person until a warrant can be obtained if all of the following	5736
apply:	5737

(1) The pursuit takes place without unreasonable delay after	5738
the offense is committed;	5739

(2) The pursuit is initiated within the limits of the	5740
political subdivision, metropolitan housing authority housing	5741
project, regional transit authority facilities or those areas of a	5742
municipal corporation that have been agreed to by a regional	5743
transit authority and a municipal corporation located within its	5744
territorial jurisdiction, port authority, municipal airport or	5745
other municipal air navigation facility, college, or university in	5746
which the peace officer is appointed, employed, or elected or	5747
within the limits of the territorial jurisdiction of the peace	5748
officer;	5749

(3) The offense involved is a felony, a misdemeanor of the	5750
first degree or a substantially equivalent municipal ordinance, a	5751
misdemeanor of the second degree or a substantially equivalent	5752
municipal ordinance, or any offense for which points are	5753
chargeable pursuant to section 4510.036 of the Revised Code.	5754

(E) In addition to the authority granted under division (A)	5755
or (B) of this section:	5756

(1) A sheriff or deputy sheriff may arrest and detain, until	5757
a warrant can be obtained, any person found violating section	5758
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	5759
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	5760
portion of any street or highway that is located immediately	5761
adjacent to the boundaries of the county in which the sheriff or	5762
deputy sheriff is elected or appointed.	5763

(2) A member of the police force of a township police	5764
district created under section 505.48 of the Revised Code, a	5765
member of the police force of a joint township police district	5766
created under section 505.481 of the Revised Code, or a township	5767
constable appointed in accordance with section 509.01 of the	5768
Revised Code, who has received a certificate from the Ohio peace	5769
officer training commission under section 109.75 of the Revised	5770
Code, may arrest and detain, until a warrant can be obtained, any	5771
person found violating any section or chapter of the Revised Code	5772
listed in division (E)(1) of this section, other than sections	5773
4513.33 and 4513.34 of the Revised Code, on the portion of any	5774
street or highway that is located immediately adjacent to the	5775
boundaries of the township police district or joint township	5776
police district, in the case of a member of a township police	5777
district or joint township police district police force, or the	5778
unincorporated territory of the township, in the case of a	5779
township constable. However, if the population of the township	5780
that created the township police district served by the member's	5781
police force, or the townships that created the joint township	5782
police district served by the member's police force, or the	5783
township that is served by the township constable, is sixty	5784
thousand or less, the member of the township police district or	5785
joint police district police force or the township constable may	5786
not make an arrest under division (E)(2) of this section on a	5787
state highway that is included as part of the interstate system.	5788

(3) A police officer or village marshal appointed, elected,	5789
or employed by a municipal corporation may arrest and detain,	5790
until a warrant can be obtained, any person found violating any	5791
section or chapter of the Revised Code listed in division (E)(1)	5792
of this section on the portion of any street or highway that is	5793
located immediately adjacent to the boundaries of the municipal	5794
corporation in which the police officer or village marshal is	5795
appointed, elected, or employed.	5796

(4) A peace officer of the department of natural resources, a	5797
state fire marshal law enforcement officer described in division	5798
(A)(23) of section 109.71 of the Revised Code, or an individual	5799
designated to perform law enforcement duties under section	5800
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	5801
detain, until a warrant can be obtained, any person found	5802
violating any section or chapter of the Revised Code listed in	5803
division (E)(1) of this section, other than sections 4513.33 and	5804
4513.34 of the Revised Code, on the portion of any street or	5805
highway that is located immediately adjacent to the boundaries of	5806
the lands and waters that constitute the territorial jurisdiction	5807
of the peace officer or state fire marshal law enforcement	5808
officer.	5809

(F)(1) A department of mental health special police officer	5810
or a department of mental retardation and developmental	5811
disabilities special police officer may arrest without a warrant	5812
and detain until a warrant can be obtained any person found	5813
committing on the premises of any institution under the	5814
jurisdiction of the particular department a misdemeanor under a	5815
law of the state.	5816

A department of mental health special police officer or a	5817
department of mental retardation and developmental disabilities	5818
special police officer may arrest without a warrant and detain	5819
until a warrant can be obtained any person who has been	5820
hospitalized, institutionalized, or confined in an institution	5821
under the jurisdiction of the particular department pursuant to or	5822
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	5823
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	5824
found committing on the premises of any institution under the	5825
jurisdiction of the particular department a violation of section	5826
2921.34 of the Revised Code that involves an escape from the	5827
premises of the institution.	5828

(2)(a) If a department of mental health special police	5829
officer or a department of mental retardation and developmental	5830
disabilities special police officer finds any person who has been	5831
hospitalized, institutionalized, or confined in an institution	5832
under the jurisdiction of the particular department pursuant to or	5833
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	5834
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	5835
violation of section 2921.34 of the Revised Code that involves an	5836
escape from the premises of the institution, or if there is	5837
reasonable ground to believe that a violation of section 2921.34	5838
of the Revised Code has been committed that involves an escape	5839
from the premises of an institution under the jurisdiction of the	5840
department of mental health or the department of mental	5841
retardation and developmental disabilities and if a department of	5842
mental health special police officer or a department of mental	5843
retardation and developmental disabilities special police officer	5844
has reasonable cause to believe that a particular person who has	5845
been hospitalized, institutionalized, or confined in the	5846
institution pursuant to or under authority of section 2945.37,	5847
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	5848
Revised Code is guilty of the violation, the special police	5849
officer, outside of the premises of the institution, may pursue,	5850
arrest, and detain that person for that violation of section	5851
2921.34 of the Revised Code, until a warrant can be obtained, if	5852
both of the following apply:	5853

(i) The pursuit takes place without unreasonable delay after	5854
the offense is committed;	5855

(ii) The pursuit is initiated within the premises of the	5856
institution from which the violation of section 2921.34 of the	5857
Revised Code occurred.	5858

(b) For purposes of division (F)(2)(a) of this section, the	5859
execution of a written statement by the administrator of the	5860
institution in which a person had been hospitalized,	5861
institutionalized, or confined pursuant to or under authority of	5862
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	5863
2945.402 of the Revised Code alleging that the person has escaped	5864
from the premises of the institution in violation of section	5865
2921.34 of the Revised Code constitutes reasonable ground to	5866
believe that the violation was committed and reasonable cause to	5867
believe that the person alleged in the statement to have committed	5868
the offense is guilty of the violation.	5869

(G) As used in this section:

5870

(1) A "department of mental health special police officer"	5871
means a special police officer of the department of mental health	5872
designated under section 5119.14 of the Revised Code who is	5873
certified by the Ohio peace officer training commission under	5874
section 109.77 of the Revised Code as having successfully	5875
completed an approved peace officer basic training program.	5876

(2) A "department of mental retardation and developmental	5877
disabilities special police officer" means a special police	5878
officer of the department of mental retardation and developmental	5879
disabilities designated under section 5123.13 of the Revised Code	5880
who is certified by the Ohio peace officer training council under	5881
section 109.77 of the Revised Code as having successfully	5882
completed an approved peace officer basic training program.	5883

(3) "Deadly weapon" has the same meaning as in section	5884
2923.11 of the Revised Code.	5885

(4) "Family or household member" has the same meaning as in	5886
section 2919.25 of the Revised Code.	5887

(5) "Street" or "highway" has the same meaning as in section	5888
4511.01 of the Revised Code.	5889

(6) "Interstate system" has the same meaning as in section	5890
5516.01 of the Revised Code.	5891

(7) "Peace officer of the department of natural resources"	5892
means an employee of the department of natural resources who is a	5893
natural resources law enforcement staff officer designated	5894
pursuant to section 1501.013 of the Revised Code, a forest officer	5895
designated pursuant to section 1503.29 of the Revised Code, a	5896
preserve officer designated pursuant to section 1517.10 of the	5897
Revised Code, a wildlife officer designated pursuant to section	5898
1531.13 of the Revised Code, a park officer designated pursuant to	5899
section 1541.10 of the Revised Code, or a state watercraft officer	5900
designated pursuant to section 1547.521 of the Revised Code.	5901

(8) "Portion of any street or highway" means all lanes of the	5902
street or highway irrespective of direction of travel, including	5903
designated turn lanes, and any berm, median, or shoulder.	5904

Sec. 2949.092. If a person is convicted of or pleads guilty	5905
to an offense and the court specifically is required, pursuant to	5906
section 2743.70, 2949.091, or 2949.093, or 2949.094 of the Revised	5907
Code or pursuant to any other section of the Revised Code to	5908
impose a specified sum of money as costs in the case in addition	5909
to any other costs that the court is required or permitted by law	5910
to impose in the case, the court shall not waive the payment of	5911
the specified additional court costs that the section of the	5912
Revised Code specifically requires the court to impose unless the	5913
court determines that the offender is indigent and the court	5914
waives the payment of all court costs imposed upon the offender.	5915

Sec. 2949.094. (A) The court in which any person is convicted	5916
of or pleads guilty to any moving violation shall impose an	5917
additional court cost of ten dollars upon the offender. The court	5918
shall not waive the payment of the ten dollars unless the court	5919
determines that the offender is indigent and waives the payment of	5920
all court costs imposed upon the indigent offender.	5921

The clerk of the court shall transmit thirty per cent of all	5922
additional court costs collected pursuant to this division during	5923
a month on the first business day of the following month to the	5924
division of criminal justice services, and the division of	5925
criminal justice services shall deposit the money so transmitted	5926
into the drug law enforcement fund created under section 5502.68	5927
of the Revised Code. The clerk shall transmit twenty per cent of	5928
all additional court costs so collected during a month on the	5929
first business day of the following month to the state treasury to	5930
be credited to the indigent drivers alcohol treatment fund created	5931
under section 4511.191 of the Revised Code and to be distributed	5932
by the department of alcohol and drug addiction services as	5933
provided in division (H) of that section. The clerk shall	5934
transmit fifty per cent of all additional court costs so collected	5935
during a month on the first business day of the following month to	5936
the state treasury to be credited to the indigent defense support	5937
fund created pursuant to section 120.08 of the Revised Code.	5938

(B) The juvenile court in which a child is found to be a	5939
juvenile traffic offender for an act that is a moving violation	5940
shall impose an additional court cost of ten dollars upon the	5941
juvenile traffic offender. The juvenile court shall not waive the	5942
payment of the ten dollars unless the court determines that the	5943
juvenile is indigent and waives the payment of all court costs	5944
imposed upon the indigent offender.	5945

The clerk of the court shall transmit thirty per cent of all	5946
additional court costs collected pursuant to this division during	5947
a month on the first business day of the following month to the	5948
division of criminal justice services, and the division of	5949
criminal justice services shall deposit the money so transmitted	5950
into the drug law enforcement fund created under section 5502.68	5951
of the Revised Code. The clerk shall transmit twenty per cent of	5952
all additional court costs so collected during a month on the	5953
first business day of the following month to the state treasury to	5954
be credited to the indigent drivers alcohol treatment fund created	5955
under that section 4511.191 of the Revised Code and to be	5956
distributed by the department of alcohol and drug addiction	5957
services as provided in division (H) of that section. The clerk	5958
shall transmit fifty per cent of all additional court costs so	5959
collected during a month on the first business day of the	5960
following month to the state treasury to be credited to the	5961
indigent defense support fund created pursuant to section 120.08	5962
of the Revised Code.	5963

(C) Whenever a person is charged with any offense that is a	5964
moving violation and posts bail, the court shall add to the amount	5965
of the bail the ten dollars required to be paid by division (A)	5966
of this section. The clerk of the court shall retain the ten	5967
dollars until the person is convicted, pleads guilty, forfeits	5968
bail, is found not guilty, or has the charges dismissed. If the	5969
person is convicted, pleads guilty, or forfeits bail, the clerk	5970
shall transmit three dollars out of the ten dollars to the	5971
division of criminal justice services, and the division of	5972
criminal justice services shall deposit the money so transmitted	5973
into the drug law enforcement fund created under section 5502.68	5974
of the Revised Code, the clerk shall transmit two dollars out of	5975
the ten dollars to the state treasury to be credited to the	5976
indigent drivers alcohol treatment fund created under section	5977
4511.191 of the Revised Code and to be distributed by the	5978
department of alcohol and drug addiction services as provided in	5979
division (H) of that section, and the clerk shall transmit five	5980
dollars out of the ten dollars to the state treasury to be	5981
credited to the indigent defense support fund created under	5982
section 120.08 of the Revised Code. If the person is found not	5983
guilty or the charges are dismissed, the clerk shall return the	5984
ten dollars to the person.	5985

(D) No person shall be placed or held in a detention facility	5986
for failing to pay the court cost or bail that is required to be	5987
paid by this section.	5988

(E) As used in this section:

5989

(1) "Bail" and "moving violation" have the same meanings as	5990
in section 2949.093 of the Revised Code.	5991

(2) "Detention facility" has the same meaning as in section	5992
2921.01 of the Revised Code.	5993

(3) "Division of criminal justice services" means the	5994
division of criminal justice services of the department of public	5995
safety, created by section 5502.62 of the Revised Code.	5996

Sec. 3119.023. When a court or child support enforcement	5997
agency calculates the amount of child support to be paid pursuant	5998
to a court child support order in a proceeding in which the	5999
parents have split parental rights and responsibilities with	6000
respect to the children who are the subject of the child support	6001
order, the court or child support enforcement agency shall use a	6002
worksheet that is identical in content and form to the following:	6003

CHILD SUPPORT COMPUTATION WORKSHEET	6004

SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES	6005

Name of parties ................................................	6006

Case No. .......................................................	6007

Number of minor children .......................................	6008

Number of minor children with mother .......... father .........	6009

		Column I	Column II	Column III	6010
		Father	Mother	Combined	6011
INCOME:					6012
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)				6013
		$......	$......		6014
b.	Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)				6015

Father	Mother	6016
Yr. 3 $..........	Yr. 3 $..........	6017
(Three years ago)	(Three years ago)	6018
Yr. 2 $..........	Yr. 2 $..........	6019
(Two years ago)	(Two years ago)	6020
Yr. 1 $..........	Yr. 1 $..........	6021
(Last calendar year)	(Last calendar year)	6022
Average $..........	$............	6023

	(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)				6024
		$......	$......		6025
2.	For self-employment income				6026
a.	Gross receipts from business				6027
		$......	$......		6028
b.	Ordinary and necessary business expenses				6029
		$......	$......		6030
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				6031
		$......	$......		6032
d.	Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)				6033
		$......	$......		6034
3.	Annual income from interest and dividends (whether or not taxable)				6035
		$......	$......		6036
4.	Annual income from unemployment compensation				6037
		$......	$......		6038
5.	Annual income from workers' compensation, disability insurance benefits or social security disability retirement benefits				6039
		$......	$......		6040
6.	Other annual income (identify)				6041
		$......	$......		6042
7.a.	Total annual gross income (add lines 1a, 1b, 2d, and 3-6)				6043
		$......	$......		6044
b.	Health insurance maximum (multiply line 7a by 5%)				6045
		$......	$......		6046
ADJUSTMENTS TO INCOME:					6047
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)				6048
		$......	$......		6049
9.	Annual court-ordered support paid for other children				6050
		$......	$......		6051
10.	Annual court-ordered spousal support paid to any spouse or former spouse				6052
		$......	$......		6053
11.	Amount of local income taxes actually paid or estimated to be paid				6054
		$......	$......		6055
12.	Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)				6056
		$......	$......		6057
13.	Total gross income adjustments (add lines 8 through 12)				6058
		$......	$......		6059
14.a.	Adjusted annual gross income (subtract line 13 from 7a)				6060
		$......	$......		6061
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.)				6062
		$......	$......		6063
15.	Combined annual income that is basis for child support order (add line 14a, Col. I and Col. II)				6064
				$......	6065
16.	Percentage of parent's income to total income				6066
a.	Father (divide line 14a, Col. I, by line 15, Col. III) ......%				6067
b.	Mother (divide line 14a, Col. II, by line 15, Col. III) ......%				6068
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		6069

		$......	$......	6070
18.	Annual support obligation per parent			6071
a.	Of father for children for whom mother is the residential parent and legal custodian (multiply line 17, Col. I, by line 16a)			6072
		$......		6073
b.	Of mother for children for whom the father is the residential parent and legal custodian (multiply line 17, Col. II, by line 16b)			6074
			$......	6075
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	6076
		$......	$......	6077
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	6078
		$......	$......	6079
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)			6080
		$......	$......	6081

21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			6082
		Father		Mother	6083
	a.	Additions: line 16a	b.	Additions: line 16b	6084
		times sum of amounts		times sum of amounts	6085
		shown on line 19, Col. II		shown on line 19, Col. I	6086
		and line 20a, Col. II		and line 20a, Col. I	6087
		$......................		$......................	6088
	c.	Subtractions: line 16b	d.	Subtractions: line 16a	6089
		times sum of amounts		times sum of amounts	6090
		shown on line 19, Col. I		shown on line 19, Col. II	6091
		and line 20a, Col. I		and line 20a, Col. II	6092
		$.......................		$.......................	6093

22.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:			6094
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)			6095
		$......		6096
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			6097
		$......		6098
c.	Actual annual obligation of father (subtract line 22b from line 22a)			6099
		$......		6100
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)			6101
			$......	6102
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			6103
			$......	6104
f.	Actual annual obligation of mother (subtract line 22e from line 22d)			6105
			$......	6106
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)			6107
		$......	$......	6108
23.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			6109

	Father		Mother	6110
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	6111
	$...............		$...............	6112
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	6113
	$...............		$...............	6114

24.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			6115
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)	$......		6116
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	$......		6117
c.	Actual annual obligation of the father (subtract line 24b from line 24a)	$......		6118
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)			6119
			$......	6120
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			6121
			$......	6122
f.	Actual annual obligation of the mother (subtract line 24e from line 24d)		$......	6123
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)			6124
		$......	$......	6125
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			6126
		$......	$......	6127

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.)				6128
		6129
		6130
		6131
		6132
					6133
		WHEN	WHEN		6134
		HEALTH	HEALTH		6135
		INSURANCE	INSURANCE		6136
		IS	IS NOT		6137
		PROVIDED	PROVIDED		6138
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.)				6139
		$......	$......	Father/Mother, OBLIGOR	6140
27.	FOR DECREE: Child support per month (divide obligor's annual share, line 26, by 12) plus any processing charge				6141
		$......	$......		6142
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)				6143
			$......		6144
29.	FOR DECREE: Cash medical support per month (divide line 28 by 12)				6145
			$......		6146

Prepared by:		6147
Counsel: ....................	Pro se: .................	6148
(For mother/father)		6149
CSEA: .......................	Other: ..................	6150

Worksheet Has Been Reviewed and Agreed To:	6151

...........................	...........................	6152
Mother	Date	6153
...........................	...........................	6154
Father	Date	6155

Sec. 3301.0714. (A) The state board of education shall adopt	6156
rules for a statewide education management information system. The	6157
rules shall require the state board to establish guidelines for	6158
the establishment and maintenance of the system in accordance with	6159
this section and the rules adopted under this section. The	6160
guidelines shall include:	6161

(1) Standards identifying and defining the types of data in	6162
the system in accordance with divisions (B) and (C) of this	6163
section;	6164

(2) Procedures for annually collecting and reporting the data	6165
to the state board in accordance with division (D) of this	6166
section;	6167

(3) Procedures for annually compiling the data in accordance	6168
with division (G) of this section;	6169

(4) Procedures for annually reporting the data to the public	6170
in accordance with division (H) of this section.	6171

(B) The guidelines adopted under this section shall require	6172
the data maintained in the education management information system	6173
to include at least the following:	6174

(1) Student participation and performance data, for each	6175
grade in each school district as a whole and for each grade in	6176
each school building in each school district, that includes:	6177

(a) The numbers of students receiving each category of	6178
instructional service offered by the school district, such as	6179
regular education instruction, vocational education instruction,	6180
specialized instruction programs or enrichment instruction that is	6181
part of the educational curriculum, instruction for gifted	6182
students, instruction for students with disabilities, and	6183
remedial instruction. The guidelines shall require instructional	6184
services under this division to be divided into discrete	6185
categories if an instructional service is limited to a specific	6186
subject, a specific type of student, or both, such as regular	6187
instructional services in mathematics, remedial reading	6188
instructional services, instructional services specifically for	6189
students gifted in mathematics or some other subject area, or	6190
instructional services for students with a specific type of	6191
disability. The categories of instructional services required by	6192
the guidelines under this division shall be the same as the	6193
categories of instructional services used in determining cost	6194
units pursuant to division (C)(3) of this section.	6195

(b) The numbers of students receiving support or	6196
extracurricular services for each of the support services or	6197
extracurricular programs offered by the school district, such as	6198
counseling services, health services, and extracurricular sports	6199
and fine arts programs. The categories of services required by the	6200
guidelines under this division shall be the same as the categories	6201
of services used in determining cost units pursuant to division	6202
(C)(4)(a) of this section.	6203

(c) Average student grades in each subject in grades nine	6204
through twelve;	6205

(d) Academic achievement levels as assessed by the testing of	6206
student achievement under sections 3301.0710 and 3301.0711 of the	6207
Revised Code;	6208

(e) The number of students designated as having a disabling	6209
condition pursuant to division (C)(1) of section 3301.0711 of the	6210
Revised Code;	6211

(f) The numbers of students reported to the state board	6212
pursuant to division (C)(2) of section 3301.0711 of the Revised	6213
Code;	6214

(g) Attendance rates and the average daily attendance for the	6215
year. For purposes of this division, a student shall be counted as	6216
present for any field trip that is approved by the school	6217
administration.	6218

(h) Expulsion rates;

6219

(i) Suspension rates;

6220

(j) The percentage of students receiving corporal punishment;

6221

(k) Dropout rates;

6222

(l) Rates of retention in grade;

6223

(m) For pupils in grades nine through twelve, the average	6224
number of carnegie units, as calculated in accordance with state	6225
board of education rules;	6226

(n) Graduation rates, to be calculated in a manner specified	6227
by the department of education that reflects the rate at which	6228
students who were in the ninth grade three years prior to the	6229
current year complete school and that is consistent with	6230
nationally accepted reporting requirements;	6231

(o) Results of diagnostic assessments administered to	6232
kindergarten students as required under section 3301.0715 of the	6233
Revised Code to permit a comparison of the academic readiness of	6234
kindergarten students. However, no district shall be required to	6235
report to the department the results of any diagnostic assessment	6236
administered to a kindergarten student if the parent of that	6237
student requests the district not to report those results.	6238

(2) Personnel and classroom enrollment data for each school	6239
district, including:	6240

(a) The total numbers of licensed employees and nonlicensed	6241
employees and the numbers of full-time equivalent licensed	6242
employees and nonlicensed employees providing each category of	6243
instructional service, instructional support service, and	6244
administrative support service used pursuant to division (C)(3) of	6245
this section. The guidelines adopted under this section shall	6246
require these categories of data to be maintained for the school	6247
district as a whole and, wherever applicable, for each grade in	6248
the school district as a whole, for each school building as a	6249
whole, and for each grade in each school building.	6250

(b) The total number of employees and the number of full-time	6251
equivalent employees providing each category of service used	6252
pursuant to divisions (C)(4)(a) and (b) of this section, and the	6253
total numbers of licensed employees and nonlicensed employees and	6254
the numbers of full-time equivalent licensed employees and	6255
nonlicensed employees providing each category used pursuant to	6256
division (C)(4)(c) of this section. The guidelines adopted under	6257
this section shall require these categories of data to be	6258
maintained for the school district as a whole and, wherever	6259
applicable, for each grade in the school district as a whole, for	6260
each school building as a whole, and for each grade in each school	6261
building.	6262

(c) The total number of regular classroom teachers teaching	6263
classes of regular education and the average number of pupils	6264
enrolled in each such class, in each of grades kindergarten	6265
through five in the district as a whole and in each school	6266
building in the school district.	6267

(d) The number of master teachers employed by each school	6268
district and each school building, once a definition of master	6269
teacher has been developed by the educator standards board	6270
pursuant to section 3319.61 of the Revised Code.	6271

(3)(a) Student demographic data for each school district,	6272
including information regarding the gender ratio of the school	6273
district's pupils, the racial make-up of the school district's	6274
pupils, the number of limited English proficient students in the	6275
district, and an appropriate measure of the number of the school	6276
district's pupils who reside in economically disadvantaged	6277
households. The demographic data shall be collected in a manner to	6278
allow correlation with data collected under division (B)(1) of	6279
this section. Categories for data collected pursuant to division	6280
(B)(3) of this section shall conform, where appropriate, to	6281
standard practices of agencies of the federal government.	6282

(b) With respect to each student entering kindergarten,	6283
whether the student previously participated in a public preschool	6284
program, a private preschool program, or a head start program, and	6285
the number of years the student participated in each of these	6286
programs.	6287

(4) Any data required to be collected pursuant to federal	6288
law.	6289

(C) The education management information system shall include	6290
cost accounting data for each district as a whole and for each	6291
school building in each school district. The guidelines adopted	6292
under this section shall require the cost data for each school	6293
district to be maintained in a system of mutually exclusive cost	6294
units and shall require all of the costs of each school district	6295
to be divided among the cost units. The guidelines shall require	6296
the system of mutually exclusive cost units to include at least	6297
the following:	6298

(1) Administrative costs for the school district as a whole.	6299
The guidelines shall require the cost units under this division	6300
(C)(1) to be designed so that each of them may be compiled and	6301
reported in terms of average expenditure per pupil in formula ADM	6302
in the school district, as determined pursuant to section 3317.03	6303
of the Revised Code.	6304

(2) Administrative costs for each school building in the	6305
school district. The guidelines shall require the cost units under	6306
this division (C)(2) to be designed so that each of them may be	6307
compiled and reported in terms of average expenditure per	6308
full-time equivalent pupil receiving instructional or support	6309
services in each building.	6310

(3) Instructional services costs for each category of	6311
instructional service provided directly to students and required	6312
by guidelines adopted pursuant to division (B)(1)(a) of this	6313
section. The guidelines shall require the cost units under	6314
division (C)(3) of this section to be designed so that each of	6315
them may be compiled and reported in terms of average expenditure	6316
per pupil receiving the service in the school district as a whole	6317
and average expenditure per pupil receiving the service in each	6318
building in the school district and in terms of a total cost for	6319
each category of service and, as a breakdown of the total cost, a	6320
cost for each of the following components:	6321

(a) The cost of each instructional services category required	6322
by guidelines adopted under division (B)(1)(a) of this section	6323
that is provided directly to students by a classroom teacher;	6324

(b) The cost of the instructional support services, such as	6325
services provided by a speech-language pathologist, classroom	6326
aide, multimedia aide, or librarian, provided directly to students	6327
in conjunction with each instructional services category;	6328

(c) The cost of the administrative support services related	6329
to each instructional services category, such as the cost of	6330
personnel that develop the curriculum for the instructional	6331
services category and the cost of personnel supervising or	6332
coordinating the delivery of the instructional services category.	6333

(4) Support or extracurricular services costs for each	6334
category of service directly provided to students and required by	6335
guidelines adopted pursuant to division (B)(1)(b) of this section.	6336
The guidelines shall require the cost units under division (C)(4)	6337
of this section to be designed so that each of them may be	6338
compiled and reported in terms of average expenditure per pupil	6339
receiving the service in the school district as a whole and	6340
average expenditure per pupil receiving the service in each	6341
building in the school district and in terms of a total cost for	6342
each category of service and, as a breakdown of the total cost, a	6343
cost for each of the following components:	6344

(a) The cost of each support or extracurricular services	6345
category required by guidelines adopted under division (B)(1)(b)	6346
of this section that is provided directly to students by a	6347
licensed employee, such as services provided by a guidance	6348
counselor or any services provided by a licensed employee under a	6349
supplemental contract;	6350

(b) The cost of each such services category provided directly	6351
to students by a nonlicensed employee, such as janitorial	6352
services, cafeteria services, or services of a sports trainer;	6353

(c) The cost of the administrative services related to each	6354
services category in division (C)(4)(a) or (b) of this section,	6355
such as the cost of any licensed or nonlicensed employees that	6356
develop, supervise, coordinate, or otherwise are involved in	6357
administering or aiding the delivery of each services category.	6358

(D)(1) The guidelines adopted under this section shall	6359
require school districts to collect information about individual	6360
students, staff members, or both in connection with any data	6361
required by division (B) or (C) of this section or other reporting	6362
requirements established in the Revised Code. The guidelines may	6363
also require school districts to report information about	6364
individual staff members in connection with any data required by	6365
division (B) or (C) of this section or other reporting	6366
requirements established in the Revised Code. The guidelines shall	6367
not authorize school districts to request social security numbers	6368
of individual students. The guidelines shall prohibit the	6369
reporting under this section of a student's name, address, and	6370
social security number to the state board of education or the	6371
department of education. The guidelines shall also prohibit the	6372
reporting under this section of any personally identifiable	6373
information about any student, except for the purpose of assigning	6374
the data verification code required by division (D)(2) of this	6375
section, to any other person unless such person is employed by the	6376
school district or the information technology center operated	6377
under section 3301.075 of the Revised Code and is authorized by	6378
the district or technology center to have access to such	6379
information or is employed by an entity with which the department	6380
contracts for the scoring of tests administered under section	6381
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	6382
require school districts to provide the social security numbers of	6383
individual staff members.	6384

(2) The guidelines shall provide for each school district or	6385
community school to assign a data verification code that is unique	6386
on a statewide basis over time to each student whose initial Ohio	6387
enrollment is in that district or school and to report all	6388
required individual student data for that student utilizing such	6389
code. The guidelines shall also provide for assigning data	6390
verification codes to all students enrolled in districts or	6391
community schools on the effective date of the guidelines	6392
established under this section.	6393

Individual student data shall be reported to the department	6394
through the information technology centers utilizing the code but,	6395
except as provided in ~~section~~sections 3310.11, 3310.42, 3313.978,	6396
and 3317.20 of the Revised Code, at no time shall the state board	6397
or the department have access to information that would enable any	6398
data verification code to be matched to personally identifiable	6399
student data.	6400

Each school district shall ensure that the data verification	6401
code is included in the student's records reported to any	6402
subsequent school district or community school in which the	6403
student enrolls. Any such subsequent district or school shall	6404
utilize the same identifier in its reporting of data under this	6405
section.	6406

The director of health shall request and receive, pursuant to	6407
sections 3301.0723 and 3701.62 of the Revised Code, a data	6408
verification code for a child who is receiving services under	6409
division (A)(2) of section 3701.61 of the Revised Code.	6410

(E) The guidelines adopted under this section may require	6411
school districts to collect and report data, information, or	6412
reports other than that described in divisions (A), (B), and (C)	6413
of this section for the purpose of complying with other reporting	6414
requirements established in the Revised Code. The other data,	6415
information, or reports may be maintained in the education	6416
management information system but are not required to be compiled	6417
as part of the profile formats required under division (G) of this	6418
section or the annual statewide report required under division (H)	6419
of this section.	6420

(F) Beginning with the school year that begins July 1, 1991,	6421
the board of education of each school district shall annually	6422
collect and report to the state board, in accordance with the	6423
guidelines established by the board, the data required pursuant to	6424
this section. A school district may collect and report these data	6425
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	6426

(G) The state board shall, in accordance with the procedures	6427
it adopts, annually compile the data reported by each school	6428
district pursuant to division (D) of this section. The state board	6429
shall design formats for profiling each school district as a whole	6430
and each school building within each district and shall compile	6431
the data in accordance with these formats. These profile formats	6432
shall:	6433

(1) Include all of the data gathered under this section in a	6434
manner that facilitates comparison among school districts and	6435
among school buildings within each school district;	6436

(2) Present the data on academic achievement levels as	6437
assessed by the testing of student achievement maintained pursuant	6438
to division (B)(1)(d) of this section.	6439

(H)(1) The state board shall, in accordance with the	6440
procedures it adopts, annually prepare a statewide report for all	6441
school districts and the general public that includes the profile	6442
of each of the school districts developed pursuant to division (G)	6443
of this section. Copies of the report shall be sent to each school	6444
district.	6445

(2) The state board shall, in accordance with the procedures	6446
it adopts, annually prepare an individual report for each school	6447
district and the general public that includes the profiles of each	6448
of the school buildings in that school district developed pursuant	6449
to division (G) of this section. Copies of the report shall be	6450
sent to the superintendent of the district and to each member of	6451
the district board of education.	6452

(3) Copies of the reports received from the state board under	6453
divisions (H)(1) and (2) of this section shall be made available	6454
to the general public at each school district's offices. Each	6455
district board of education shall make copies of each report	6456
available to any person upon request and payment of a reasonable	6457
fee for the cost of reproducing the report. The board shall	6458
annually publish in a newspaper of general circulation in the	6459
school district, at least twice during the two weeks prior to the	6460
week in which the reports will first be available, a notice	6461
containing the address where the reports are available and the	6462
date on which the reports will be available.	6463

(I) Any data that is collected or maintained pursuant to this	6464
section and that identifies an individual pupil is not a public	6465
record for the purposes of section 149.43 of the Revised Code.	6466

(J) As used in this section:

6467

(1) "School district" means any city, local, exempted	6468
village, or joint vocational school district and, in accordance	6469
with section 3314.17 of the Revised Code, any community school. As	6470
used in division (L) of this section, "school district" also	6471
includes any educational service center or other educational	6472
entity required to submit data using the system established under	6473
this section.	6474

(2) "Cost" means any expenditure for operating expenses made	6475
by a school district excluding any expenditures for debt	6476
retirement except for payments made to any commercial lending	6477
institution for any loan approved pursuant to section 3313.483 of	6478
the Revised Code.	6479

(K) Any person who removes data from the information system	6480
established under this section for the purpose of releasing it to	6481
any person not entitled under law to have access to such	6482
information is subject to section 2913.42 of the Revised Code	6483
prohibiting tampering with data.	6484

(L)(1) In accordance with division (L)(2) of this section and	6485
the rules adopted under division (L)(10) of this section, the	6486
department of education may sanction any school district that	6487
reports incomplete or inaccurate data, reports data that does not	6488
conform to data requirements and descriptions published by the	6489
department, fails to report data in a timely manner, or otherwise	6490
does not make a good faith effort to report data as required by	6491
this section.	6492

(2) If the department decides to sanction a school district	6493
under this division, the department shall take the following	6494
sequential actions:	6495

(a) Notify the district in writing that the department has	6496
determined that data has not been reported as required under this	6497
section and require the district to review its data submission and	6498
submit corrected data by a deadline established by the department.	6499
The department also may require the district to develop a	6500
corrective action plan, which shall include provisions for the	6501
district to provide mandatory staff training on data reporting	6502
procedures.	6503

(b) Withhold up to ten per cent of the total amount of state	6504
funds due to the district for the current fiscal year and, if not	6505
previously required under division (L)(2)(a) of this section,	6506
require the district to develop a corrective action plan in	6507
accordance with that division;	6508

(c) Withhold an additional amount of up to twenty per cent of	6509
the total amount of state funds due to the district for the	6510
current fiscal year;	6511

(d) Direct department staff or an outside entity to	6512
investigate the district's data reporting practices and make	6513
recommendations for subsequent actions. The recommendations may	6514
include one or more of the following actions:	6515

(i) Arrange for an audit of the district's data reporting	6516
practices by department staff or an outside entity;	6517

(ii) Conduct a site visit and evaluation of the district;

6518

(iii) Withhold an additional amount of up to thirty per cent	6519
of the total amount of state funds due to the district for the	6520
current fiscal year;	6521

(iv) Continue monitoring the district's data reporting;

6522

(v) Assign department staff to supervise the district's data	6523
management system;	6524

(vi) Conduct an investigation to determine whether to suspend	6525
or revoke the license of any district employee in accordance with	6526
division (N) of this section;	6527

(vii) If the district is issued a report card under section	6528
3302.03 of the Revised Code, indicate on the report card that the	6529
district has been sanctioned for failing to report data as	6530
required by this section;	6531

(viii) If the district is issued a report card under section	6532
3302.03 of the Revised Code and incomplete or inaccurate data	6533
submitted by the district likely caused the district to receive a	6534
higher performance rating than it deserved under that section,	6535
issue a revised report card for the district;	6536

(ix) Any other action designed to correct the district's data	6537
reporting problems.	6538

(3) Any time the department takes an action against a school	6539
district under division (L)(2) of this section, the department	6540
shall make a report of the circumstances that prompted the action.	6541
The department shall send a copy of the report to the district	6542
superintendent or chief administrator and maintain a copy of the	6543
report in its files.	6544

(4) If any action taken under division (L)(2) of this section	6545
resolves a school district's data reporting problems to the	6546
department's satisfaction, the department shall not take any	6547
further actions described by that division. If the department	6548
withheld funds from the district under that division, the	6549
department may release those funds to the district, except that if	6550
the department withheld funding under division (L)(2)(c) of this	6551
section, the department shall not release the funds withheld under	6552
division (L)(2)(b) of this section and, if the department withheld	6553
funding under division (L)(2)(d) of this section, the department	6554
shall not release the funds withheld under division (L)(2)(b) or	6555
(c) of this section.	6556

(5) Notwithstanding anything in this section to the contrary,	6557
the department may use its own staff or an outside entity to	6558
conduct an audit of a school district's data reporting practices	6559
any time the department has reason to believe the district has not	6560
made a good faith effort to report data as required by this	6561
section. If any audit conducted by an outside entity under	6562
division (L)(2)(d)(i) or (5) of this section confirms that a	6563
district has not made a good faith effort to report data as	6564
required by this section, the district shall reimburse the	6565
department for the full cost of the audit. The department may	6566
withhold state funds due to the district for this purpose.	6567

(6) Prior to issuing a revised report card for a school	6568
district under division (L)(2)(d)(viii) of this section, the	6569
department may hold a hearing to provide the district with an	6570
opportunity to demonstrate that it made a good faith effort to	6571
report data as required by this section. The hearing shall be	6572
conducted by a referee appointed by the department. Based on the	6573
information provided in the hearing, the referee shall recommend	6574
whether the department should issue a revised report card for the	6575
district. If the referee affirms the department's contention that	6576
the district did not make a good faith effort to report data as	6577
required by this section, the district shall bear the full cost of	6578
conducting the hearing and of issuing any revised report card.	6579

(7) If the department determines that any inaccurate data	6580
reported under this section caused a school district to receive	6581
excess state funds in any fiscal year, the district shall	6582
reimburse the department an amount equal to the excess funds, in	6583
accordance with a payment schedule determined by the department.	6584
The department may withhold state funds due to the district for	6585
this purpose.	6586

(8) Any school district that has funds withheld under	6587
division (L)(2) of this section may appeal the withholding in	6588
accordance with Chapter 119. of the Revised Code.	6589

(9) In all cases of a disagreement between the department and	6590
a school district regarding the appropriateness of an action taken	6591
under division (L)(2) of this section, the burden of proof shall	6592
be on the district to demonstrate that it made a good faith effort	6593
to report data as required by this section.	6594

(10) The state board of education shall adopt rules under	6595
Chapter 119. of the Revised Code to implement division (L) of this	6596
section.	6597

(M) No information technology center or school district shall	6598
acquire, change, or update its student administration software	6599
package to manage and report data required to be reported to the	6600
department unless it converts to a student software package that	6601
is certified by the department.	6602

(N) The state board of education, in accordance with sections	6603
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	6604
license as defined under division (A) of section 3319.31 of the	6605
Revised Code that has been issued to any school district employee	6606
found to have willfully reported erroneous, inaccurate, or	6607
incomplete data to the education management information system.	6608

(O) No person shall release or maintain any information about	6609
any student in violation of this section. Whoever violates this	6610
division is guilty of a misdemeanor of the fourth degree.	6611

(P) The department shall disaggregate the data collected	6612
under division (B)(1)(o) of this section according to the race and	6613
socioeconomic status of the students assessed. No data collected	6614
under that division shall be included on the report cards required	6615
by section 3302.03 of the Revised Code.	6616

(Q) If the department cannot compile any of the information	6617
required by division (C)(5) of section 3302.03 of the Revised Code	6618
based upon the data collected under this section, the department	6619
shall develop a plan and a reasonable timeline for the collection	6620
of any data necessary to comply with that division.	6621

Sec. 3310.42. (A) Only for the purpose of administering the	6622
autism scholarship program, the department of education may	6623
request from any of the following entities the data verification	6624
code assigned under division (D)(2) of section 3301.0714 of the	6625
Revised Code to any child who is seeking a scholarship under the	6626
program:	6627

(1) The school district in which the child is entitled to	6628
attend school;	6629

(2) If applicable, the community school in which the child is	6630
enrolled;	6631

(3) The independent contractor engaged to create and maintain	6632
data verification codes.	6633

(B) Upon a request by the department under division (A) of	6634
this section for the data verification code of a child seeking a	6635
scholarship or a request by the child's parent for that code, the	6636
school district or community school shall submit that code to the	6637
department or parent in the manner specified by the department. If	6638
the child has not been assigned a code, because the child will be	6639
entering preschool or kindergarten during the school year for	6640
which the scholarship is sought, the district shall assign a code	6641
to that child and submit the code to the department or parent by a	6642
date specified by the department. If the district does not assign	6643
a code to the child by the specified date, the department shall	6644
assign a code to the child.	6645

The department annually shall submit to each school district	6646
the name and data verification code of each child residing in the	6647
district who is entering preschool or kindergarten, who has been	6648
awarded a scholarship under the program, and for whom the	6649
department has assigned a code under this division.	6650

(C) The department shall not release any data verification	6651
code that it receives under this section to any person except as	6652
provided by law.	6653

(D) Any document relative to the autism scholarship program	6654
that the department holds in its files that contains both a	6655
child's name or other personally identifiable information and the	6656
child's data verification code shall not be a public record under	6657
section 149.43 of the Revised Code.	6658

Sec. 3311.21. (A) In addition to the resolutions authorized	6659
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	6660
the Revised Code, the board of education of a joint vocational or	6661
cooperative education school district by a vote of two-thirds of	6662
its full membership may at any time adopt a resolution declaring	6663
the necessity to levy a tax in excess of the ten-mill limitation	6664
for a period not to exceed ten years to provide funds for any one	6665
or more of the following purposes, which may be stated in the	6666
following manner in such resolution, the ballot, and the notice of	6667
election: purchasing a site or enlargement thereof and for the	6668
erection and equipment of buildings; for the purpose of enlarging,	6669
improving, or rebuilding thereof; for the purpose of providing for	6670
the current expenses of the joint vocational or cooperative school	6671
district; or for a continuing period for the purpose of providing	6672
for the current expenses of the joint vocational or cooperative	6673
education school district. The resolution shall specify the amount	6674
of the proposed rate and, if a renewal, whether the levy is to	6675
renew all, or a portion of, the existing levy, and shall specify	6676
the first year in which the levy will be imposed. If the levy	6677
provides for but is not limited to current expenses, the	6678
resolution shall apportion the annual rate of the levy between	6679
current expenses and the other purpose or purposes. Such	6680
apportionment may but need not be the same for each year of the	6681
levy, but the respective portions of the rate actually levied each	6682
year for current expenses and the other purpose or purposes shall	6683
be limited by such apportionment. The portion of any such rate	6684
actually levied for current expenses of a joint vocational or	6685
cooperative education school district shall be used in applying	6686
division (A) of section 3317.01 of the Revised Code. The portion	6687
of any such rate not apportioned to the current expenses of a	6688
joint vocational or cooperative education school district shall be	6689
used in applying division (B) of this section. On the adoption of	6690
such resolution, the joint vocational or cooperative education	6691
school district board of education shall certify the resolution to	6692
the board of elections of the county containing the most populous	6693
portion of the district, which board shall receive resolutions for	6694
filing and send them to the boards of elections of each county in	6695
which territory of the district is located, furnish all ballots	6696
for the election as provided in section 3505.071 of the Revised	6697
Code, and prepare the election notice; and the board of elections	6698
of each county in which the territory of such district is located	6699
shall make the other necessary arrangements for the submission of	6700
the question to the electors of the joint vocational or	6701
cooperative education school district at the next primary or	6702
general election occurring not less than seventy-five days after	6703
the resolution was received from the joint vocational or	6704
cooperative education school district board of education, or at a	6705
special election to be held at a time designated by the district	6706
board of education consistent with the requirements of section	6707
3501.01 of the Revised Code, which date shall not be earlier than	6708
seventy-five days after the adoption and certification of the	6709
resolution.	6710

The board of elections of the county or counties in which	6711
territory of the joint vocational or cooperative education school	6712
district is located shall cause to be published in one or more	6713
newspapers of general circulation in that district an	6714
advertisement of the proposed tax levy question together with a	6715
statement of the amount of the proposed levy once a week for two	6716
consecutive weeks, prior to the election at which the question is	6717
to appear on the ballot, and, if the board of elections operates	6718
and maintains a web site, the board also shall post a similar	6719
advertisement on its web site for thirty days prior to that	6720
election.	6721

If a majority of the electors voting on the question of	6722
levying such tax vote in favor of the levy, the joint vocational	6723
or cooperative education school district board of education shall	6724
annually make the levy within the district at the rate specified	6725
in the resolution and ballot or at any lesser rate, and the county	6726
auditor of each affected county shall annually place the levy on	6727
the tax list and duplicate of each school district in the county	6728
having territory in the joint vocational or cooperative education	6729
school district. The taxes realized from the levy shall be	6730
collected at the same time and in the same manner as other taxes	6731
on the duplicate, and the taxes, when collected, shall be paid to	6732
the treasurer of the joint vocational or cooperative education	6733
school district and deposited to a special fund, which shall be	6734
established by the joint vocational or cooperative education	6735
school district board of education for all revenue derived from	6736
any tax levied pursuant to this section and for the proceeds of	6737
anticipation notes which shall be deposited in such fund. After	6738
the approval of the levy, the joint vocational or cooperative	6739
education school district board of education may anticipate a	6740
fraction of the proceeds of the levy and from time to time, during	6741
the life of the levy, but in any year prior to the time when the	6742
tax collection from the levy so anticipated can be made for that	6743
year, issue anticipation notes in an amount not exceeding fifty	6744
per cent of the estimated proceeds of the levy to be collected in	6745
each year up to a period of five years after the date of the	6746
issuance of the notes, less an amount equal to the proceeds of the	6747
levy obligated for each year by the issuance of anticipation	6748
notes, provided that the total amount maturing in any one year	6749
shall not exceed fifty per cent of the anticipated proceeds of the	6750
levy for that year. Each issue of notes shall be sold as provided	6751
in Chapter 133. of the Revised Code, and shall, except for such	6752
limitation that the total amount of such notes maturing in any one	6753
year shall not exceed fifty per cent of the anticipated proceeds	6754
of the levy for that year, mature serially in substantially equal	6755
installments, during each year over a period not to exceed five	6756
years after their issuance.	6757

(B) Prior to the application of section 319.301 of the	6758
Revised Code, the rate of a levy that is limited to, or to the	6759
extent that it is apportioned to, purposes other than current	6760
expenses shall be reduced in the same proportion in which the	6761
district's total valuation increases during the life of the levy	6762
because of additions to such valuation that have resulted from	6763
improvements added to the tax list and duplicate.	6764

(C) The form of ballot cast at an election under division (A)	6765
of this section shall be as prescribed by section 5705.25 of the	6766
Revised Code.	6767

Sec. 3311.24. (A)(1) Except as provided in division (B) of	6768
this section, the board of education of a city, exempted village,	6769
or local school district shall file with the state board of	6770
education a proposal to transfer territory from such district to	6771
an adjoining city, exempted village, or local school district in	6772
any of the following circumstances:	6773

(a) The district board deems the transfer advisable and, if	6774
the portion of the district proposed to be transferred is five	6775
acres or more, the board has obtained written consent to the	6776
transfer from seventy-five per cent of the owners of parcels of	6777
real property on the tax duplicate within that portion of the	6778
district;	6779

(b) A petition, signed by seventy-five per cent of the	6780
qualified electors residing within that portion of a city,	6781
exempted village, or local school district proposed to be	6782
transferred voting at the last general election, requests such a	6783
transfer;	6784

(c) If no qualified electors reside in that portion of the	6785
district proposed to be transferred, a petition, signed by	6786
seventy-five per cent of the owners of parcels of real property on	6787
the tax duplicate within that portion of the district, requests	6788
such a transfer.	6789

(2) The board of education of the district in which such	6790
proposal originates shall file such proposal, together with a map	6791
showing the boundaries of the territory proposed to be	6792
transferred, with the state board of education prior to the first	6793
day of April in any even-numbered year. The state board of	6794
education may, if it is advisable, provide for a hearing in any	6795
suitable place in any of the school districts affected by such	6796
proposed transfer of territory. The state board of education or	6797
its representatives shall preside at any such hearing.	6798

(3) A board of education of a city, exempted village, or	6799
local school district that receives a petition of transfer signed	6800
by electors of the district under division (A)(1)(b) of this	6801
section shall cause the board of elections to check the	6802
sufficiency of signatures on the petition. A board of education of	6803
a city, exempted village, or local school district that receives	6804
written consent or a petition of transfer signed by owners of	6805
parcels of real property under division (A)(1)(a) or (c) of this	6806
section shall cause the county auditor to check the sufficiency	6807
of signatures on the consent or petition.	6808

(4) Not later than the first day of September the state board	6809
of education shall either approve or disapprove a proposed	6810
transfer of territory filed with it as provided by this section	6811
and shall notify, in writing, the boards of education of the	6812
districts affected by such proposed transfer of territory of its	6813
decision.	6814

If the decision of the state board of education is an	6815
approval of the proposed transfer of territory then the board of	6816
education of the district in which the territory is located shall,	6817
within thirty days after receiving the state board of education's	6818
decision, adopt a resolution transferring the territory and shall	6819
forthwith submit a copy of such resolution to the treasurer of the	6820
board of education of the city, exempted village, or local school	6821
district to which the territory is transferred. Such transfer	6822
shall not be complete however, until:	6823

(a) A resolution accepting the transfer has been passed by a	6824
majority vote of the full membership of the board of education of	6825
the city, exempted village, or local school district to which the	6826
territory is transferred;	6827

(b) An equitable division of the funds and indebtedness	6828
between the districts involved has been made by the board of	6829
education making the transfer;	6830

(c) A map showing the boundaries of the territory transferred	6831
has been filed, by the board of education accepting the transfer,	6832
with the county auditor of each county affected by the transfer.	6833

When such transfer is complete the legal title of the school	6834
property in the territory transferred shall be vested in the board	6835
of education or governing board of the school district to which	6836
the territory is transferred.	6837

(B) Whenever the transfer of territory pursuant to this	6838
section is initiated by a board of education, the board shall,	6839
before filing a proposal for transfer with the state board of	6840
education under this section, make a good faith effort to	6841
negotiate the terms of transfer with any other school district	6842
whose territory would be affected by the transfer. Before the	6843
state board may hold a hearing on the transfer, or approve or	6844
disapprove any such transfer, it must receive the following:	6845

(1) A resolution requesting approval of the transfer, passed	6846
by the school district submitting the proposal and, if applicable,	6847
evidence of the consent of affected property owners to the	6848
transfer;	6849

(2) Evidence determined to be sufficient by the state board	6850
to show that good faith negotiations have taken place or that the	6851
district requesting the transfer has made a good faith effort to	6852
hold such negotiations;	6853

(3) If any negotiations took place, a statement signed by all	6854
boards that participated in the negotiations, listing the terms	6855
agreed on and the points on which no agreement could be reached.	6856

Negotiations held pursuant to this section shall be governed	6857
by the rules adopted by the state board under division (D) of	6858
section 3311.06 of the Revised Code. Districts involved in a	6859
transfer under division (B) of this section may agree to share	6860
revenues from the property included in the territory to be	6861
transferred, establish cooperative programs between the	6862
participating districts, and establish mechanisms for the	6863
settlement of any future boundary disputes.	6864

Sec. 3313.842. (A) The boards of education of any two or	6865
more school districts may enter into an agreement for joint or	6866
cooperative establishment and operation of any educational program	6867
including any class, course, or program that may be included in a	6868
school district's graded course of study and staff development	6869
programs for teaching and nonteaching school employees. Each	6870
school district that is party to such an agreement may contribute	6871
funds of the district in support of the agreement and for the	6872
establishment and operation of any educational program established	6873
under the agreement. The agreement shall designate one of the	6874
districts as the district responsible for receiving and disbursing	6875
the funds contributed by the districts that are parties to the	6876
agreement.	6877

(B) Notwithstanding sections 3313.48 and 3313.64 of the	6878
Revised Code, any district that is party to an agreement for joint	6879
or cooperative establishment and operation of an educational	6880
program may charge fees or tuition for students who participate in	6881
the program and are entitled to attend school in the district	6882
under section 3313.64 or 3313.65 of the Revised Code.	6883

Sec. 3313.978. (A) Annually by the first day of November,	6884
the superintendent of public instruction shall notify the pilot	6885
project school district of the number of initial scholarships that	6886
the state superintendent will be awarding in each of grades	6887
kindergarten through eight.	6888

The state superintendent shall provide information about the	6889
scholarship program to all students residing in the district,	6890
shall accept applications from any such students until such date	6891
as shall be established by the state superintendent as a deadline	6892
for applications, and shall establish criteria for the selection	6893
of students to receive scholarships from among all those applying	6894
prior to the deadline, which criteria shall give preference to	6895
students from low-income families. For each student selected, the	6896
state superintendent shall also determine whether the student	6897
qualifies for seventy-five or ninety per cent of the scholarship	6898
amount. Students whose family income is at or above two hundred	6899
per cent of the maximum income level established by the state	6900
superintendent for low-income families shall qualify for	6901
seventy-five per cent of the scholarship amount and students whose	6902
family income is below two hundred per cent of that maximum income	6903
level shall qualify for ninety per cent of the scholarship amount.	6904
The state superintendent shall notify students of their selection	6905
prior to the fifteenth day of January and whether they qualify for	6906
seventy-five or ninety per cent of the scholarship amount.	6907

(1) A student receiving a pilot project scholarship may	6908
utilize it at an alternative public school by notifying the	6909
district superintendent, at any time before the beginning of the	6910
school year, of the name of the public school in an adjacent	6911
school district to which the student has been accepted pursuant to	6912
section 3327.06 of the Revised Code.	6913

(2) A student may decide to utilize a pilot project	6914
scholarship at a registered private school in the district if all	6915
of the following conditions are met:	6916

(a) By the fifteenth day of February of the preceding school	6917
year, or at any time prior to the start of the school year, the	6918
parent makes an application on behalf of the student to a	6919
registered private school.	6920

(b) The registered private school notifies the parent and the	6921
state superintendent as follows that the student has been	6922
admitted:	6923

(i) By the fifteenth day of March of the preceding school	6924
year if the student filed an application by the fifteenth day of	6925
February and was admitted by the school pursuant to division (A)	6926
of section 3313.977 of the Revised Code;	6927

(ii) Within one week of the decision to admit the student if	6928
the student is admitted pursuant to division (C) of section	6929
3313.977 of the Revised Code.	6930

(c) The student actually enrolls in the registered private	6931
school to which the student was first admitted or in another	6932
registered private school in the district or in a public school in	6933
an adjacent school district.	6934

(B) The state superintendent shall also award in any school	6935
year tutorial assistance grants to a number of students equal to	6936
the number of students who receive scholarships under division (A)	6937
of this section. Tutorial assistance grants shall be awarded	6938
solely to students who are enrolled in the public schools of the	6939
district in a grade level covered by the pilot project. Tutorial	6940
assistance grants may be used solely to obtain tutorial assistance	6941
from a provider approved pursuant to division (D) of section	6942
3313.976 of the Revised Code.	6943

All students wishing to obtain tutorial assistance grants	6944
shall make application to the state superintendent by the first	6945
day of the school year in which the assistance will be used. The	6946
state superintendent shall award assistance grants in accordance	6947
with criteria the superintendent shall establish. For each student	6948
awarded a grant, the state superintendent shall also determine	6949
whether the student qualifies for seventy-five or ninety per cent	6950
of the grant amount and so notify the student. Students whose	6951
family income is at or above two hundred per cent of the maximum	6952
income level established by the state superintendent for	6953
low-income families shall qualify for seventy-five per cent of the	6954
grant amount and students whose family income is below two hundred	6955
per cent of that maximum income level shall qualify for ninety per	6956
cent of the grant amount.	6957

(C)(1) In the case of basic scholarships for students in	6958
grades kindergarten through eight, the scholarship amount shall	6959
not exceed the lesser of the tuition charges of the alternative	6960
school the scholarship recipient attends or three thousand	6961
dollars before fiscal year 2007 and three thousand four hundred	6962
fifty dollars in fiscal year 2007 and thereafter.	6963

In the case of basic scholarships for students in grades nine	6964
through twelve, the scholarship amount shall not exceed the lesser	6965
of the tuition charges of the alternative school the scholarship	6966
recipient attends or two thousand seven hundred dollars before	6967
fiscal year 2007 and three thousand four hundred fifty dollars in	6968
fiscal year 2007 and thereafter.	6969

(2) The state superintendent shall provide for an increase in	6970
the basic scholarship amount in the case of any student who is a	6971
mainstreamed student with a disability and shall further increase	6972
such amount in the case of any separately educated student with a	6973
disability. Such increases shall take into account the	6974
instruction, related services, and transportation costs of	6975
educating such students.	6976

(3) In the case of tutorial assistance grants, the grant	6977
amount shall not exceed the lesser of the provider's actual	6978
charges for such assistance or:	6979

(a) Before fiscal year 2007, a percentage established by the	6980
state superintendent, not to exceed twenty per cent, of the amount	6981
of the pilot project school district's average basic scholarship	6982
amount;	6983

(b) In fiscal year 2007 and thereafter, four hundred dollars.

6984

(4) No scholarship or tutorial assistance grant shall be	6985
awarded unless the state superintendent determines that	6986
twenty-five or ten per cent, as applicable, of the amount	6987
specified for such scholarship or grant pursuant to division	6988
(C)(1), (2), or (3) of this section will be furnished by a	6989
political subdivision, a private nonprofit or for profit entity,	6990
or another person. Only seventy-five or ninety per cent of such	6991
amounts, as applicable, shall be paid from state funds pursuant to	6992
section 3313.979 of the Revised Code.	6993

(D)(1) Annually by the first day of November, the state	6994
superintendent shall estimate the maximum per-pupil scholarship	6995
amounts for the ensuing school year. The state superintendent	6996
shall make this estimate available to the general public at the	6997
offices of the district board of education together with the forms	6998
required by division (D)(2) of this section.	6999

(2) Annually by the fifteenth day of January, the chief	7000
administrator of each registered private school located in the	7001
pilot project district and the principal of each public school in	7002
such district shall complete a parental information form and	7003
forward it to the president of the board of education. The	7004
parental information form shall be prescribed by the department of	7005
education and shall provide information about the grade levels	7006
offered, the numbers of students, tuition amounts, achievement	7007
test results, and any sectarian or other organizational	7008
affiliations.	7009

(E)(1) Only for the purpose of administering the pilot	7010
project scholarship program, the department may request from any	7011
of the following entities the data verification code assigned	7012
under division (D)(2) of section 3301.0714 of the Revised Code to	7013
any student who is seeking a scholarship under the program:	7014

(a) The school district in which the student is entitled to	7015
attend school under section 3313.64 or 3313.65 of the Revised	7016
Code;	7017

(b) If applicable, the community school in which the student	7018
is enrolled;	7019

(c) The independent contractor engaged to create and maintain	7020
data verification codes.	7021

(2) Upon a request by the department under division (E)(1) of	7022
this section for the data verification code of a student seeking a	7023
scholarship or a request by the student's parent for that code,	7024
the school district or community school shall submit that code to	7025
the department or parent in the manner specified by the	7026
department. If the student has not been assigned a code, because	7027
the student will be entering kindergarten during the school year	7028
for which the scholarship is sought, the district shall assign a	7029
code to that student and submit the code to the department or	7030
parent by a date specified by the department. If the district does	7031
not assign a code to the student by the specified date, the	7032
department shall assign a code to the student.	7033

The department annually shall submit to each school district	7034
the name and data verification code of each student residing in	7035
the district who is entering kindergarten, who has been awarded a	7036
scholarship under the program, and for whom the department has	7037
assigned a code under this division.	7038

(3) The department shall not release any data verification	7039
code that it receives under division (E) of this section to any	7040
person except as provided by law.	7041

(F) Any document relative to the pilot project scholarship	7042
program that the department holds in its files that contains both	7043
a student's name or other personally identifiable information and	7044
the student's data verification code shall not be a public record	7045
under section 149.43 of the Revised Code.	7046

Sec. 3314.016. (A) After June 30, 2007, a new start-up	7047
school may be established under this chapter only if the school's	7048
governing authority enters into a contract with an operator that	7049
manages other schools in the United States that perform at a level	7050
higher than academic watch. The governing authority of the	7051
community school may sign a contract with an operator only if the	7052
operator has fewer contracts with the governing authorities of new	7053
start-up schools established under this chapter after June 30,	7054
2007, than the number of schools managed by the operator in the	7055
United States that perform at a level higher than academic watch,	7056
as determined by the department of education.	7057

(B) Notwithstanding division (A) of this section, the	7058
governing authority of a start-up school sponsored by an entity	7059
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	7060
Revised Code may establish one additional school serving the same	7061
grade levels and providing the same educational program as the	7062
current start-up school and may open that additional school in the	7063
2007-2008 school year, if both of the following conditions are	7064
met:	7065

(1) The governing authority entered into another contract	7066
with the same sponsor or a different sponsor described in	7067
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	7068
and filed a copy of that contract with the superintendent of	7069
public instruction prior to March 15, 2006.	7070

(2) The governing authority's current school satisfies all of	7071
the following conditions:	7072

(a) The school currently is rated as excellent or effective	7073
pursuant to section 3302.03 of the Revised Code.	7074

(b) The school made adequate yearly progress, as defined in	7075
section 3302.01 of the Revised Code, for the previous school year.	7076

(c) The school has been in operation for at least four school	7077
years.	7078

(d) The school is not managed by an operator.

7079

(C) Notwithstanding division (A) of this section, the	7080
governing authority of a start-up school sponsored by the big	7081
eight school district in which the school is located may establish	7082
one additional start-up school that is located in the same school	7083
district and that provides a general educational program to	7084
students in any or all of grades kindergarten through five to	7085
facilitate their transition to the current start-up school, and	7086
may open the additional start-up school in the 2009-2010 school	7087
year, if both of the following conditions are met:	7088

(1) The governing authority enters into another contract with	7089
the same sponsor and files a copy of the contract with the	7090
superintendent of public instruction prior to March 15, 2009.	7091

(2) The governing authority's current school satisfies all of	7092
the following conditions:	7093

(a) The school provided instruction to students for eleven	7094
months in the previous school year.	7095

(b) The school has been in operation for at least two school	7096
years.	7097

(c) The school qualified to be rated in need of continuous	7098
improvement or higher pursuant to section 3302.03 of the Revised	7099
Code for its first school year of operation, even though the	7100
department of education did not issue a report card for the	7101
school for that school year.	7102

Sec. 3314.02. (A) As used in this chapter:

7103

(1) "Sponsor" means an entity listed in division (C)(1) of	7104
this section, which has been approved by the department of	7105
education to sponsor community schools and with which the	7106
governing authority of the proposed community school enters into a	7107
contract pursuant to this section.	7108

(2) "Pilot project area" means the school districts included	7109
in the territory of the former community school pilot project	7110
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	7111
the 122nd general assembly.	7112

(3) "Challenged school district" means any of the following:

7113

(a) A school district that is part of the pilot project area;

7114

(b) A school district that is either in a state of academic	7115
emergency or in a state of academic watch under section 3302.03 of	7116
the Revised Code;	7117

7118

(4) "Big eight school district" means a school district that	7119
for fiscal year 1997 had both of the following:	7120

(a) A percentage of children residing in the district and	7121
participating in the predecessor of Ohio works first greater than	7122
thirty per cent, as reported pursuant to section 3317.10 of the	7123
Revised Code;	7124

(b) An average daily membership greater than twelve thousand,	7125
as reported pursuant to former division (A) of section 3317.03 of	7126
the Revised Code.	7127

(5) "New start-up school" means a community school other than	7128
one created by converting all or part of an existing public school	7129
or educational service center building, as designated in the	7130
school's contract pursuant to division (A)(17) of section 3314.03	7131
of the Revised Code.	7132

(6) "Urban school district" means one of the state's	7133
twenty-one urban school districts as defined in division (O) of	7134
section 3317.02 of the Revised Code as that section existed prior	7135
to July 1, 1998.	7136

(7) "Internet- or computer-based community school" means a	7137
community school established under this chapter in which the	7138
enrolled students work primarily from their residences on	7139
assignments in nonclassroom-based learning opportunities provided	7140
via an internet- or other computer-based instructional method that	7141
does not rely on regular classroom instruction or via	7142
comprehensive instructional methods that include internet-based,	7143
other computer-based, and noncomputer-based learning	7144
opportunities.	7145

(B) Any person or group of individuals may initially propose	7146
under this division the conversion of all or a portion of a public	7147
school or a building operated by an educational service center to	7148
a community school. The proposal shall be made to the board of	7149
education of the city, local, or exempted village school district	7150
in which the public school is proposed to be converted or, in the	7151
case of the conversion of a building operated by an educational	7152
service center, to the governing board of the service center. Upon	7153
receipt of a proposal, a board may enter into a preliminary	7154
agreement with the person or group proposing the conversion of the	7155
public school or service center building, indicating the intention	7156
of the board ~~of education~~ to support the conversion to a	7157
community school. A proposing person or group that has a	7158
preliminary agreement under this division may proceed to finalize	7159
plans for the school, establish a governing authority for the	7160
school, and negotiate a contract with the board ~~of education~~.	7161
Provided the proposing person or group adheres to the preliminary	7162
agreement and all provisions of this chapter, the board of	7163
~~education~~ shall negotiate in good faith to enter into a contract	7164
in accordance with section 3314.03 of the Revised Code and	7165
division (C) of this section.	7166

(C)(1) Any person or group of individuals may propose under	7167
this division the establishment of a new start-up school to be	7168
located in a challenged school district. The proposal may be made	7169
to any of the following entities:	7170

(a) The board of education of the district in which the	7171
school is proposed to be located;	7172

(b) The board of education of any joint vocational school	7173
district with territory in the county in which is located the	7174
majority of the territory of the district in which the school is	7175
proposed to be located;	7176

(c) The board of education of any other city, local, or	7177
exempted village school district having territory in the same	7178
county where the district in which the school is proposed to be	7179
located has the major portion of its territory;	7180

(d) The governing board of any educational service center, as	7181
long as the proposed school will be located in a county within the	7182
territory of the service center or in a county contiguous to such	7183
county;	7184

(e) A sponsoring authority designated by the board of	7185
trustees of any of the thirteen state universities listed in	7186
section 3345.011 of the Revised Code or the board of trustees	7187
itself as long as a mission of the proposed school to be specified	7188
in the contract under division (A)(2) of section 3314.03 of the	7189
Revised Code and as approved by the department of education under	7190
division (B)(2) of section 3314.015 of the Revised Code will be	7191
the practical demonstration of teaching methods, educational	7192
technology, or other teaching practices that are included in the	7193
curriculum of the university's teacher preparation program	7194
approved by the state board of education;	7195

(f) Any qualified tax-exempt entity under section 501(c)(3)	7196
of the Internal Revenue Code as long as all of the following	7197
conditions are satisfied:	7198

(i) The entity has been in operation for at least five years	7199
prior to applying to be a community school sponsor.	7200

(ii) The entity has assets of at least five hundred thousand	7201
dollars and a demonstrated record of financial responsibility.	7202

(iii) The department of education has determined that the	7203
entity is an education-oriented entity under division (B)(3) of	7204
section 3314.015 of the Revised Code and the entity has a	7205
demonstrated record of successful implementation of educational	7206
programs.	7207

(iv) The entity is not a community school.

7208

Any entity described in division (C)(1) of this section may	7209
enter into a preliminary agreement pursuant to division (C)(2) of	7210
this section with the proposing person or group.	7211

(2) A preliminary agreement indicates the intention of an	7212
entity described in division (C)(1) of this section to sponsor the	7213
community school. A proposing person or group that has such a	7214
preliminary agreement may proceed to finalize plans for the	7215
school, establish a governing authority as described in division	7216
(E) of this section for the school, and negotiate a contract with	7217
the entity. Provided the proposing person or group adheres to the	7218
preliminary agreement and all provisions of this chapter, the	7219
entity shall negotiate in good faith to enter into a contract in	7220
accordance with section 3314.03 of the Revised Code.	7221

(3) A new start-up school that is established in a school	7222
district while that district is either in a state of academic	7223
emergency or in a state of academic watch under section 3302.03 of	7224
the Revised Code may continue in existence once the school	7225
district is no longer in a state of academic emergency or academic	7226
watch, provided there is a valid contract between the school and a	7227
sponsor.	7228

(4) A copy of every preliminary agreement entered into under	7229
this division shall be filed with the superintendent of public	7230
instruction.	7231

(D) A majority vote of the board of a sponsoring entity and a	7232
majority vote of the members of the governing authority of a	7233
community school shall be required to adopt a contract and convert	7234
the public school or educational service center building to a	7235
community school or establish the new start-up school. Beginning	7236
September 29, 2005, adoption of the contract shall occur not	7237
later than the fifteenth day of March, and signing of the	7238
contract shall occur not later than the fifteenth day of May,	7239
prior to the school year in which the school will open. The	7240
governing authority shall notify the department of education when	7241
the contract has been signed. Subject to sections 3314.013,	7242
3314.014, 3314.016, and 3314.017 of the Revised Code, an	7243
unlimited number of community schools may be established in any	7244
school district provided that a contract is entered into for each	7245
community school pursuant to this chapter.	7246

(E)(1) As used in this division, "immediate relatives" are	7247
limited to spouses, children, parents, grandparents, siblings, and	7248
in-laws.	7249

Each new start-up community school established under this	7250
chapter shall be under the direction of a governing authority	7251
which shall consist of a board of not less than five individuals.	7252

No person shall serve on the governing authority or operate	7253
the community school under contract with the governing authority	7254
so long as the person owes the state any money or is in a dispute	7255
over whether the person owes the state any money concerning the	7256
operation of a community school that has closed.	7257

(2) No person shall serve on the governing authorities of	7258
more than two start-up community schools at the same time.	7259

(3) No present or former member, or immediate relative of a	7260
present or former member, of the governing authority of any	7261
community school established under this chapter shall be an owner,	7262
employee, or consultant of any nonprofit or for-profit operator of	7263
a community school, unless at least one year has elapsed since the	7264
conclusion of the person's membership.	7265

(F) ~~Nothing in this chapter shall be construed to permit the~~	7266
~~establishment of a community school in more than one school~~	7267
~~district under the same contract.~~	7268

~~(G)~~(1) A new start-up school that is established prior to	7269
August 15, 2003, in an urban school district that is not also a	7270
big-eight school district may continue to operate after that date	7271
and the contract between the school's governing authority and the	7272
school's sponsor may be renewed, as provided under this chapter,	7273
after that date, but no additional new start-up schools may be	7274
established in such a district unless the district is a challenged	7275
school district as defined in this section as it exists on and	7276
after that date.	7277

(2) A community school that was established prior to June	7278
29, 1999, and is located in a county contiguous to the pilot	7279
project area and in a school district that is not a challenged	7280
school district may continue to operate after that date, provided	7281
the school complies with all provisions of this chapter. The	7282
contract between the school's governing authority and the	7283
school's sponsor may be renewed, but no additional start-up	7284
community school may be established in that district unless the	7285
district is a challenged school district.	7286

(3) Any educational service center that, on ~~the effective~~	7287
~~date of this amendment~~June 30, 2007, sponsors a community school	7288
that is not located in a county within the territory of the	7289
service center or in a county contiguous to such county may	7290
continue to sponsor that community school on and after ~~the~~	7291
~~effective date of this amendment~~June 30, 2007, and may renew its	7292
contract with the school. However, the educational service center	7293
shall not enter into a contract with any additional community	7294
school unless the school is located in a county within the	7295
territory of the service center or in a county contiguous to such	7296
county.	7297

Sec. 3314.03. A copy of every contract entered into under	7298
this section shall be filed with the superintendent of public	7299
instruction.	7300

(A) Each contract entered into between a sponsor and the	7301
governing authority of a community school shall specify the	7302
following:	7303

(1) That the school shall be established as either of the	7304
following:	7305

(a) A nonprofit corporation established under Chapter 1702.	7306
of the Revised Code, if established prior to April 8, 2003;	7307

(b) A public benefit corporation established under Chapter	7308
1702. of the Revised Code, if established after April 8, 2003;	7309

(2) The education program of the school, including the	7310
school's mission, the characteristics of the students the school	7311
is expected to attract, the ages and grades of students, and the	7312
focus of the curriculum;	7313

(3) The academic goals to be achieved and the method of	7314
measurement that will be used to determine progress toward those	7315
goals, which shall include the statewide achievement tests;	7316

(4) Performance standards by which the success of the school	7317
will be evaluated by the sponsor;	7318

(5) The admission standards of section 3314.06 of the Revised	7319
Code and, if applicable, section 3314.061 of the Revised Code;	7320

(6)(a) Dismissal procedures;

7321

(b) A requirement that the governing authority adopt an	7322
attendance policy that includes a procedure for automatically	7323
withdrawing a student from the school if the student without a	7324
legitimate excuse fails to participate in one hundred five	7325
consecutive hours of the learning opportunities offered to the	7326
student.	7327

(7) The ways by which the school will achieve racial and	7328
ethnic balance reflective of the community it serves;	7329

(8) Requirements for financial audits by the auditor of	7330
state. The contract shall require financial records of the school	7331
to be maintained in the same manner as are financial records of	7332
school districts, pursuant to rules of the auditor of state, and	7333
the audits shall be conducted in accordance with section 117.10 of	7334
the Revised Code.	7335

(9) The facilities to be used and their locations;

7336

(10) Qualifications of teachers, including a requirement that	7337
the school's classroom teachers be licensed in accordance with	7338
sections 3319.22 to 3319.31 of the Revised Code, except that a	7339
community school may engage noncertificated persons to teach up to	7340
twelve hours per week pursuant to section 3319.301 of the Revised	7341
Code;	7342

(11) That the school will comply with the following	7343
requirements:	7344

(a) The school will provide learning opportunities to a	7345
minimum of twenty-five students for a minimum of nine hundred	7346
twenty hours per school year;	7347

(b) The governing authority will purchase liability	7348
insurance, or otherwise provide for the potential liability of the	7349
school;	7350

(c) The school will be nonsectarian in its programs,	7351
admission policies, employment practices, and all other	7352
operations, and will not be operated by a sectarian school or	7353
religious institution;	7354

(d) The school will comply with sections 9.90, 9.91, 109.65,	7355
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	7356
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	7357
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	7358
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	7359
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	7360
3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321,	7361
3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	7362
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	7363
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	7364
and 4167. of the Revised Code as if it were a school district and	7365
will comply with section 3301.0714 of the Revised Code in the	7366
manner specified in section 3314.17 of the Revised Code;	7367

(e) The school shall comply with Chapter 102. and section	7368
2921.42 of the Revised Code;	7369

(f) The school will comply with sections 3313.61, 3313.611,	7370
and 3313.614 of the Revised Code, except that for students who	7371
enter ninth grade for the first time before July 1, 2010, the	7372
requirement in sections 3313.61 and 3313.611 of the Revised Code	7373
that a person must successfully complete the curriculum in any	7374
high school prior to receiving a high school diploma may be met by	7375
completing the curriculum adopted by the governing authority of	7376
the community school rather than the curriculum specified in Title	7377
XXXIII of the Revised Code or any rules of the state board of	7378
education. Beginning with students who enter ninth grade for the	7379
first time on or after July 1, 2010, the requirement in sections	7380
3313.61 and 3313.611 of the Revised Code that a person must	7381
successfully complete the curriculum of a high school prior to	7382
receiving a high school diploma shall be met by completing the	7383
Ohio core curriculum prescribed in division (C) of section	7384
3313.603 of the Revised Code, unless the person qualifies under	7385
division (D) or (F) of that section. Each school shall comply with	7386
the plan for awarding high school credit based on demonstration of	7387
subject area competency, adopted by the state board of education	7388
under division (J) of section 3313.603 of the Revised Code.	7389

(g) The school governing authority will submit within four	7390
months after the end of each school year a report of its	7391
activities and progress in meeting the goals and standards of	7392
divisions (A)(3) and (4) of this section and its financial status	7393
to the sponsor and the parents of all students enrolled in the	7394
school.	7395

(h) The school, unless it is an internet- or computer-based	7396
community school, will comply with section 3313.801 of the Revised	7397
Code as if it were a school district.	7398

(12) Arrangements for providing health and other benefits to	7399
employees;	7400

(13) The length of the contract, which shall begin at the	7401
beginning of an academic year. No contract shall exceed five years	7402
unless such contract has been renewed pursuant to division (E) of	7403
this section.	7404

(14) The governing authority of the school, which shall be	7405
responsible for carrying out the provisions of the contract;	7406

(15) A financial plan detailing an estimated school budget	7407
for each year of the period of the contract and specifying the	7408
total estimated per pupil expenditure amount for each such year.	7409
The plan shall specify for each year the base formula amount that	7410
will be used for purposes of funding calculations under section	7411
3314.08 of the Revised Code. This base formula amount for any year	7412
shall not exceed the formula amount defined under section 3317.02	7413
of the Revised Code. The plan may also specify for any year a	7414
percentage figure to be used for reducing the per pupil amount of	7415
the subsidy calculated pursuant to section 3317.029 of the Revised	7416
Code the school is to receive that year under section 3314.08 of	7417
the Revised Code.	7418

(16) Requirements and procedures regarding the disposition of	7419
employees of the school in the event the contract is terminated or	7420
not renewed pursuant to section 3314.07 of the Revised Code;	7421

(17) Whether the school is to be created by converting all or	7422
part of an existing public school or educational service center	7423
building or is to be a new start-up school, and if it is a	7424
converted public school or service center building, specification	7425
of any duties or responsibilities of an employer that the board of	7426
education or service center governing board that operated the	7427
school or building before conversion is delegating to the	7428
governing ~~board~~authority of the community school with respect to	7429
all or any specified group of employees provided the delegation is	7430
not prohibited by a collective bargaining agreement applicable to	7431
such employees;	7432

(18) Provisions establishing procedures for resolving	7433
disputes or differences of opinion between the sponsor and the	7434
governing authority of the community school;	7435

(19) A provision requiring the governing authority to adopt a	7436
policy regarding the admission of students who reside outside the	7437
district in which the school is located. That policy shall comply	7438
with the admissions procedures specified in sections 3314.06 and	7439
3314.061 of the Revised Code and, at the sole discretion of the	7440
authority, shall do one of the following:	7441

(a) Prohibit the enrollment of students who reside outside	7442
the district in which the school is located;	7443

(b) Permit the enrollment of students who reside in districts	7444
adjacent to the district in which the school is located;	7445

(c) Permit the enrollment of students who reside in any other	7446
district in the state.	7447

(20) A provision recognizing the authority of the department	7448
of education to take over the sponsorship of the school in	7449
accordance with the provisions of division (C) of section 3314.015	7450
of the Revised Code;	7451

(21) A provision recognizing the sponsor's authority to	7452
assume the operation of a school under the conditions specified in	7453
division (B) of section 3314.073 of the Revised Code;	7454

(22) A provision recognizing both of the following:

7455

(a) The authority of public health and safety officials to	7456
inspect the facilities of the school and to order the facilities	7457
closed if those officials find that the facilities are not in	7458
compliance with health and safety laws and regulations;	7459

(b) The authority of the department of education as the	7460
community school oversight body to suspend the operation of the	7461
school under section 3314.072 of the Revised Code if the	7462
department has evidence of conditions or violations of law at the	7463
school that pose an imminent danger to the health and safety of	7464
the school's students and employees and the sponsor refuses to	7465
take such action;	7466

(23) A description of the learning opportunities that will be	7467
offered to students including both classroom-based and	7468
non-classroom-based learning opportunities that is in compliance	7469
with criteria for student participation established by the	7470
department under division (L)(2) of section 3314.08 of the Revised	7471
Code;	7472

(24) The school will comply with section 3302.04 of the	7473
Revised Code, including division (E) of that section to the extent	7474
possible, except that any action required to be taken by a school	7475
district pursuant to that section shall be taken by the sponsor of	7476
the school. However, the sponsor shall not be required to take any	7477
action described in division (F) of that section.	7478

(25) Beginning in the 2006-2007 school year, the school will	7479
open for operation not later than the thirtieth day of September	7480
each school year, unless the mission of the school as specified	7481
under division (A)(2) of this section is solely to serve dropouts.	7482
In its initial year of operation, if the school fails to open by	7483
the thirtieth day of September, or within one year after the	7484
adoption of the contract pursuant to division (D) of section	7485
3314.02 of the Revised Code if the mission of the school is solely	7486
to serve dropouts, the contract shall be void.	7487

(B) The community school shall also submit to the sponsor a	7488
comprehensive plan for the school. The plan shall specify the	7489
following:	7490

(1) The process by which the governing authority of the	7491
school will be selected in the future;	7492

(2) The management and administration of the school;

7493

(3) If the community school is a currently existing public	7494
school or educational service center building, alternative	7495
arrangements for current public school students who choose not to	7496
attend the converted school and for teachers who choose not to	7497
teach in the school or building after conversion;	7498

(4) The instructional program and educational philosophy of	7499
the school;	7500

(5) Internal financial controls.

7501

(C) A contract entered into under section 3314.02 of the	7502
Revised Code between a sponsor and the governing authority of a	7503
community school may provide for the community school governing	7504
authority to make payments to the sponsor, which is hereby	7505
authorized to receive such payments as set forth in the contract	7506
between the governing authority and the sponsor. The total amount	7507
of such payments for oversight and monitoring of the school shall	7508
not exceed three per cent of the total amount of payments for	7509
operating expenses that the school receives from the state.	7510

(D) The contract shall specify the duties of the sponsor	7511
which shall be in accordance with the written agreement entered	7512
into with the department of education under division (B) of	7513
section 3314.015 of the Revised Code and shall include the	7514
following:	7515

(1) Monitor the community school's compliance with all laws	7516
applicable to the school and with the terms of the contract;	7517

(2) Monitor and evaluate the academic and fiscal performance	7518
and the organization and operation of the community school on at	7519
least an annual basis;	7520

(3) Report on an annual basis the results of the evaluation	7521
conducted under division (D)(2) of this section to the department	7522
of education and to the parents of students enrolled in the	7523
community school;	7524

(4) Provide technical assistance to the community school in	7525
complying with laws applicable to the school and terms of the	7526
contract;	7527

(5) Take steps to intervene in the school's operation to	7528
correct problems in the school's overall performance, declare the	7529
school to be on probationary status pursuant to section 3314.073	7530
of the Revised Code, suspend the operation of the school pursuant	7531
to section 3314.072 of the Revised Code, or terminate the contract	7532
of the school pursuant to section 3314.07 of the Revised Code as	7533
determined necessary by the sponsor;	7534

(6) Have in place a plan of action to be undertaken in the	7535
event the community school experiences financial difficulties or	7536
closes prior to the end of a school year.	7537

(E) Upon the expiration of a contract entered into under this	7538
section, the sponsor of a community school may, with the approval	7539
of the governing authority of the school, renew that contract for	7540
a period of time determined by the sponsor, but not ending earlier	7541
than the end of any school year, if the sponsor finds that the	7542
school's compliance with applicable laws and terms of the contract	7543
and the school's progress in meeting the academic goals prescribed	7544
in the contract have been satisfactory. Any contract that is	7545
renewed under this division remains subject to the provisions of	7546
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	7547

(F) If a community school fails to open for operation within	7548
one year after the contract entered into under this section is	7549
adopted pursuant to division (D) of section 3314.02 of the Revised	7550
Code or permanently closes prior to the expiration of the	7551
contract, the contract shall be void and the school shall not	7552
enter into a contract with any other sponsor. A school shall not	7553
be considered permanently closed because the operations of the	7554
school have been suspended pursuant to section 3314.072 of the	7555
Revised Code. Any contract that becomes void under this division	7556
shall not count toward any statewide limit on the number of such	7557
contracts prescribed by section 3314.013 of the Revised Code.	7558

Sec. 3314.05. ~~Division (A) of this section shall not apply~~	7559
~~to internet- or computer-based community schools.~~	7560

(A) The contract between the community school and the sponsor	7561
shall specify the facilities to be used for the community school	7562
and the method of acquisition. Except as provided in division	7563
(B)(3) of this section, no community school shall be established	7564
in more than one school district under the same contract.	7565

~~(A) A~~(B) Division (B) of this section shall not apply to	7566
internet- or computer-based community schools.	7567

(1) A community school may be located in multiple facilities	7568
under the same contract only if the limitations on availability	7569
of space prohibit serving all the grade levels specified in the	7570
contract in a single facility or division (B)(2) or (3) of this	7571
section applies to the school. The school shall not offer the	7572
same grade level classrooms in more than one facility.	7573

(2) A community school may be located in multiple facilities	7574
under the same contract and, notwithstanding division (B)(1) of	7575
this section, may assign students in the same grade level to	7576
multiple facilities, as long as all of the following apply:	7577

(a) The governing authority of the community school filed a	7578
copy of its contract with the school's sponsor under section	7579
3314.03 of the Revised Code with the superintendent of public	7580
instruction on or before May 15, 2008.	7581

(b) The school was not open for operation prior to July 1,	7582
2008.	7583

(c) The governing authority has entered into and maintains a	7584
contract with an operator of the type described in division (A)(2)	7585
of section 3314.014 of the Revised Code.	7586

(d) The contract with that operator qualified the school to	7587
be established pursuant to division (A) of section 3314.016 of the	7588
Revised Code.	7589

(e) The school's rating under section 3302.03 of the Revised	7590
Code does not fall below "in need of continuous improvement" for	7591
two or more consecutive years.	7592

(3) A new start-up community school may be established in	7593
two school districts under the same contract if all of the	7594
following apply:	7595

(a) At least one of the school districts in which the school	7596
is established is a challenged school district;	7597

(b) The school operates not more than one facility in each	7598
school district and, in accordance with division (B)(1) of this	7599
section, the school does not offer the same grade level classrooms	7600
in both facilities; and	7601

(c) Transportation between the two facilities does not	7602
require more than thirty minutes of direct travel time as measured	7603
by school bus.	7604

In the case of a community school to which division (B)(3) of	7605
this section applies, if only one of the school districts in which	7606
the school is established is a challenged school district, that	7607
district shall be considered the school's primary location and the	7608
district in which the school is located for the purposes of	7609
division (A)(19) of section 3314.03 and divisions (C) and (H) of	7610
section 3314.06 of the Revised Code and for all other purposes of	7611
this chapter. If both of the school districts in which the school	7612
is established are challenged school districts, the school's	7613
governing authority shall designate one of those districts to be	7614
considered the school's primary location and the district in which	7615
the school is located for the purposes of those divisions and all	7616
other purposes of this chapter and shall notify the department of	7617
education of that designation.	7618

(4) Any facility used for a community school shall meet all	7619
health and safety standards established by law for school	7620
buildings.	7621

~~(B)~~(C) In the case where a community school is proposed to be	7622
located in a facility owned by a school district or educational	7623
service center, the facility may not be used for such community	7624
school unless the district or service center board owning the	7625
facility enters into an agreement for the community school to	7626
utilize the facility. Use of the facility may be under any terms	7627
and conditions agreed to by the district or service center board	7628
and the school.	7629

Sec. 3314.37. (A) A five-year demonstration project is	7630
hereby established at the community schools known as the ISUS	7631
institutes. The project is a research and development initiative	7632
to collect and analyze data with which to improve dropout	7633
prevention and recovery programs, to evaluate various	7634
methodologies employed in those programs, to develop tools and	7635
criteria for evaluating community schools that operate dropout	7636
prevention and recovery programs, to institute stringent	7637
accountability measures for such community schools, and to	7638
direct curricular and programming decisions for such community	7639
schools. The program shall begin with the 2008-2009 school year	7640
and shall operate through the 2012-2013 school year.	7641

(B) Under the demonstration project, the ISUS institutes	7642
shall select and pay the costs of an independent evaluator to	7643
create a study plan and collect and analyze data from the	7644
institutes. The ISUS institutes' selection of the independent	7645
evaluator is subject to the approval of the department of	7646
education. The data collected by the evaluator shall include, but	7647
need not be limited to, the following:	7648

(1) Baseline measures of student status at enrollment,	7649
including academic level; history of court involvement, drug use,	7650
and other behavioral problems; and the circumstances of the	7651
students' parenting and living arrangements;	7652

(2) Student academic progress, measured at multiple and	7653
regular intervals each school year;	7654

(3) Value-added elements of the institutes' dropout	7655
prevention and recovery programs, including industry	7656
certifications, college coursework, community service and service	7657
learning, apprenticeships, and internships;	7658

(4) Outcomes in addition to high school graduation, including	7659
students' contributions to community service and students'	7660
transitions to employment, post-secondary training, college, or	7661
the military.	7662

(C) Not later than the thirtieth day of September following	7663
each school year in which the demonstration project is operating,	7664
the independent evaluator shall do both of the following:	7665

(1) Submit to the ISUS institutes and the department all data	7666
collected and a report of its data analysis;	7667

(2) Submit a report of its data analysis to the speaker and	7668
minority leader of the house of representatives, the president and	7669
minority leader of the senate, and the chairpersons and ranking	7670
minority members of the standing committees of the house of	7671
representatives and the senate that consider education	7672
legislation.	7673

(D) For each school year in which the demonstration project	7674
is operating:	7675

(1) The ISUS institutes shall continue to report data through	7676
the education management information system under section 3314.17	7677
of the Revised Code.	7678

(2) The department shall continue to issue annual report	7679
cards for the ISUS institutes under section 3314.012 of the	7680
Revised Code and shall continue to assign them performance ratings	7681
under division (B) of section 3302.03 of the Revised Code.	7682

(E) Nothing in this section prevents the application to the	7683
ISUS institutes, during the demonstration project, of any	7684
provision of the Revised Code or rule or policy of the department	7685
or the state board of education requiring closure, or otherwise	7686
restricting the operation, of a community school based on	7687
measures of academic performance for any school year before or	7688
during the demonstration project. Nothing in this section prevents	7689
a sponsor of an ISUS institute from terminating or not renewing	7690
its contract with the school, from suspending the operations of	7691
the school, or from placing the school on probationary status, in	7692
accordance with this chapter, during the demonstration project.	7693
Nothing in this section prevents the auditor of state from taking	7694
action against an ISUS institute under Chapter 117. of the	7695
Revised Code or other applicable law during the demonstration	7696
project.	7697

(F) The department may conduct its own analysis of data	7698
submitted under the demonstration project.	7699

(G) Not later than December 31, 2013, the independent	7700
evaluator shall issue a final report of its findings and analysis	7701
and its recommendations for appropriate academic accountability	7702
measures for community schools that operate dropout prevention and	7703
recovery programs. The independent evaluator shall submit the	7704
report to the department, the speaker and minority leader of the	7705
house of representatives, the president and minority leader of the	7706
senate, and the chairpersons and ranking minority members of the	7707
standing committees of the house of representatives and the senate	7708
that consider education legislation.	7709

Sec. 3314.40. The governing authorities of two or more	7710
community schools may enter into a pooling agreement under which	7711
the schools may act jointly to do any of the following:	7712

(A) Purchase health insurance for the schools' employees;

7713

(B) Secure liability insurance for the schools;

7714

(C) Purchase other goods or services necessary for the	7715
operation of the schools;	7716

(D) Provide transportation to students enrolled in the	7717
schools.	7718

Sec. 3316.03. (A) The existence of a fiscal watch shall be	7719
declared by the auditor of state. The auditor of state may make a	7720
determination on the auditor of state's initiative, or upon	7721
receipt of a written request for such a determination, which may	7722
be filed by the governor, the superintendent of public	7723
instruction, or a majority of the members of the board of	7724
education of the school district.	7725

(1) The auditor of state shall declare a school district to	7726
be in a state of fiscal watch if the auditor of state determines	7727
that both of the following conditions are satisfied with respect	7728
to the school district:	7729

(a) An operating deficit has been certified for the current	7730
fiscal year by the auditor of state, and the certified operating	7731
deficit exceeds eight per cent of the school district's general	7732
fund revenue for the preceding fiscal year;	7733

(b) A majority of the voting electors have not voted in favor	7734
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	7735
Chapter 5748. of the Revised Code that the auditor of state	7736
expects will raise enough additional revenue in the next	7737
succeeding fiscal year that division (A)(1)(a) of this section	7738
will not apply to the district in such next succeeding fiscal	7739
year.	7740

(2) The auditor of state shall declare a school district to	7741
be in a state of fiscal watch if the auditor of state determines	7742
that the school district has outstanding securities issued under	7743
division (A)(4) of section 3316.06 of the Revised Code, and its	7744
financial planning and supervision commission has been terminated	7745
under section 3316.16 of the Revised Code.	7746

(3) The auditor of state shall declare a school district to	7747
be in a state of fiscal watch if both of the following conditions	7748
are satisfied:	7749

(a) The superintendent of public instruction has reported to	7750
the auditor of state that the superintendent has declared the	7751
district under section 3316.031 of the Revised Code to be under a	7752
fiscal caution, has found that the district has not acted	7753
reasonably to eliminate or correct practices or conditions that	7754
prompted the declaration, and has determined the declaration of a	7755
state of fiscal watch necessary to prevent further fiscal decline;	7756

(b) The auditor of state determines that the decision of the	7757
superintendent is reasonable.	7758

If the auditor of state determines that the decision of the	7759
superintendent is not reasonable, the auditor of state shall	7760
provide the superintendent with a written explanation of that	7761
determination.	7762

(4) The auditor of state may declare a school district to be	7763
in a state of fiscal watch if all of the following conditions are	7764
satisfied:	7765

(a) An operating deficit has been certified for the current	7766
fiscal year by the auditor of state, and the certified operating	7767
deficit exceeds two per cent, but does not exceed eight per cent,	7768
of the school district's general fund revenue for the preceding	7769
fiscal year;	7770

(b) A majority of the voting electors have not voted in favor	7771
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	7772
Chapter 5748. of the Revised Code that the auditor of state	7773
expects will raise enough additional revenue in the next	7774
succeeding fiscal year that division (A)(4)(a) of this section	7775
will not apply to the district in the next succeeding fiscal year;	7776

(c) The auditor of state determines that there is no	7777
reasonable cause for the deficit or that the declaration of fiscal	7778
watch is necessary to prevent further fiscal decline in the	7779
district.	7780

(B)(1) The auditor of state shall issue an order declaring a	7781
school district to be in a state of fiscal emergency if the	7782
auditor of state determines that both of the following conditions	7783
are satisfied with respect to the school district:	7784

(a) An operating deficit has been certified for the current	7785
fiscal year by the auditor of state, and the certified operating	7786
deficit exceeds fifteen per cent of the school district's general	7787
fund revenue for the preceding fiscal year. In determining the	7788
amount of an operating deficit under division (B)(1)(a) of this	7789
section, the auditor of state shall credit toward the amount of	7790
that deficit only the amount that may be borrowed from the	7791
spending reserve balance as determined under section 133.301 and	7792
division (F) of section 5705.29 of the Revised Code.	7793

(b) A majority of the voting electors have not voted in favor	7794
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	7795
Chapter 5748. of the Revised Code that the auditor of state	7796
expects will raise enough additional revenue in the next	7797
succeeding fiscal year that division (B)(1)(a) of this section	7798
will not apply to the district in such next succeeding fiscal	7799
year.	7800

(2) The auditor of state shall issue an order declaring a	7801
school district to be in a state of fiscal emergency if the school	7802
district board fails, pursuant to section 3316.04 of the Revised	7803
Code, to submit a plan acceptable to the state superintendent of	7804
public instruction within one hundred twenty days of the auditor	7805
of state's declaration under division (A) of this section or an	7806
updated plan when one is required by division (C) of section	7807
3316.04 of the Revised Code;	7808

(3) The auditor of state shall issue an order declaring a	7809
school district to be in a state of fiscal emergency if both of	7810
the following conditions are satisfied:	7811

(a) The superintendent of public instruction has reported to	7812
the auditor of state that the district is not materially complying	7813
with the provisions of an original or updated plan as approved by	7814
the state superintendent under section 3316.04 of the Revised	7815
Code, and that the state superintendent has determined the	7816
declaration of a state of fiscal emergency necessary to prevent	7817
further fiscal decline;	7818

(b) The auditor of state finds that the determination of the	7819
superintendent is reasonable.	7820

If the auditor of state determines that the decision of the	7821
superintendent is not reasonable, the auditor of state shall	7822
provide the superintendent a written explanation of that	7823
determination.	7824

(4) The auditor of state shall issue an order declaring a	7825
school district to be in a state of fiscal emergency if a	7826
declaration of fiscal emergency is required by division (D) of	7827
section 3316.04 of the Revised Code.	7828

(5) The auditor of state may issue an order declaring a	7829
school district to be in a state of fiscal emergency if all of the	7830
following conditions are satisfied:	7831

(a) An operating deficit has been certified for the current	7832
fiscal year by the auditor of state, and the certified operating	7833
deficit exceeds ten per cent, but does not exceed fifteen per	7834
cent, of the school district's general fund revenue for the	7835
preceding fiscal year;	7836

(b) A majority of the voting electors have not voted in favor	7837
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	7838
Chapter 5748. of the Revised Code that the auditor of state	7839
expects will raise enough additional revenue in the next	7840
succeeding fiscal year that division (B)(5)(a) of this section	7841
will not apply to the district in the next succeeding fiscal year;	7842

(c) The auditor of state determines that a declaration of	7843
fiscal emergency is necessary to correct the district's fiscal	7844
problems and to prevent further fiscal decline.	7845

(C) In making the determinations under this section, the	7846
auditor of state may use financial reports required under section	7847
117.43 of the Revised Code; tax budgets, certificates of estimated	7848
resources and amendments thereof, annual appropriating measures	7849
and spending plans, and any other documents or information	7850
prepared pursuant to Chapter 5705. of the Revised Code; and any	7851
other documents, records, or information available to the auditor	7852
of state that indicate the conditions described in divisions (A)	7853
and (B) of this section.	7854

(D) The auditor of state shall certify the action taken under	7855
division (A) or (B) of this section to the board of education of	7856
the school district, the director of budget and management, the	7857
mayor or county auditor who could be required to act pursuant to	7858
division (B)(1) of section 3316.05 of the Revised Code, and to the	7859
superintendent of public instruction.	7860

(E) A determination by the auditor of state under this	7861
section that a fiscal emergency condition does not exist is final	7862
and conclusive and not appealable. A determination by the auditor	7863
of state under this section that a fiscal emergency exists is	7864
final, except that the board of education of the school district	7865
affected by such a determination may appeal the determination of	7866
the existence of a fiscal emergency condition to the court of	7867
appeals having territorial jurisdiction over the school district.	7868
The appeal shall be heard expeditiously by the court of appeals	7869
and for good cause shown shall take precedence over all other	7870
civil matters except earlier matters of the same character. Notice	7871
of such appeal must be filed with the auditor of state and such	7872
court within thirty days after certification by the auditor of	7873
state to the board of education of the school district provided	7874
for in division (D) of this section. In such appeal,	7875
determinations of the auditor of state shall be presumed to be	7876
valid and the board of education shall have the burden of proving,	7877
by clear and convincing evidence, that each of the determinations	7878
made by the auditor of state as to the existence of a fiscal	7879
emergency condition under this section was in error. If the board	7880
of education fails, upon presentation of its case, to prove by	7881
clear and convincing evidence that each such determination by the	7882
auditor of state was in error, the court shall dismiss the appeal.	7883
The board of education and the auditor of state may introduce any	7884
evidence relevant to the existence or nonexistence of such fiscal	7885
emergency conditions. The pendency of any such appeal shall not	7886
affect or impede the operations of this chapter; no restraining	7887
order, temporary injunction, or other similar restraint upon	7888
actions consistent with this chapter shall be imposed by the court	7889
or any court pending determination of such appeal; and all things	7890
may be done under this chapter that may be done regardless of the	7891
pendency of any such appeal. Any action taken or contract	7892
executed pursuant to this chapter during the pendency of such	7893
appeal is valid and enforceable among all parties, notwithstanding	7894
the decision in such appeal. If the court of appeals reverses the	7895
determination of the existence of a fiscal emergency condition by	7896
the auditor of state, the determination no longer has any effect,	7897
and any procedures undertaken as a result of the determination	7898
shall be terminated.	7899

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	7900
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	7901
subject to the approval of the superintendent of public	7902
instruction, a school district that is in a state of fiscal watch	7903
declared under section 3316.03 of the Revised Code may restructure	7904
or refinance loans obtained or in the process of being obtained	7905
under section 3313.483 of the Revised Code if all of the following	7906
requirements are met:	7907

(1) The operating deficit certified for the school district	7908
for the current or preceding fiscal year under section 3313.483 of	7909
the Revised Code exceeds fifteen per cent of the district's	7910
general revenue fund for the fiscal year preceding the year for	7911
which the certification of the operating deficit is made.	7912

(2) The school district voters have, during the period of the	7913
fiscal watch, approved the levy of a tax under section 718.09,	7914
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	7915
not a renewal or replacement levy, or a levy under section	7916
5705.199 of the Revised Code, and that will provide new operating	7917
revenue.	7918

(3) The board of education of the school district has adopted	7919
or amended the financial plan required by section 3316.04 of the	7920
Revised Code to reflect the restructured or refinanced loans, and	7921
sets forth the means by which the district will bring projected	7922
operating revenues and expenditures, and projected debt service	7923
obligations, into balance for the life of any such loan.	7924

(B) Subject to the approval of the superintendent of public	7925
instruction, the school district may issue securities to evidence	7926
the restructuring or refinancing authorized by this section. Such	7927
securities may extend the original period for repayment not to	7928
exceed ten years, and may alter the frequency and amount of	7929
repayments, interest or other financing charges, and other terms	7930
or agreements under which the loans were originally contracted,	7931
provided the loans received under sections 3313.483 of the Revised	7932
Code are repaid from funds the district would otherwise receive	7933
under sections 3317.022 to 3317.025 of the Revised Code, as	7934
required under division (E)(3) of section 3313.483 of the Revised	7935
Code. Securities issued for the purpose of restructuring or	7936
refinancing under this section shall be repaid in equal payments	7937
and at equal intervals over the term of the debt and are not	7938
eligible to be included in any subsequent proposal to restructure	7939
or refinance.	7940

(C) Unless the district is declared to be in a state of	7941
fiscal emergency under division (D) of section 3316.04 of the	7942
Revised Code, a school district shall remain in a state of fiscal	7943
watch for the duration of the repayment period of any loan	7944
restructured or refinanced under this section.	7945

Sec. 3316.06. (A) Within one hundred twenty days after the	7946
first meeting of a school district financial planning and	7947
supervision commission, the commission shall adopt a financial	7948
recovery plan regarding the school district for which the	7949
commission was created. During the formulation of the plan, the	7950
commission shall seek appropriate input from the school district	7951
board and from the community. This plan shall contain the	7952
following:	7953

(1) Actions to be taken to:

7954

(a) Eliminate all fiscal emergency conditions declared to	7955
exist pursuant to division (B) of section 3316.03 of the Revised	7956
Code;	7957

(b) Satisfy any judgments, past-due accounts payable, and all	7958
past-due and payable payroll and fringe benefits;	7959

(c) Eliminate the deficits in all deficit funds, except that	7960
any prior year deficits in the textbook and instructional	7961
materials fund established pursuant to section 3315.17 of the	7962
Revised Code and the capital and maintenance fund established	7963
pursuant to section 3315.18 of the Revised Code shall be forgiven;	7964

(d) Restore to special funds any moneys from such funds that	7965
were used for purposes not within the purposes of such funds, or	7966
borrowed from such funds by the purchase of debt obligations of	7967
the school district with the moneys of such funds, or missing from	7968
the special funds and not accounted for, if any;	7969

(e) Balance the budget, avoid future deficits in any funds,	7970
and maintain on a current basis payments of payroll, fringe	7971
benefits, and all accounts;	7972

(f) Avoid any fiscal emergency condition in the future;

7973

(g) Restore the ability of the school district to market	7974
long-term general obligation bonds under provisions of law	7975
applicable to school districts generally.	7976

(2) The management structure that will enable the school	7977
district to take the actions enumerated in division (A)(1) of this	7978
section. The plan shall specify the level of fiscal and management	7979
control that the commission will exercise within the school	7980
district during the period of fiscal emergency, and shall	7981
enumerate respectively, the powers and duties of the commission	7982
and the powers and duties of the school board during that period.	7983
The commission may elect to assume any of the powers and duties of	7984
the school board it considers necessary, including all powers	7985
related to personnel, curriculum, and legal issues in order to	7986
successfully implement the actions described in division (A)(1) of	7987
this section.	7988

(3) The target dates for the commencement, progress upon, and	7989
completion of the actions enumerated in division (A)(1) of this	7990
section and a reasonable period of time expected to be required to	7991
implement the plan. The commission shall prepare a reasonable time	7992
schedule for progress toward and achievement of the requirements	7993
for the plan, and the plan shall be consistent with that time	7994
schedule.	7995

(4) The amount and purpose of any issue of debt obligations	7996
that will be issued, together with assurances that any such debt	7997
obligations that will be issued will not exceed debt limits	7998
supported by appropriate certifications by the fiscal officer of	7999
the school district and the county auditor. Debt obligations	8000
issued pursuant to section 133.301 of the Revised Code shall	8001
include assurances that such debt shall be in an amount not to	8002
exceed the amount certified under division (B) of such section. If	8003
the commission considers it necessary in order to maintain or	8004
improve educational opportunities of pupils in the school	8005
district, the plan may include a proposal to restructure or	8006
refinance outstanding debt obligations incurred by the board under	8007
section 3313.483 of the Revised Code contingent upon the approval,	8008
during the period of the fiscal emergency, by district voters of a	8009
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	8010
5748.02, or 5748.08 of the Revised Code, that is not a renewal or	8011
replacement levy, or a levy under section 5705.199 of the Revised	8012
Code, and that will provide new operating revenue. Notwithstanding	8013
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	8014
the Revised Code, following the required approval of the district	8015
voters and with the approval of the commission, the school	8016
district may issue securities to evidence the restructuring or	8017
refinancing. Those securities may extend the original period for	8018
repayment, not to exceed ten years, and may alter the frequency	8019
and amount of repayments, interest or other financing charges, and	8020
other terms of agreements under which the debt originally was	8021
contracted, at the discretion of the commission, provided that any	8022
loans received pursuant to section 3313.483 of the Revised Code	8023
shall be paid from funds the district would otherwise receive	8024
under sections 3317.022 to 3317.025 of the Revised Code, as	8025
required under division (E)(3) of section 3313.483 of the Revised	8026
Code. The securities issued for the purpose of restructuring or	8027
refinancing the debt shall be repaid in equal payments and at	8028
equal intervals over the term of the debt and are not eligible to	8029
be included in any subsequent proposal for the purpose of	8030
restructuring or refinancing debt under this section.	8031

(B) Any financial recovery plan may be amended subsequent to	8032
its adoption. Each financial recovery plan shall be updated	8033
annually.	8034

(C) Each school district financial planning and supervision	8035
commission shall submit the financial recovery plan it adopts or	8036
updates under this section to the state superintendent of public	8037
instruction for approval immediately following its adoption or	8038
updating. The state superintendent shall evaluate the plan and	8039
either approve or disapprove it within thirty calendar days from	8040
the date of its submission. If the plan is disapproved, the state	8041
superintendent shall recommend modifications that will render it	8042
acceptable. No financial planning and supervision commission shall	8043
implement a financial recovery plan that is adopted or updated on	8044
or after April 10, 2001, unless the state superintendent has	8045
approved it.	8046

Sec. 3316.08. During a school district's fiscal emergency	8047
period, the auditor of state shall determine annually, or at any	8048
other time upon request of the financial planning and supervision	8049
commission, whether the school district will incur an operating	8050
deficit. If the auditor of state determines that a school district	8051
will incur an operating deficit, the auditor of state shall	8052
certify that determination to the superintendent of public	8053
instruction, the financial planning and supervision commission,	8054
and the board of education of the school district. Upon receiving	8055
the auditor of state's certification, the commission shall adopt a	8056
resolution requesting that the board of education work with the	8057
county auditor or tax commissioner to estimate the amount and rate	8058
of a tax levy that is needed under section 5705.194, 5709.199, or	8059
5705.21 or Chapter 5748. of the Revised Code to produce a positive	8060
fund balance not later than the fifth year of the five-year	8061
forecast submitted under section 5705.391 of the Revised Code.	8062

The board of education shall recommend to the commission	8063
whether the board supports or opposes a tax levy under section	8064
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	8065
Code and shall provide supporting documentation to the commission	8066
of its recommendation.	8067

After considering the board of education's recommendation and	8068
supporting documentation, the commission shall adopt a resolution	8069
to either submit a ballot question proposing a tax levy or not to	8070
submit such a question.	8071

Except as otherwise provided in this division, the tax shall	8072
be levied in the manner prescribed for a tax levied under section	8073
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	8074
Revised Code. If the commission decides that a tax should be	8075
levied, the tax shall be levied for the purpose of paying current	8076
operating expenses of the school district. The rate of a tax	8077
levied under section 5705.194, 5709.199, or 5705.21 of the Revised	8078
Code shall be determined by the county auditor, and the rate of a	8079
tax levied under section 5748.02 or 5748.08 of the Revised Code	8080
shall be determined by the tax commissioner, upon the request of	8081
the commission. The commission, in consultation with the board of	8082
education, shall determine the election at which the question of	8083
the tax shall appear on the ballot, and the commission shall	8084
submit a copy of its resolution to the board of elections not	8085
later than seventy-five days prior to the day of that election.	8086
The board of elections conducting the election shall certify the	8087
results of the election to the board of education and to the	8088
financial planning and supervision commission.	8089

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	8090
Revised Code, the amounts required to be paid to a district under	8091
this chapter shall be adjusted by the amount of the computations	8092
made under divisions (B) to ~~(P)~~(O) of this section.	8093

As used in this section:

8094

(1) "Classroom teacher" means a licensed employee who	8095
provides direct instruction to pupils, excluding teachers funded	8096
from money paid to the district from federal sources; educational	8097
service personnel; and vocational and special education teachers.	8098

(2) "Educational service personnel" shall not include such	8099
specialists funded from money paid to the district from federal	8100
sources or assigned full-time to vocational or special education	8101
students and classes and may only include those persons employed	8102
in the eight specialist areas in a pattern approved by the	8103
department of education under guidelines established by the state	8104
board of education.	8105

(3) "Annual salary" means the annual base salary stated in	8106
the state minimum salary schedule for the performance of the	8107
teacher's regular teaching duties that the teacher earns for	8108
services rendered for the first full week of October of the fiscal	8109
year for which the adjustment is made under division (C) of this	8110
section. It shall not include any salary payments for supplemental	8111
teachers contracts.	8112

(4) "Regular student population" means the formula ADM plus	8113
the number of students reported as enrolled in the district	8114
pursuant to division (A)(1) of section 3313.981 of the Revised	8115
Code; minus the number of students reported under division (A)(2)	8116
of section 3317.03 of the Revised Code; minus the FTE of students	8117
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	8118
of that section who are enrolled in a vocational education class	8119
or receiving special education; and minus twenty per cent of the	8120
students enrolled concurrently in a joint vocational school	8121
district.	8122

(5) "State share percentage" has the same meaning as in	8123
section 3317.022 of the Revised Code.	8124

(6) "VEPD" means a school district or group of school	8125
districts designated by the department of education as being	8126
responsible for the planning for and provision of vocational	8127
education services to students within the district or group.	8128

(7) "Lead district" means a school district, including a	8129
joint vocational school district, designated by the department as	8130
a VEPD, or designated to provide primary vocational education	8131
leadership within a VEPD composed of a group of districts.	8132

(B) If the district employs less than one full-time	8133
equivalent classroom teacher for each twenty-five pupils in the	8134
regular student population in any school district, deduct the sum	8135
of the amounts obtained from the following computations:	8136

(1) Divide the number of the district's full-time equivalent	8137
classroom teachers employed by one twenty-fifth;	8138

(2) Subtract the quotient in (1) from the district's regular	8139
student population;	8140

(3) Multiply the difference in (2) by seven hundred fifty-two	8141
dollars.	8142

(C) If a positive amount, add one-half of the amount obtained	8143
by multiplying the number of full-time equivalent classroom	8144
teachers by:	8145

(1) The mean annual salary of all full-time equivalent	8146
classroom teachers employed by the district at their respective	8147
training and experience levels minus;	8148

(2) The mean annual salary of all such teachers at their	8149
respective levels in all school districts receiving payments under	8150
this section.	8151

The number of full-time equivalent classroom teachers used in	8152
this computation shall not exceed one twenty-fifth of the	8153
district's regular student population. In calculating the	8154
district's mean salary under this division, those full-time	8155
equivalent classroom teachers with the highest training level	8156
shall be counted first, those with the next highest training level	8157
second, and so on, in descending order. Within the respective	8158
training levels, teachers with the highest years of service shall	8159
be counted first, the next highest years of service second, and so	8160
on, in descending order.	8161

(D) This division does not apply to a school district that	8162
has entered into an agreement under division (A) of section	8163
3313.42 of the Revised Code. Deduct the amount obtained from the	8164
following computations if the district employs fewer than five	8165
full-time equivalent educational service personnel, including	8166
elementary school art, music, and physical education teachers,	8167
counselors, librarians, visiting teachers, school social workers,	8168
and school nurses for each one thousand pupils in the regular	8169
student population:	8170

(1) Divide the number of full-time equivalent educational	8171
service personnel employed by the district by five	8172
one-thousandths;	8173

(2) Subtract the quotient in (1) from the district's regular	8174
student population;	8175

(3) Multiply the difference in (2) by ninety-four dollars.

8176

(E) If a local school district, or a city or exempted village	8177
school district to which a governing board of an educational	8178
service center provides services pursuant to section 3313.843 of	8179
the Revised Code, deduct the amount of the payment required for	8180
the reimbursement of the governing board under section 3317.11 of	8181
the Revised Code.	8182

(F)(1) If the district is required to pay to or entitled to	8183
receive tuition from another school district under division (C)(2)	8184
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	8185
or if the superintendent of public instruction is required to	8186
determine the correct amount of tuition and make a deduction or	8187
credit under section 3317.08 of the Revised Code, deduct and	8188
credit such amounts as provided in division (J) of section 3313.64	8189
or section 3317.08 of the Revised Code.	8190

(2) For each child for whom the district is responsible for	8191
tuition or payment under division (A)(1) of section 3317.082 or	8192
section 3323.091 of the Revised Code, deduct the amount of tuition	8193
or payment for which the district is responsible.	8194

(G) If the district has been certified by the superintendent	8195
of public instruction under section 3313.90 of the Revised Code as	8196
not in compliance with the requirements of that section, deduct an	8197
amount equal to ten per cent of the amount computed for the	8198
district under section 3317.022 of the Revised Code.	8199

(H) If the district has received a loan from a commercial	8200
lending institution for which payments are made by the	8201
superintendent of public instruction pursuant to division (E)(3)	8202
of section 3313.483 of the Revised Code, deduct an amount equal to	8203
such payments.	8204

(I)(1) If the district is a party to an agreement entered	8205
into under division (D), (E), or (F) of section 3311.06 or	8206
division (B) of section 3311.24 of the Revised Code and is	8207
obligated to make payments to another district under such an	8208
agreement, deduct an amount equal to such payments if the district	8209
school board notifies the department in writing that it wishes to	8210
have such payments deducted.	8211

(2) If the district is entitled to receive payments from	8212
another district that has notified the department to deduct such	8213
payments under division (I)(1) of this section, add the amount of	8214
such payments.	8215

(J) If the district is required to pay an amount of funds to	8216
a cooperative education district pursuant to a provision described	8217
by division (B)(4) of section 3311.52 or division (B)(8) of	8218
section 3311.521 of the Revised Code, deduct such amounts as	8219
provided under that provision and credit those amounts to the	8220
cooperative education district for payment to the district under	8221
division (B)(1) of section 3317.19 of the Revised Code.	8222

(K)(1) If a district is educating a student entitled to	8223
attend school in another district pursuant to a shared education	8224
contract, compact, or cooperative education agreement other than	8225
an agreement entered into pursuant to section 3313.842 of the	8226
Revised Code, credit to that educating district on an FTE basis	8227
both of the following:	8228

(a) An amount equal to the sum of the formula amount plus	8229
the per pupil amount of the base funding supplements specified in	8230
divisions (C)(1) to (4) of section 3317.012 of the Revised Code.	8231

(b) An amount equal to the current formula amount times the	8232
state share percentage times any multiple applicable to the	8233
student pursuant to section 3317.013 or 3317.014 of the Revised	8234
Code.	8235

(2) Deduct any amount credited pursuant to division (K)(1) of	8236
this section from amounts paid to the school district in which the	8237
student is entitled to attend school pursuant to section 3313.64	8238
or 3313.65 of the Revised Code.	8239

(3) If the district is required by a shared education	8240
contract, compact, or cooperative education agreement to make	8241
payments to an educational service center, deduct the amounts from	8242
payments to the district and add them to the amounts paid to the	8243
service center pursuant to section 3317.11 of the Revised Code.	8244

(L)(1) If a district, including a joint vocational school	8245
district, is a lead district of a VEPD, credit to that district	8246
the amounts calculated for all the school districts within that	8247
VEPD pursuant to division (E)(2) of section 3317.022 of the	8248
Revised Code.	8249

(2) Deduct from each appropriate district that is not a lead	8250
district, the amount attributable to that district that is	8251
credited to a lead district under division (L)(1) of this section.	8252

(M) If the department pays a joint vocational school district	8253
under division (G)(4) of section 3317.16 of the Revised Code for	8254
excess costs of providing special education and related services	8255
to a student with a disability, as calculated under division	8256
(G)(2) of that section, the department shall deduct the amount of	8257
that payment from the city, local, or exempted village school	8258
district that is responsible as specified in that section for the	8259
excess costs.	8260

(N)(1) If the district reports an amount of excess cost for	8261
special education services for a child under division (C) of	8262
section 3323.14 of the Revised Code, the department shall pay that	8263
amount to the district.	8264

(2) If the district reports an amount of excess cost for	8265
special education services for a child under division (C) of	8266
section 3323.14 of the Revised Code, the department shall deduct	8267
that amount from the district of residence of that child.	8268

(O) If the department of job and family services presents to	8269
the department of education a payment request through an	8270
intrastate transfer voucher for the nonfederal share of	8271
reimbursements made to a school district for medicaid services	8272
provided by the district, the department of education shall pay	8273
the amount of that request to the department of job and family	8274
services and shall deduct the amount of that payment from the	8275
district.	8276

~~(P) If the department is required to pay an amount under~~	8277
~~section 3353.25 of the Revised Code to a school district~~	8278
~~delivering a course included in the clearinghouse established~~	8279
~~under section 3353.21 of the Revised Code for a student enrolled~~	8280
~~in a school district, the department shall deduct that amount~~	8281
~~from the school district in which the student is enrolled.~~	8282

Sec. 3317.11. (A) As used in this section:

8283

(1) "Client school district" means a city or exempted village	8284
school district that has entered into an agreement under section	8285
3313.843 of the Revised Code to receive any services from an	8286
educational service center.	8287

(2) "Service center ADM" means the sum of the total student	8288
counts of all local school districts within an educational service	8289
center's territory and all of the service center's client school	8290
districts.	8291

(3) "STEM school" means a science, technology, engineering,	8292
and mathematics school established under Chapter 3326. of the	8293
Revised Code.	8294

(4) "Total student count" has the same meaning as in section	8295
3301.011 of the Revised Code.	8296

(B)(1) The governing board of each educational service center	8297
shall provide supervisory services to each local school district	8298
within the service center's territory. Each city or exempted	8299
village school district that enters into an agreement under	8300
section 3313.843 of the Revised Code for a governing board to	8301
provide any services also is considered to be provided supervisory	8302
services by the governing board. Except as provided in division	8303
(B)(2) of this section, the supervisory services shall not exceed	8304
one supervisory teacher for the first fifty classroom teachers	8305
required to be employed in the districts, as calculated under	8306
section 3317.023 of the Revised Code, and one for each additional	8307
one hundred required classroom teachers, as so calculated.	8308

The supervisory services shall be financed annually through	8309
supervisory units. Except as provided in division (B)(2) of this	8310
section, the number of supervisory units assigned to each district	8311
shall not exceed one unit for the first fifty classroom teachers	8312
required to be employed in the district, as calculated under	8313
section 3317.023 of the Revised Code, and one for each additional	8314
one hundred required classroom teachers, as so calculated. The	8315
cost of each supervisory unit shall be the sum of:	8316

(a) The minimum salary prescribed by section 3317.13 of the	8317
Revised Code for the licensed supervisory employee of the	8318
governing board;	8319

(b) An amount equal to fifteen per cent of the salary	8320
prescribed by section 3317.13 of the Revised Code;	8321

(c) An allowance for necessary travel expenses, limited to	8322
the lesser of two hundred twenty-three dollars and sixteen cents	8323
per month or two thousand six hundred seventy-eight dollars per	8324
year.	8325

(2) If a majority of the boards of education, or	8326
superintendents acting on behalf of the boards, of the local and	8327
client school districts receiving services from the educational	8328
service center agree to receive additional supervisory services	8329
and to pay the cost of a corresponding number of supervisory units	8330
in excess of the services and units specified in division (B)(1)	8331
of this section, the service center shall provide the additional	8332
services as agreed to by the majority of districts to, and the	8333
department of education shall apportion the cost of the	8334
corresponding number of additional supervisory units pursuant to	8335
division (B)(3) of this section among, all of the service center's	8336
local and client school districts.	8337

(3) The department shall apportion the total cost for all	8338
supervisory units among the service center's local and client	8339
school districts based on each district's total student count. The	8340
department shall deduct each district's apportioned share pursuant	8341
to division (E) of section 3317.023 of the Revised Code and pay	8342
the apportioned share to the service center.	8343

(C) The department annually shall deduct from each local and	8344
client school district of each educational service center,	8345
pursuant to division (E) of section 3317.023 of the Revised Code,	8346
and pay to the service center an amount equal to six dollars and	8347
fifty cents times the school district's total student count. The	8348
board of education, or the superintendent acting on behalf of the	8349
board, of any local or client school district may agree to pay an	8350
amount in excess of six dollars and fifty cents per student in	8351
total student count. If a majority of the boards of education, or	8352
superintendents acting on behalf of the boards, of the local	8353
school districts within a service center's territory approve an	8354
amount in excess of six dollars and fifty cents per student in	8355
total student count, the department shall deduct the approved	8356
excess per student amount from all of the local school districts	8357
within the service center's territory and pay the excess amount to	8358
the service center.	8359

(D) The department shall pay each educational service center	8360
the amounts due to it from school districts pursuant to contracts,	8361
compacts, or agreements under which the service center furnishes	8362
services to the districts or their students. In order to receive	8363
payment under this division, an educational service center shall	8364
furnish either a copy of the contract, compact, or agreement	8365
clearly indicating the amounts of the payments, or a written	8366
statement that clearly indicates the payments owed and is signed	8367
by the superintendent or treasurer of the responsible school	8368
district. The amounts paid to service centers under this division	8369
shall be deducted from payments to school districts pursuant to	8370
division (K)(3) of section 3317.023 of the Revised Code.	8371

(E) Each school district's deduction under this section and	8372
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	8373
shall be made from the total payment computed for the district	8374
under this chapter, after making any other adjustments in that	8375
payment required by law.	8376

(F)(1) Except as provided in division (F)(2) of this section,	8377
the department annually shall pay the governing board of each	8378
educational service center state funds equal to thirty-seven	8379
dollars times its service center ADM.	8380

(2) The department annually shall pay state funds equal to	8381
forty dollars and fifty-two cents times the service center ADM to	8382
each educational service center comprising territory that was	8383
included in the territory of at least three former service centers	8384
or county school districts, which former centers or districts	8385
engaged in one or more mergers under section 3311.053 of the	8386
Revised Code to form the present center.	8387

(G) Each city, exempted village, local, joint vocational, or	8388
cooperative education school district shall pay to the governing	8389
board of an educational service center any amounts agreed to for	8390
each child enrolled in the district who receives special education	8391
and related services or career-technical education from the	8392
educational service center, unless these educational services are	8393
provided pursuant to a contract, compact, or agreement for which	8394
the department deducts and transfers payments under division (D)	8395
of this section and division (K)(3) of section 3317.023 of the	8396
Revised Code.	8397

(H) The department annually shall pay the governing board of	8398
each educational service center that has entered into a contract	8399
with a STEM school for the provision of services described in	8400
division (B) of section 3326.45 of the Revised Code state funds	8401
equal to the per-pupil amount specified in the contract for the	8402
provision of those services times the number of students enrolled	8403
in the STEM school.	8404

(I) An educational service center:

8405

(1) May provide special education and career-technical	8406
education to students in its local or client school districts;	8407

(2) Is eligible for transportation funding under division (G)	8408
of section 3317.024 of the Revised Code and for state subsidies	8409
for the purchase of school buses under section 3317.07 of the	8410
Revised Code;	8411

(3) May apply for and receive gifted education units and	8412
provide gifted education services to students in its local or	8413
client school districts;	8414

(4) May conduct driver education for high school students in	8415
accordance with Chapter 4508. of the Revised Code.	8416

Sec. 3317.20. This section does not apply to preschool	8417
children with disabilities.	8418

(A) As used in this section:

8419

(1) "Applicable weight" means the multiple specified in	8420
section 3317.013 of the Revised Code for a disability described in	8421
that section.	8422

(2) "Child's school district" means the school district in	8423
which a child is entitled to attend school pursuant to section	8424
3313.64 or 3313.65 of the Revised Code.	8425

(3) "State share percentage" means the state share percentage	8426
of the child's school district as defined in section 3317.022 of	8427
the Revised Code.	8428

(B) Except as provided in division (C) of this section, the	8429
department shall annually pay each county MR/DD board for each	8430
child with a disability, other than a preschool child with a	8431
disability, for whom the county MR/DD board provides special	8432
education and related services an amount equal to the formula	8433
amount + (state share percentage X formula amount X the	8434
applicable weight).	8435

(C) If any school district places with a county MR/DD board	8436
more children with disabilities than it had placed with a county	8437
MR/DD board in fiscal year 1998, the department shall not make a	8438
payment under division (B) of this section for the number of	8439
children exceeding the number placed in fiscal year 1998. The	8440
department instead shall deduct from the district's payments	8441
under this chapter, and pay to the county MR/DD board, an amount	8442
calculated in accordance with the formula prescribed in division	8443
(B) of this section for each child over the number of children	8444
placed in fiscal year 1998.	8445

(D) The department shall calculate for each county MR/DD	8446
board receiving payments under divisions (B) and (C) of this	8447
section the following amounts:	8448

(1) The amount received by the county MR/DD board for	8449
approved special education and related services units, other than	8450
units for preschool children with disabilities, in fiscal year	8451
1998, divided by the total number of children served in the units	8452
that year;	8453

(2) The product of the quotient calculated under division	8454
(D)(1) of this section times the number of children for whom	8455
payments are made under divisions (B) and (C) of this section.	8456

If the amount calculated under division (D)(2) of this	8457
section is greater than the total amount calculated under	8458
divisions (B) and (C) of this section, the department shall pay	8459
the county MR/DD board one hundred per cent of the difference in	8460
addition to the payments under divisions (B) and (C) of this	8461
section.	8462

(E) Each county MR/DD board shall report to the department,	8463
in the manner specified by the department, the name of each child	8464
for whom the county MR/DD board provides special education and	8465
related services and the child's school district.	8466

(F)(1) For the purpose of verifying the accuracy of the	8467
payments under this section, the department may request from	8468
either of the following entities the data verification code	8469
assigned under division (D)(2) of section 3301.0714 of the Revised	8470
Code to any child who is placed with a county MR/DD board:	8471

(a) The child's school district;

8472

(b) The independent contractor engaged to create and maintain	8473
data verification codes.	8474

(2) Upon a request by the department under division (F)(1) of	8475
this section for the data verification code of a child, the	8476
child's school district shall submit that code to the department	8477
in the manner specified by the department. If the child has not	8478
been assigned a code, the district shall assign a code to that	8479
child and submit the code to the department by a date specified by	8480
the department. If the district does not assign a code to the	8481
child by the specified date, the department shall assign a code to	8482
the child.	8483

The department annually shall submit to each school district	8484
the name and data verification code of each child residing in the	8485
district for whom the department has assigned a code under this	8486
division.	8487

(3) The department shall not release any data verification	8488
code that it receives under division (F) of this section to any	8489
person except as provided by law.	8490

(G) Any document relative to special education and related	8491
services provided by a county MR/DD board that the department	8492
holds in its files that contains both a student's name or other	8493
personally identifiable information and the student's data	8494
verification code shall not be a public record under section	8495
149.43 of the Revised Code.	8496

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	8497
Revised Code:	8498

(A) "Ohio school facilities commission" means the commission	8499
created pursuant to section 3318.30 of the Revised Code.	8500

(B) "Classroom facilities" means rooms in which pupils	8501
regularly assemble in public school buildings to receive	8502
instruction and education and such facilities and building	8503
improvements for the operation and use of such rooms as may be	8504
needed in order to provide a complete educational program, and may	8505
include space within which a child care facility or a community	8506
resource center is housed. "Classroom facilities" includes any	8507
space necessary for the operation of a vocational education	8508
program for secondary students in any school district that	8509
operates such a program.	8510

(C) "Project" means a project to construct or acquire	8511
classroom facilities, or to reconstruct or make additions to	8512
existing classroom facilities, to be used for housing the	8513
applicable school district and its functions.	8514

For a district that opts to divide its entire classroom	8515
facilities needs into segments to be completed separately, as	8516
authorized by section 3318.034 of the Revised Code, "project"	8517
means a segment.	8518

(D) "School district" means a local, exempted village, or	8519
city school district as such districts are defined in Chapter	8520
3311. of the Revised Code, acting as an agency of state	8521
government, performing essential governmental functions of state	8522
government pursuant to sections 3318.01 to 3318.20 of the Revised	8523
Code.	8524

For purposes of assistance provided under sections 3318.40 to	8525
3318.45 of the Revised Code, the term "school district" as used in	8526
this section and in divisions (A), (C), and (D) of section 3318.03	8527
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	8528
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	8529
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	8530
Code means a joint vocational school district established pursuant	8531
to section 3311.18 of the Revised Code.	8532

(E) "School district board" means the board of education of a	8533
school district.	8534

(F) "Net bonded indebtedness" means the difference between	8535
the sum of the par value of all outstanding and unpaid bonds and	8536
notes which a school district board is obligated to pay and any	8537
amounts the school district is obligated to pay under	8538
lease-purchase agreements entered into under section 3313.375 of	8539
the Revised Code, and the amount held in the sinking fund and	8540
other indebtedness retirement funds for their redemption. Notes	8541
issued for school buses in accordance with section 3327.08 of the	8542
Revised Code, notes issued in anticipation of the collection of	8543
current revenues, and bonds issued to pay final judgments shall	8544
not be considered in calculating the net bonded indebtedness.	8545

"Net bonded indebtedness" does not include indebtedness	8546
arising from the acquisition of land to provide a site for	8547
classroom facilities constructed, acquired, or added to pursuant	8548
to sections 3318.01 to 3318.20 of the Revised Code or the par	8549
value of bonds that have been authorized by the electors and the	8550
proceeds of which will be used by the district to provide any part	8551
of its portion of the basic project cost.	8552

(G) "Board of elections" means the board of elections of the	8553
county containing the most populous portion of the school	8554
district.	8555

(H) "County auditor" means the auditor of the county in which	8556
the greatest value of taxable property of such school district is	8557
located.	8558

(I) "Tax duplicates" means the general tax lists and	8559
duplicates prescribed by sections 319.28 and 319.29 of the Revised	8560
Code.	8561

(J) "Required level of indebtedness" means:

8562

(1) In the case of school districts in the first percentile,	8563
five per cent of the district's valuation for the year preceding	8564
the year in which the controlling board approved the project under	8565
section 3318.04 of the Revised Code.	8566

(2) In the case of school districts ranked in a subsequent	8567
percentile, five per cent of the district's valuation for the year	8568
preceding the year in which the controlling board approved the	8569
project under section 3318.04 of the Revised Code, plus [two	8570
one-hundredths of one per cent multiplied by (the percentile in	8571
which the district ranks for the fiscal year preceding the fiscal	8572
year in which the controlling board approved the district's	8573
project minus one)].	8574

(K) "Required percentage of the basic project costs" means	8575
one per cent of the basic project costs times the percentile in	8576
which the school district ranks for the fiscal year preceding the	8577
fiscal year in which the controlling board approved the district's	8578
project.	8579

(L) "Basic project cost" means a cost amount determined in	8580
accordance with rules adopted under section 111.15 of the Revised	8581
Code by the Ohio school facilities commission. The basic project	8582
cost calculation shall take into consideration the square footage	8583
and cost per square foot necessary for the grade levels to be	8584
housed in the classroom facilities, the variation across the state	8585
in construction and related costs, the cost of the installation of	8586
site utilities and site preparation, the cost of demolition of all	8587
or part of any existing classroom facilities that are abandoned	8588
under the project, the cost of insuring the project until it is	8589
completed, any contingency reserve amount prescribed by the	8590
commission under section 3318.086 of the Revised Code, and the	8591
professional planning, administration, and design fees that a	8592
school district may have to pay to undertake a classroom	8593
facilities project.	8594

For a joint vocational school district that receives	8595
assistance under sections 3318.40 to 3318.45 of the Revised Code,	8596
the basic project cost calculation for a project under those	8597
sections shall also take into account the types of laboratory	8598
spaces and program square footages needed for the vocational	8599
education programs for high school students offered by the school	8600
district.	8601

For a district that opts to divide its entire classroom	8602
facilities needs into segments, each segment to be completed as a	8603
separate project, as authorized by section 3318.034 of the Revised	8604
Code, "basic project cost" means the cost determined in accordance	8605
with this division of a segment.	8606

(M)(1) Except for a joint vocational school district that	8607
receives assistance under sections 3318.40 to 3318.45 of the	8608
Revised Code, a "school district's portion of the basic project	8609
cost" means the amount determined under section 3318.032 of the	8610
Revised Code.	8611

(2) For a joint vocational school district that receives	8612
assistance under sections 3318.40 to 3318.45 of the Revised Code,	8613
a "school district's portion of the basic project cost" means the	8614
amount determined under division (C) of section 3318.42 of the	8615
Revised Code.	8616

(N) "Child care facility" means space within a classroom	8617
facility in which the needs of infants, toddlers, preschool	8618
children, and school children are provided for by persons other	8619
than the parent or guardian of such children for any part of the	8620
day, including persons not employed by the school district	8621
operating such classroom facility.	8622

(O) "Community resource center" means space within a	8623
classroom facility in which comprehensive services that support	8624
the needs of families and children are provided by community-based	8625
social service providers.	8626

(P) "Valuation" means the total value of all property in the	8627
school district as listed and assessed for taxation on the tax	8628
duplicates.	8629

(Q) "Percentile" means the percentile in which the school	8630
district is ranked pursuant to section 3318.011 of the Revised	8631
Code.	8632

(R) "Installation of site utilities" means the installation	8633
of a site domestic water system, site fire protection system, site	8634
gas distribution system, site sanitary system, site storm drainage	8635
system, and site telephone and data system.	8636

(S) "Site preparation" means the earthwork necessary for	8637
preparation of the building foundation system, the paved	8638
pedestrian and vehicular circulation system, playgrounds on the	8639
project site, and lawn and planting on the project site.	8640

Sec. 3318.03. (A) Before conducting an on-site evaluation of	8641
a school district under section 3318.02 of the Revised Code, at	8642
the request of the district board of education, the Ohio school	8643
facilities commission shall examine any classroom facilities needs	8644
assessment that has been conducted by the district and any master	8645
plan developed for meeting the facility needs of the district.	8646

(B) Upon conducting the on-site evaluation under section	8647
3318.02 of the Revised Code, the Ohio school facilities commission	8648
shall make a determination of all of the following:	8649

(1) The needs of the school district for additional classroom	8650
facilities;	8651

(2) The number of classroom facilities to be included in a	8652
project and the basic project cost of constructing, acquiring,	8653
reconstructing, or making additions to each such facility;	8654

(3) The amount of such cost that the school district can	8655
supply from available funds, by the issuance of bonds previously	8656
authorized by the electors of the school district the proceeds of	8657
which can lawfully be used for the project and by the issuance of	8658
bonds under section 3318.05 of the Revised Code;	8659

(4) The remaining amount of such cost that shall be supplied	8660
by the state;	8661

(5) The amount of the state's portion to be encumbered in	8662
accordance with section 3318.11 of the Revised Code in the current	8663
and subsequent fiscal years from funds appropriated for purposes	8664
of sections 3318.01 to 3318.20 of the Revised Code.	8665

For a district that opts to divide its entire classroom	8666
facilities needs into segments to be completed separately, as	8667
authorized by section 3318.034 of the Revised Code, the	8668
determinations made under divisions (B)(1) to (5) of this section	8669
apply only to the segment that currently is proceeding as a	8670
separate project in accordance with section 3318.034 of the	8671
Revised Code.	8672

(C) The commission shall make a determination in favor of	8673
constructing, acquiring, reconstructing, or making additions to a	8674
classroom facility only upon evidence that the proposed project	8675
conforms to sound educational practice, that it is in keeping with	8676
the orderly process of school district reorganization and	8677
consolidation, and that the actual or projected enrollment in each	8678
classroom facility proposed to be included in the project is at	8679
least three hundred fifty pupils. Exceptions shall be authorized	8680
only in those districts where topography, sparsity of population,	8681
and other factors make larger schools impracticable.	8682

If the school district board determines that an existing	8683
facility has historical value or for other good cause determines	8684
that an existing facility should be renovated in lieu of acquiring	8685
a comparable facility by new construction, the commission may	8686
approve the expenditure of project funds for the renovation of	8687
that facility up to but not exceeding one hundred per cent of the	8688
estimated cost of acquiring a comparable facility by new	8689
construction, as long as the commission determines that the	8690
facility when renovated can be operationally efficient, will be	8691
adequate for the future needs of the district, and will comply	8692
with the other provisions of this division.	8693

(D) Sections 125.81 and 153.04 of the Revised Code shall not	8694
apply to classroom facilities constructed under either sections	8695
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	8696
Code.	8697

Sec. 3318.032. (A) ~~The~~Except as otherwise provided in	8698
divisions (C) and (D) of this section, the portion of the basic	8699
project cost supplied by the school district shall be the greater	8700
of:	8701

(1) The required percentage of the basic project costs;

8702

(2) An(a) For all districts except a district that opts to	8703
divide its entire classroom facilities needs into segments to be	8704
completed separately as authorized by section 3318.034 of the	8705
Revised Code, an amount necessary to raise the school district's	8706
net bonded indebtedness, as of the date the controlling board	8707
approved the project, to within five thousand dollars of the	8708
required level of indebtedness.;	8709

(b) For a district that opts to divide its entire classroom	8710
facilities needs into segments to be completed separately as	8711
authorized by section 3318.034 of the Revised Code, an amount	8712
necessary to raise the school district's net bonded indebtedness,	8713
as of the date the controlling board approved the segment as a	8714
separate project, to within five thousand dollars of the	8715
following:	8716

The required level of indebtedness X (the basic	8717

project cost of the segment as approved as a separate	8718

project by the controlling board / the estimated basic	8719

project cost of the district's entire classroom facilities	8720

needs as determined jointly by the staff of the Ohio school	8721

facilities commission and the district)	8722

(B) The amount of the district's share determined under this	8723
section shall be calculated only as of the date the controlling	8724
board approved the project, and that amount applies throughout the	8725
one-year period permitted under section 3318.05 of the Revised	8726
Code for the district's electors to approve the propositions	8727
described in that section. If the amount reserved and encumbered	8728
for a project is released because the electors do not approve	8729
those propositions within that year, and the school district later	8730
receives the controlling board's approval for the project, the	8731
district's portion shall be recalculated in accordance with this	8732
section as of the date of the controlling board's subsequent	8733
approval.	8734

(C) ~~Notwithstanding anything to the contrary in division (A)~~	8735
~~or (B) of this section, at~~At no time shall a school district's	8736
portion of the basic project cost be greater than ninety-five per	8737
cent of the total basic project cost.	8738

(D) If the controlling board approves a project under	8739
sections 3318.01 to 3318.20 of the Revised Code for a school	8740
district that previously received assistance under those sections	8741
or section 3318.37 of the Revised Code within the twenty-year	8742
period prior to the date on which the controlling board approves	8743
the new project, the district's portion of the basic project cost	8744
for the new project shall be the lesser of the following:	8745

(1) The portion calculated under division (A) of this	8746
section;	8747

(2) The greater of the following:

8748

(a) The required percentage of the basic project costs for	8749
the new project;	8750

(b) The percentage of the basic project cost paid by the	8751
district for the previous project.	8752

Sec. 3318.033. (A) As used in this section:

8753

(1) "Formula ADM" has the same meaning as in section 3317.02	8754
of the Revised Code.	8755

(2) "Open enrollment net gain" has the same meaning as in	8756
section 3318.011 of the Revised Code.	8757

(B) This section applies to each school district that meets	8758
the following criteria:	8759

(1) The Ohio school facilities commission certified its	8760
conditional approval of the district's project under sections	8761
3318.01 to 3318.20 of the Revised Code after July 1, 2006, and	8762
prior to September 29, 2007, and the project had not been	8763
completed as of September 29, 2007.	8764

(2) Within one year after the date of the commission's	8765
certification of its conditional approval, the district's electors	8766
approved a bond issue to pay the district's portion of the basic	8767
project cost or the district board of education complied with	8768
section 3318.052 of the Revised Code.	8769

(3) In the fiscal year prior to the fiscal year in which the	8770
district's project was conditionally approved, the district had an	8771
open enrollment net gain that was ten per cent or more of its	8772
formula ADM.	8773

(C) For each school district to which this section applies,	8774
the department of education shall recalculate the district's	8775
percentile ranking under section 3318.011 of the Revised Code for	8776
the fiscal year prior to the fiscal year in which the district's	8777
project was conditionally approved and shall report the	8778
recalculated percentile ranking to the commission. For this	8779
purpose, the department shall recalculate every school district's	8780
percentile ranking for that fiscal year using the district's	8781
"valuation per pupil" as that term is defined in section 3318.011	8782
of the Revised Code on and after September 29, 2007.	8783

(D) For each school district to which this section applies,	8784
the commission shall use the recalculated percentile ranking	8785
reported under division (C) of this section to determine the	8786
district's portion of the basic project cost under section	8787
3318.032 of the Revised Code. The commission shall not use the	8788
recalculated percentile ranking for any other purpose, and the	8789
recalculated ranking shall not affect any other district's portion	8790
of the basic project cost under section 3318.032 of the Revised	8791
Code or any district's eligibility for assistance under sections	8792
3318.01 to 3318.20 of the Revised Code. The commission shall	8793
revise the agreement entered into under section 3318.08 of the	8794
Revised Code to reflect the district's new portion of the basic	8795
project cost as determined under this division.	8796

Sec. 3318.034. (A) This section applies to any school	8797
district that is offered assistance under sections 3318.01 to	8798
3318.20 of the Revised Code on or after the effective date of this	8799
section.	8800

Notwithstanding any provision of this chapter to the	8801
contrary, with the approval of the Ohio school facilities	8802
commission, any school district to which this section applies may	8803
opt to divide the district's entire classroom facilities needs, as	8804
those needs are jointly determined by the staff of the commission	8805
and the school district, into discrete segments and may proceed	8806
with each segment sequentially as a separate project under those	8807
sections. That project shall comply with all of the provisions of	8808
those sections unless otherwise provided in this section.	8809

(B) Each segment shall comply with all of the following:

8810

(1) The segment shall consist of the new construction of one	8811
or more entire buildings or the complete renovation of one or more	8812
entire existing buildings, with any necessary additions to that	8813
building.	8814

(2) The segment shall not include any construction of or	8815
renovation or repair to any building that does not complete the	8816
needs of the district with respect to that particular building at	8817
the time the segment is completed.	8818

(3) The segment shall consist of new construction,	8819
renovations, additions, reconstruction, or repair of classroom	8820
facilities to the extent that the school district portion, as	8821
determined under section 3318.032 of the Revised Code, is an	8822
amount not less than the amount that likely would be generated	8823
from a property tax of three mills times the district's valuation	8824
for twenty-three years, unless the district previously has	8825
undertaken a segment as a separate project under this section and	8826
the district's portion of the estimated basic project cost of the	8827
remainder of its entire classroom facilities needs, as determined	8828
jointly by the staff of the commission and the district, is less	8829
than the amount otherwise required by this division.	8830

(C) The commission shall conditionally approve and seek	8831
controlling board approval in accordance with division (A) of	8832
section 3318.04 of the Revised Code of each segment, at the time	8833
it is proposed, as a separate project. Approval by the voting	8834
members of the commission or the controlling board of the	8835
district's entire classroom facilities needs, as determined	8836
jointly by the staff of the commission and district, shall not be	8837
required. If the commission conditionally approves and the	8838
controlling board approves the segment as a separate project, the	8839
district board accepts that approval pursuant to section 3318.05	8840
of the Revised Code, and the district electors approve any bond	8841
issuance and taxes necessary to pay the district's portion of the	8842
basic project cost or the district board otherwise raises	8843
sufficient funds, as authorized by this chapter, to pay the	8844
district's portion of the basic project cost, the commission	8845
shall enter into an agreement with the district board under	8846
section 3318.08 of the Revised Code for the segment as a separate	8847
project. That agreement shall include an acknowledgment that the	8848
project covered by the agreement is only one segment of the	8849
district's entire classroom facilities needs, as determined	8850
jointly by the staff of the commission and the district, and that	8851
the district may proceed with future segments under this section	8852
at a later time, as prescribed in division (D) of this section.	8853
The commission and the district board shall enter into a separate	8854
agreement under section 3318.08 of the Revised Code for each	8855
segment.	8856

(D) A school district that undertakes a segment of its entire	8857
classroom facilities needs, as determined jointly by the staff of	8858
the commission and the district, as a separate project may	8859
undertake a subsequent segment as another separate project at any	8860
time, as long as the current percentile of the district is	8861
eligible for assistance under section 3318.02 of the Revised Code.	8862

(E) The school district portion of the basic project cost of	8863
each segment undertaken as a separate project under this section	8864
shall be determined under section 3318.032 of the Revised Code	8865
using the district's current percentile.	8866

(F) The school district's maintenance levy requirement, as	8867
defined in section 3318.18 of the Revised Code, shall run for	8868
twenty-three years from the date the first segment is undertaken.	8869

Sec. 3318.04. (A) If the Ohio school facilities commission	8870
makes a determination under section 3318.03 of the Revised Code in	8871
favor of constructing, acquiring, reconstructing, or making	8872
additions to a classroom facility, the project shall be	8873
conditionally approved. Such conditional approval shall be	8874
submitted to the controlling board for approval thereof. The	8875
controlling board shall forthwith approve or reject the	8876
commission's determination, conditional approval, the amount of	8877
the state's portion of the basic project cost, and, the amount of	8878
the state's portion to be encumbered in the current fiscal year.	8879
In the event of approval thereof by the controlling board, the	8880
commission shall certify such conditional approval to the school	8881
district board and shall encumber from the total funds	8882
appropriated for the purpose of sections 3318.01 to 3318.20 of the	8883
Revised Code the amount approved under this section to be	8884
encumbered in the current fiscal year.	8885

The basic project cost for a project approved under this	8886
section shall not exceed the cost that would otherwise have to be	8887
incurred if the classroom facilities to be constructed, acquired,	8888
or reconstructed, or the additions to be made to classroom	8889
facilities, under such project meet, but do not exceed, the	8890
specifications for plans and materials for classroom facilities	8891
adopted by the commission.	8892

(B)(1) No school district shall have a project conditionally	8893
approved pursuant to this section if the school district has	8894
already received any assistance for a project funded under any	8895
version of sections 3318.01 to 3318.20 of the Revised Code, and	8896
the prior project was one for which the electors of such district	8897
approved a levy within the last twenty years pursuant to any	8898
version of section 3318.06 of the Revised Code for purposes of	8899
qualifying for the funding of that project, unless the district	8900
demonstrates to the satisfaction of the commission that the	8901
district has experienced since approval of its prior project an	8902
exceptional increase in enrollment significantly above the	8903
district's design capacity under that prior project as determined	8904
by rule of the commission.	8905

(2) Notwithstanding division (B)(1) of this section, any	8906
school district that received assistance under sections 3318.01 to	8907
3318.20 of the Revised Code, as those sections existed prior to	8908
May 20, 1997, may receive additional assistance under those	8909
sections, as they exist on and after May 20, 1997, prior to the	8910
expiration of the period of time required under division (B)(1) of	8911
this section, if the percentile in which the school district is	8912
located, as determined under section 3318.011 of the Revised Code,	8913
is eligible for assistance as prescribed in section 3318.02 of the	8914
Revised Code.	8915

The commission may provide assistance under sections 3318.01	8916
to 3318.20 of the Revised Code pursuant to this division to no	8917
more than five school districts per fiscal year until all eligible	8918
school districts have received the additional assistance	8919
authorized under this division. The commission shall establish	8920
application procedures, deadlines, and priorities for funding	8921
projects under this division.	8922

The commission at its discretion may waive current design	8923
specifications it has adopted for projects under sections 3318.01	8924
to 3318.20 of the Revised Code when assessing an application for	8925
additional assistance under this division for the renovation of	8926
classroom facilities constructed or renovated under a school	8927
district's previous project. If the commission finds that a	8928
school district's existing classroom facilities are adequate to	8929
meet all of the school district's needs, the commission may	8930
determine that no additional state assistance be awarded to a	8931
school district under this division.	8932

In order for a school district to be eligible to receive any	8933
additional assistance under this division, the school district	8934
electors shall extend the school district's existing levy	8935
dedicated for maintenance of classroom facilities under Chapter	8936
3318. of the Revised Code, pursuant to section 3318.061 of the	8937
Revised Code or shall provide equivalent alternative maintenance	8938
funds as specified in division (A)(2) of section 3318.06 of the	8939
Revised Code.	8940

(3) Notwithstanding division (B)(1) of this section, any	8941
school district that has received assistance under sections	8942
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	8943
receive additional assistance if the commission decides in favor	8944
of providing such assistance pursuant to section 3318.042 of the	8945
Revised Code.	8946

(4) Notwithstanding division (B)(1) of this section, any	8947
school district that has opted to divide its entire classroom	8948
facilities needs into segments to be completed separately, as	8949
authorized by section 3318.034 of the Revised Code, and that has	8950
received assistance under sections 3318.01 to 3318.20 of the	8951
Revised Code for one of those segments may receive assistance	8952
under those sections for a subsequent segment. Assistance for any	8953
subsequent segment shall not include any additional work on a	8954
building included in a prior segment unless the district	8955
demonstrates to the satisfaction of the commission that the	8956
district has experienced since the completion of the prior segment	8957
an exceptional increase in enrollment in the grade levels housed	8958
in that building.	8959

Sec. 3323.30. ~~The Ohio center for autism and low incidence~~	8960
~~is hereby established within the department of education's office~~	8961
~~for exceptional children, or any successor of that office. The~~	8962
~~center shall administer programs and coordinate services for~~	8963
~~infants, preschool and school-age children, and adults with autism~~	8964
~~and low incidence disabilities. The center's principal focus shall~~	8965
~~be programs and services for persons with autism. The center shall~~	8966
~~be under the direction of an executive director, appointed by the~~	8967
~~superintendent of public instruction in consultation with the~~	8968
~~advisory board established under section 3323.31 of the Revised~~	8969
~~Code. The department shall use state and federal funds~~	8970
~~appropriated to the department for operation of the center.~~	8971

As used in ~~this section and in~~ sections 3323.31 to ~~3323.33~~	8972
3323.35 of the Revised Code, "autism and low incidence	8973
disabilities" includes any of the following:	8974

(A) Autism;

8975

(B) Hearing impairment;

8976

8977

(D) Orthopedic disability;

8978

(E) Other health impairment;

8979

(F) Traumatic brain injury;

8980

(G) Visual impairment.

8981

Sec. 3323.31. The Franklin county educational service center	8982
shall establish the Ohio Center for Autism and Low Incidence. The	8983
Center shall administer programs and coordinate services for	8984
infants, preschool and school-age children, and adults with autism	8985
and low incidence disabilities. The Center's principal focus shall	8986
be programs and services for persons with autism. The Center shall	8987
be under the direction of an executive director, appointed by the	8988
superintendent of the service center in consultation with the	8989
advisory board established under section 3323.33 of the Revised	8990
Code.	8991

In addition to its other duties, the Ohio Center for Autism	8992
and Low Incidence shall participate as a member of an interagency	8993
workgroup on autism, as it is established by the department of	8994
mental retardation and developmental disabilities and shall	8995
provide technical assistance and support to the department in the	8996
department's leadership role to develop and implement the	8997
initiatives identified by the workgroup.	8998

Sec. 3323.32. (A) The department of education shall contract	8999
with an entity to administer programs and coordinate services for	9000
infants, preschool and school-age children, and adults with	9001
autism and low incidence disabilities. The entity shall be	9002
selected by the superintendent of public instruction in	9003
consultation with the advisory board established under section	9004
3323.33 of the Revised Code.	9005

The contract with the entity selected shall include, but not	9006
be limited to, the following provisions:	9007

(1) A description of the programs to be administered and	9008
services to be provided or coordinated by the entity, which shall	9009
include at least the duties prescribed by sections 3323.34 and	9010
3323.35 of the Revised Code;	9011

(2) A description of the expected outcomes from the programs	9012
administered and services provided or coordinated by the entity;	9013

(3) A stipulation that the entity's performance is subject to	9014
evaluation by the department and renewal of the entity's contract	9015
is subject to the department's satisfaction with the entity's	9016
performance;	9017

(4) A description of the measures and milestones the	9018
department will use to determine whether the performance of the	9019
entity is satisfactory;	9020

(5) Any other provision the department determines is	9021
necessary to ensure the quality of services to individuals with	9022
autism and low incidence disabilities.	9023

(B) In selecting the entity under division (A) of this	9024
section, the superintendent and the advisory board shall give	9025
primary consideration to the Ohio Center for Autism and Low	9026
Incidence, established under section 3323.31 of the Revised Code,	9027
as long as the principal goals and mission of the Center, as	9028
determined by the superintendent and the advisory board, are	9029
consistent with the requirements of divisions (A)(1) to (5) of	9030
this section.	9031

~~Sec. 3323.31.~~ Sec. 3323.33. The superintendent of public	9032
instruction shall establish an advisory board to assist and	9033
advise the ~~department of education~~Franklin county educational	9034
service center in the operation of the Ohio ~~center for autism and~~	9035
~~low incidence~~Center for Autism and Low Incidence and the	9036
superintendent of public instruction in selecting an entity to	9037
administer programs and coordinate services for individuals with	9038
autism and low incidence disabilities as required by section	9039
3323.32 of the Revised Code and to provide technical assistance	9040
in the provision of such services. As determined by the	9041
superintendent, the advisory board shall consist of individuals	9042
who are stakeholders in the service to persons with autism and	9043
low incidence disabilities, including, but not limited to, the	9044
following:	9045

(A) Persons with autism and low incidence disabilities;

9046

(B) Parents and family members;

9047

9048

(D) Higher education instructors;

9049

(E) Representatives of state agencies.

9050

The advisory board shall be organized as determined by the	9051
superintendent.	9052

Members of the advisory board shall receive no compensation	9053
for their services.	9054

~~Sec. 3323.32.~~ Sec. 3323.34. The ~~Ohio center for autism and low~~	9055
~~incidence~~entity selected under section 3323.32 of the Revised	9056
Code shall do all of the following:	9057

(A) Collaborate and consult with state agencies that serve	9058
persons with autism and low incidence disabilities;	9059

(B) Collaborate and consult with institutions of higher	9060
education in development and implementation of courses for	9061
educators and other professionals serving persons with autism and	9062
low incidence disabilities;	9063

9064

(D) Create and implement programs for professional	9065
development, technical assistance, intervention services, and	9066
research in the treatment of persons with autism and low incidence	9067
disabilities;	9068

(E) Create a regional network for communication and	9069
dissemination of information among educators and professionals	9070
serving persons with autism and low incidence disabilities. The	9071
regional network shall address educational services, evaluation,	9072
diagnosis, assistive technology, family support, leisure and	9073
recreational activities, transition, employment and adult	9074
services, and medical care for persons with autism and low	9075
incidence disabilities.	9076

(F) Develop a statewide clearinghouse for information about	9077
autism spectrum disorders and low incidence disabilities, as	9078
described in section ~~3323.33~~3323.35 of the Revised Code.	9079

~~Sec. 3323.33.~~ Sec. 3323.35. In developing a clearinghouse for	9080
information about autism spectrum disorders and low incidence	9081
disabilities, as required under section ~~3323.32~~3323.34 of the	9082
Revised Code, the ~~Ohio center for autism and low incidence~~entity	9083
selected under section 3323.32 of the Revised Code shall do all	9084
of the following:	9085

(A) Maintain a collection of resources for public	9086
distribution;	9087

(B) Monitor information on resources, trends, policies,	9088
services, and current educational interventions;	9089

(C) Respond to requests for information from parents and	9090
educators of children with autism and low incidence disabilities.	9091

Sec. 3323.36. (A) As used in this section, "preschool	9092
children" means children who are at least three years of age but	9093
are not of compulsory school age, as defined in section 3321.01 of	9094
the Revised Code, and are not currently enrolled in kindergarten.	9095

(B) The executive director of the Ohio center for autism and	9096
low incidence, working in consultation with the director of mental	9097
retardation and developmental disabilities, shall establish the	9098
autism preschool program under which grants are to be provided to	9099
one or more entities for the purpose of assisting the entities	9100
operate programs to improve the lives of preschool children who	9101
have a primary diagnosis of autism by doing all of the following:	9102

(1) Establishing a preschool model that incorporates elements	9103
common to effective intervention programs and evidence-based	9104
practices in autism and that may be used by other entities;	9105

(2) Designing a template for individualized education plans	9106
that provides for consistent intervention programs and	9107
evidence-based practices for the care and treatment of children	9108
with autism;	9109

(3) Creating best practices guidelines to be disseminated to	9110
the families of preschool children with a primary diagnosis of	9111
autism and professionals who work in the field of autism;	9112

(4) Developing a transition planning model for effectively	9113
mainstreaming children with a primary diagnosis of autism to their	9114
public school district after the children attain five years of age	9115
in a manner that reduces the amount of services the children need	9116
to be mainstreamed;	9117

(5) Contributing to the field of early intervention programs	9118
for autism through scholarly research and publication of clinical	9119
findings.	9120

(C) An entity must meet all of the following requirements to	9121
be eligible for a grant under the autism preschool program:	9122

(1) Be a nonprofit organization that is exempt from federal	9123
income taxation pursuant to 26 U.S.C. 501(a) and (c)(3);	9124

(2) Have experience providing services to children and adults	9125
with mental retardation or a developmental disability, including	9126
autism;	9127

(3) Work in collaboration with universities and healthcare	9128
organizations that have expertise in autism and related	9129
disabilities to design and implement services for preschool	9130
children with a primary diagnosis of autism;	9131

(4) Provide at least the following services as ancillary	9132
services to preschool children with a primary diagnosis of autism:	9133

(a) Physical therapy;

9134

(b) Occupational therapy;

9135

9136

(d) Assistive technology.

9137

Sec. 3326.45. (A) The governing body of a science,	9138
technology, engineering, and mathematics school may contract with	9139
the governing board of an educational service center or the board	9140
of education of a joint vocational school district for the	9141
provision of services to the STEM school or to any student	9142
enrolled in the school. Services provided under the contract and	9143
the amount to be paid for those services shall be mutually agreed	9144
to by the parties to the contract, and shall be specified in the	9145
contract.	9146

(B) A contract entered into under this section may require an	9147
educational service center to provide any one or a combination of	9148
the following services to a STEM school:	9149

(1) Supervisory teachers;

9150

(2) In-service and continuing education programs for	9151
personnel of the STEM school;	9152

(3) Curriculum services as provided to the local school	9153
districts under the supervision of the service center;	9154

(4) Research and development programs;

9155

(5) Academic instruction for which the service center	9156
governing board employs teachers;	9157

(6) Assistance in the provision of special accommodations and	9158
classes for students with disabilities.	9159

Services described in division (B) of this section shall be	9160
provided to the STEM school in the same manner they are provided	9161
to local school districts under the service center's supervision,	9162
unless otherwise specified in the contract. The contract shall	9163
specify whether the service center will receive a per-pupil	9164
payment from the department of education for the provision of	9165
these services and, if so, the amount of the per-pupil payment,	9166
which shall not exceed the per-pupil amount paid to the service	9167
center under division (F) of section 3317.11 of the Revised Code	9168
for each student in the service center ADM.	9169

(C) For each contract entered into under this section, the	9170
department shall deduct the amount owed by the STEM school from	9171
the state funds due to the STEM school under this chapter and	9172
shall pay that amount to the educational service center or joint	9173
vocational school district that is party to the contract. In the	9174
case of a contract with an educational service center that	9175
specifies per-pupil payments for the provision of services	9176
described in division (B) of this section, the department also	9177
shall pay the service center the amount calculated under division	9178
(H) of section 3317.11 of the Revised Code.	9179

(D) No contract entered into under this section shall be	9180
valid unless a copy is filed with the department by the first day	9181
of the school year for which the contract is in effect.	9182

Sec. 3333.04. The chancellor of the Ohio board of regents	9183
shall:	9184

(A) Make studies of state policy in the field of higher	9185
education and formulate a master plan for higher education for the	9186
state, considering the needs of the people, the needs of the	9187
state, and the role of individual public and private institutions	9188
within the state in fulfilling these needs;	9189

(B)(1) Report annually to the governor and the general	9190
assembly on the findings from the chancellor's studies and the	9191
master plan for higher education for the state;	9192

(2) Report at least semiannually to the general assembly and	9193
the governor the enrollment numbers at each state-assisted	9194
institution of higher education.	9195

(C) Approve or disapprove the establishment of new branches	9196
or academic centers of state colleges and universities;	9197

(D) Approve or disapprove the establishment of state	9198
technical colleges or any other state institution of higher	9199
education;	9200

(E) Recommend the nature of the programs, undergraduate,	9201
graduate, professional, state-financed research, and public	9202
services which should be offered by the state colleges,	9203
universities, and other state-assisted institutions of higher	9204
education in order to utilize to the best advantage their	9205
facilities and personnel;	9206

(F) Recommend to the state colleges, universities, and other	9207
state-assisted institutions of higher education graduate or	9208
professional programs, including, but not limited to, doctor of	9209
philosophy, doctor of education, and juris doctor programs, that	9210
could be eliminated because they constitute unnecessary	9211
duplication, as shall be determined using the process developed	9212
pursuant to this division, or for other good and sufficient cause.	9213
Prior to recommending a program for elimination, the chancellor	9214
shall request the board of regents to hold at least one public	9215
hearing on the matter and advise the chancellor on whether the	9216
program should be recommended for elimination. The board shall	9217
provide notice of each hearing within a reasonable amount of time	9218
prior to its scheduled date. Following the hearing, the board	9219
shall issue a recommendation to the chancellor. The chancellor	9220
shall consider the board's recommendation but shall not be	9221
required to accept it.	9222

For purposes of determining the amounts of any state	9223
instructional subsidies paid to state colleges, universities, and	9224
other state-assisted institutions of higher education, the	9225
chancellor may exclude students enrolled in any program that the	9226
chancellor has recommended for elimination pursuant to this	9227
division except that the chancellor shall not exclude any such	9228
student who enrolled in the program prior to the date on which the	9229
chancellor initially commences to exclude students under this	9230
division.	9231

The chancellor and state colleges, universities, and other	9232
state-assisted institutions of higher education shall jointly	9233
develop a process for determining which existing graduate or	9234
professional programs constitute unnecessary duplication.	9235

(G) Recommend to the state colleges, universities, and other	9236
state-assisted institutions of higher education programs which	9237
should be added to their present programs;	9238

(H) Conduct studies for the state colleges, universities, and	9239
other state-assisted institutions of higher education to assist	9240
them in making the best and most efficient use of their existing	9241
facilities and personnel;	9242

(I) Make recommendations to the governor and general assembly	9243
concerning the development of state-financed capital plans for	9244
higher education; the establishment of new state colleges,	9245
universities, and other state-assisted institutions of higher	9246
education; and the establishment of new programs at the existing	9247
state colleges, universities, and other institutions of higher	9248
education;	9249

(J) Review the appropriation requests of the public community	9250
colleges and the state colleges and universities and submit to the	9251
office of budget and management and to the chairpersons of the	9252
finance committees of the house of representatives and of the	9253
senate the chancellor's recommendations in regard to the biennial	9254
higher education appropriation for the state, including	9255
appropriations for the individual state colleges and universities	9256
and public community colleges. For the purpose of determining the	9257
amounts of instructional subsidies to be paid to state-assisted	9258
colleges and universities, the chancellor shall define "full-time	9259
equivalent student" by program per academic year. The definition	9260
may take into account the establishment of minimum enrollment	9261
levels in technical education programs below which support	9262
allowances will not be paid. Except as otherwise provided in this	9263
section, the chancellor shall make no change in the definition of	9264
"full-time equivalent student" in effect on November 15, 1981,	9265
which would increase or decrease the number of subsidy-eligible	9266
full-time equivalent students, without first submitting a fiscal	9267
impact statement to the president of the senate, the speaker of	9268
the house of representatives, the legislative service commission,	9269
and the director of budget and management. The chancellor shall	9270
work in close cooperation with the director of budget and	9271
management in this respect and in all other matters concerning the	9272
expenditures of appropriated funds by state colleges,	9273
universities, and other institutions of higher education.	9274

(K) Seek the cooperation and advice of the officers and	9275
trustees of both public and private colleges, universities, and	9276
other institutions of higher education in the state in performing	9277
the chancellor's duties and making the chancellor's plans,	9278
studies, and recommendations;	9279

(L) Appoint advisory committees consisting of persons	9280
associated with public or private secondary schools, members of	9281
the state board of education, or personnel of the state department	9282
of education;	9283

(M) Appoint advisory committees consisting of college and	9284
university personnel, or other persons knowledgeable in the field	9285
of higher education, or both, in order to obtain their advice and	9286
assistance in defining and suggesting solutions for the problems	9287
and needs of higher education in this state;	9288

(N) Approve or disapprove all new degrees and new degree	9289
programs at all state colleges, universities, and other	9290
state-assisted institutions of higher education;	9291

(O) Adopt such rules as are necessary to carry out the	9292
chancellor's duties and responsibilities. The rules shall	9293
prescribe procedures for the chancellor to follow when taking	9294
actions associated with the chancellor's duties and	9295
responsibilities and shall indicate which types of actions are	9296
subject to those procedures. The procedures adopted under this	9297
division shall be in addition to any other procedures prescribed	9298
by law for such actions. However, if any other provision of the	9299
Revised Code or rule adopted by the chancellor prescribes	9300
different procedures for such an action, the procedures adopted	9301
under this division shall not apply to that action to the extent	9302
they conflict with the procedures otherwise prescribed by law. The	9303
procedures adopted under this division shall include at least the	9304
following:	9305

(1) Provision for public notice of the proposed action;

9306

(2) An opportunity for public comment on the proposed action,	9307
which may include a public hearing on the action by the board of	9308
regents;	9309

(3) Methods for parties that may be affected by the proposed	9310
action to submit comments during the public comment period;	9311

(4) Submission of recommendations from the board of regents	9312
regarding the proposed action, at the request of the chancellor;	9313

(5) Written publication of the final action taken by the	9314
chancellor and the chancellor's rationale for the action;	9315

(6) A timeline for the process described in divisions (O)(1)	9316
to (5) of this section.	9317

(P) Establish and submit to the governor and the general	9318
assembly a clear and measurable set of goals and timetables for	9319
their achievement for each program under the chancellor's	9320
supervision that is designed to accomplish any of the following:	9321

(1) Increased access to higher education;

9322

(2) Job training;

9323

(3) Adult literacy;

9324

(4) Research;

9325

(5) Excellence in higher education;

9326

(6) Reduction in the number of graduate programs within the	9327
same subject area.	9328

In July of each odd-numbered year, the chancellor shall	9329
submit to the governor and the general assembly a report on	9330
progress made toward these goals.	9331

(Q) Make recommendations to the governor and the general	9332
assembly regarding the design and funding of the student financial	9333
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	9334
3333.27, and 5910.02 of the Revised Code;	9335

(R) Participate in education-related state or federal	9336
programs on behalf of the state and assume responsibility for the	9337
administration of such programs in accordance with applicable	9338
state or federal law;	9339

(S) Adopt rules for student financial aid programs as	9340
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	9341
3333.28, and 5910.02 of the Revised Code, and perform any other	9342
administrative functions assigned to the chancellor by those	9343
sections;	9344

(T) ~~Administer contracts under sections 3702.74 and 3702.75~~	9345
~~of the Revised Code in accordance with rules adopted by the~~	9346
~~director of health under section 3702.79 of the Revised Code;~~	9347

~~(U)~~ Conduct enrollment audits of state-supported institutions	9348
of higher education;	9349

~~(V)~~(U) Appoint ~~consortiums~~consortia of college and	9350
university personnel to advise or participate in the development	9351
and operation of statewide collaborative efforts, including the	9352
Ohio supercomputer center, the Ohio academic resources network,	9353
OhioLink, and the Ohio learning network. For each consortium, the	9354
chancellor shall designate a college or university to serve as	9355
that consortium's fiscal agent, financial officer, and employer.	9356
Any funds appropriated for the ~~consortiums~~consortia shall be	9357
distributed to the fiscal agents for the operation of the	9358
~~consortiums~~consortia. A consortium shall follow the rules of the	9359
college or university that serves as its fiscal agent. The	9360
chancellor may restructure existing consortia, appointed under	9361
this division, in accordance with procedures adopted under	9362
divisions (D)(1) to (6) of this section.	9363

~~(W)~~(V) Adopt rules establishing advisory duties and	9364
responsibilities of the board of regents not otherwise prescribed	9365
by law;	9366

~~(X)~~(W) Respond to requests for information about higher	9367
education from members of the general assembly and direct staff to	9368
conduct research or analysis as needed for this purpose.	9369

Sec. 3333.044. (A) The chancellor of the Ohio board of	9370
regents may contract with any consultants that are necessary for	9371
the discharge of the chancellor's duties under this chapter.	9372

(B) The chancellor may purchase, upon the terms that the	9373
chancellor determines to be advisable, one or more policies of	9374
insurance from insurers authorized to do business in this state	9375
that insure consultants who have contracted with the chancellor	9376
under division (A) of this section or members of an advisory	9377
committee appointed under section 3333.04 of the Revised Code,	9378
with respect to the activities of the consultants or advisory	9379
committee members in the course of the performance of their	9380
responsibilities as consultants or advisory committee members.	9381

(C) Subject to the approval of the controlling board, the	9382
chancellor may contract with any entities for the discharge of the	9383
chancellor's duties and responsibilities under any of the programs	9384
established pursuant to sections 3333.12, 3333.122, 3333.21 to	9385
3333.28, ~~3702.71 to 3702.81,~~ and 5120.55, and Chapter 5910. of the	9386
Revised Code. The chancellor shall not enter into a contract under	9387
this division unless the proposed contractor demonstrates that its	9388
primary purpose is to promote access to higher education by	9389
providing student financial assistance through loans, grants, or	9390
scholarships, and by providing high quality support services and	9391
information to students and their families with regard to such	9392
financial assistance.	9393

Chapter 125. of the Revised Code does not apply to contracts	9394
entered into pursuant to this section. In awarding contracts under	9395
this division, the chancellor shall consider factors such as the	9396
cost of the administration of the contract, the experience of the	9397
contractor, and the contractor's ability to properly execute the	9398
contract.	9399

Sec. 3333.122. (A) As used in this section:

9400

(1) "Eligible student" means a student who is:

9401

(a) An Ohio resident who first enrolls in an undergraduate	9402
program in the 2006-2007 academic year or thereafter;	9403

(b) If the student first enrolled in an undergraduate	9404
program in the 2006-2007 or, 2007-2008, or 2008-2009 academic	9405
year, the student is enrolled in ~~either~~one of the following:	9406

(i) An accredited institution of higher education in this	9407
state that meets the requirements of Title VI of the Civil Rights	9408
Act of 1964 and is state-assisted, is nonprofit and has a	9409
certificate of authorization pursuant to Chapter 1713. of the	9410
Revised Code, has a certificate of registration from the state	9411
board of career colleges and schools and program authorization to	9412
award an associate or bachelor's degree, or is a private	9413
institution exempt from regulation under Chapter 3332. of the	9414
Revised Code as prescribed in section 3333.046 of the Revised	9415
Code. Students who attend an institution that holds a certificate	9416
of registration shall be enrolled in a program leading to an	9417
associate or bachelor's degree for which associate or bachelor's	9418
degree program the institution has program authorization issued	9419
under section 3332.05 of the Revised Code.	9420

(ii) A technical education program of at least two years	9421
duration sponsored by a private institution of higher education in	9422
this state that meets the requirements of Title VI of the Civil	9423
Rights Act of 1964;	9424

(iii) A nursing diploma program approved by the board of	9425
nursing under division (A)(5) of section 4723.06 of the Revised	9426
Code and that meets the requirements of Title VI of the Civil	9427
Rights Act of 1964.	9428

(c) If the student first enrolled in an undergraduate program	9429
after the ~~2007-2008~~2008-2009 academic year, the student is	9430
enrolled in ~~either~~one of the following:	9431

(i) An accredited institution of higher education in this	9432
state that meets the requirements of Title VI of the Civil Rights	9433
Act of 1964 and is state-assisted, is nonprofit and has a	9434
certificate of authorization pursuant to Chapter 1713. of the	9435
Revised Code, or is a private institution exempt from regulation	9436
under Chapter 3332. of the Revised Code as prescribed in section	9437
3333.046 of the Revised Code;	9438

(ii) An education program of at least two years duration	9439
sponsored by a private institution of higher education in this	9440
state that meets the requirements of Title VI of the Civil Rights	9441
Act of 1964 and has a certificate of authorization pursuant to	9442
Chapter 1713. of the Revised Code;	9443

(iii) A nursing diploma program approved by the board of	9444
nursing under division (A)(5) of section 4723.06 of the Revised	9445
Code and that meets the requirements of Title VI of the Civil	9446
Rights Act of 1964.	9447

(2) A student who participated in either the early college	9448
high school program administered by the department of education or	9449
in the post-secondary enrollment options program pursuant to	9450
Chapter 3365. of the Revised Code before the 2006-2007 academic	9451
year shall not be excluded from eligibility for a needs-based	9452
financial aid grant under this section.	9453

(3) "Resident," "expected family contribution" or "EFC,"	9454
"full-time student," "three-quarters-time student," "half-time	9455
student," "one-quarter-time student," and "accredited" shall be	9456
defined by rules adopted by the chancellor of the Ohio board of	9457
regents.	9458

(B) The chancellor shall establish and administer a	9459
needs-based financial aid program based on the United States	9460
department of education's method of determining financial need and	9461
may adopt rules to carry out this section. The program shall be	9462
known as the Ohio college opportunity grant program. The general	9463
assembly shall support the needs-based financial aid program by	9464
such sums and in such manner as it may provide, but the chancellor	9465
may also receive funds from other sources to support the program.	9466
If the amounts available for support of the program are inadequate	9467
to provide grants to all eligible students, preference in the	9468
payment of grants shall be given in terms of expected family	9469
contribution, beginning with the lowest expected family	9470
contribution category and proceeding upward by category to the	9471
highest expected family contribution category.	9472

A needs-based financial aid grant shall be paid to an	9473
eligible student through the institution in which the student is	9474
enrolled, except that no needs-based financial aid grant shall be	9475
paid to any person serving a term of imprisonment. Applications	9476
for such grants shall be made as prescribed by the chancellor, and	9477
such applications may be made in conjunction with and upon the	9478
basis of information provided in conjunction with student	9479
assistance programs funded by agencies of the United States	9480
government or from financial resources of the institution of	9481
higher education. The institution shall certify that the student	9482
applicant meets the requirements set forth in divisions (A)(1)(a)	9483
and (b) of this section. Needs-based financial aid grants shall be	9484
provided to an eligible student only as long as the student is	9485
making appropriate progress toward a nursing diploma or an	9486
associate or bachelor's degree. No student shall be eligible to	9487
receive a grant for more than ten semesters, fifteen quarters, or	9488
the equivalent of five academic years. A grant made to an eligible	9489
student on the basis of less than full-time enrollment shall be	9490
based on the number of credit hours for which the student is	9491
enrolled and shall be computed in accordance with a formula	9492
adopted by the chancellor. No student shall receive more than one	9493
grant on the basis of less than full-time enrollment.	9494

A needs-based financial aid grant shall not exceed the total	9495
instructional and general charges of the institution.	9496

(C) The tables in this division prescribe the maximum grant	9497
amounts covering two semesters, three quarters, or a comparable	9498
portion of one academic year. Grant amounts for additional terms	9499
in the same academic year shall be determined under division (D)	9500
of this section.	9501

As used in the tables in division (C) of this section:

9502

(1) "Private institution" means an institution that is	9503
nonprofit and has a certificate of authorization pursuant to	9504
Chapter 1713. of the Revised Code.	9505

(2) "Career college" means either an institution that holds a	9506
certificate of registration from the state board of career	9507
colleges and schools or a private institution exempt from	9508
regulation under Chapter 3332. of the Revised Code as prescribed	9509
in section 3333.046 of the Revised Code.	9510

Full-time students shall be eligible to receive awards	9511
according to the following table:	9512

Full-Time Enrollment	9513

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:	9514
$2,101	$2,190	$300	$600	$480	9515
2,001	2,100	402	798	642	9516
1,901	2,000	498	1,002	798	9517
1,801	1,900	600	1,200	960	9518
1,701	1,800	702	1,398	1,122	9519
1,601	1,700	798	1,602	1,278	9520
1,501	1,600	900	1,800	1,440	9521
1,401	1,500	1,002	1,998	1,602	9522
1,301	1,400	1,098	2,202	1,758	9523
1,201	1,300	1,200	2,400	1,920	9524
1,101	1,200	1,302	2,598	2,082	9525
1,001	1,100	1,398	2,802	2,238	9526
901	1,000	1,500	3,000	2,400	9527
801	900	1,602	3,198	2,562	9528
701	800	1,698	3,402	2,718	9529
601	700	1,800	3,600	2,280	9530
501	600	1,902	3,798	3,042	9531
401	500	1,998	4,002	3,198	9532
301	400	2,100	4,200	3,360	9533
201	300	2,202	4,398	3,522	9534
101	200	2,298	4,602	3,678	9535
1	100	2,400	4,800	3,840	9536
0	0	2,496	4,992	3,996	9537

Three-quarters-time students shall be eligible to receive	9538
awards according to the following table:	9539

Three-Quarters-Time Enrollment	9540

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:	9541
$2,101	$2,190	$228	$450	$360	9542
2,001	2,100	300	600	480	9543
1,901	2,000	372	750	600	9544
1,801	1,900	450	900	720	9545
1,701	1,800	528	1,050	840	9546
1,601	1,700	600	1,200	960	9547
1,501	1,600	678	1,350	1,080	9548
1,401	1,500	750	1,500	1,200	9549
1,301	1,400	822	1,650	1,320	9550
1,201	1,300	900	1,800	1,440	9551
1,101	1,200	978	1,950	1,560	9552
1,001	1,100	1,050	2,100	1,680	9553
901	1,000	1,128	2,250	1,800	9554
801	900	1,200	2,400	1,920	9555
701	800	1,272	2,550	2,040	9556
601	700	1,350	2,700	2,160	9557
501	600	1,428	2,850	2,280	9558
401	500	1,500	3,000	2,400	9559
301	400	1,578	3,150	2,520	9560
201	300	1,650	3,300	2,640	9561
101	200	1,722	3,450	2,760	9562
1	100	1,800	3,600	2,880	9563
0	0	1,872	3,744	3,000	9564

Half-time students shall be eligible to receive awards	9565
according to the following table:	9566

Half-Time Enrollment	9567

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:	9568
$2,101	$2,190	$150	$300	$240	9569
2,001	2,100	204	402	324	9570
1,901	2,000	252	504	402	9571
1,801	1,900	300	600	480	9572
1,701	1,800	354	702	564	9573
1,601	1,700	402	804	642	9574
1,501	1,600	450	900	720	9575
1,401	1,500	504	1,002	804	9576
1,301	1,400	552	1,104	882	9577
1,201	1,300	600	1,200	960	9578
1,101	1,200	654	1,302	1,044	9579
1,001	1,100	702	1,404	1,122	9580
901	1,000	750	1,500	1,200	9581
801	900	804	1,602	1,284	9582
701	800	852	1,704	1,362	9583
601	700	900	1,800	1,440	9584
501	600	954	1,902	1,524	9585
401	500	1,002	2,004	1,602	9586
301	400	1,050	2,100	1,680	9587
201	300	1,104	2,202	1,764	9588
101	200	1,152	2,304	1,842	9589
1	100	1,200	2,400	1,920	9590
0	0	1,248	2,496	1,998	9591

One-quarter-time students shall be eligible to receive awards	9592
according to the following table:	9593

One-Quarter-Time Enrollment	9594

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:	9595
$2,101	$2,190	$78	$150	$120	9596
2,001	2,100	102	198	162	9597
1,901	2,000	126	252	198	9598
1,801	1,900	150	300	240	9599
1,701	1,800	174	348	282	9600
1,601	1,700	198	402	318	9601
1,501	1,600	228	450	360	9602
1,401	1,500	252	498	402	9603
1,301	1,400	276	552	438	9604
1,201	1,300	300	600	480	9605
1,101	1,200	324	648	522	9606
1,001	1,100	348	702	558	9607
901	1,000	378	750	600	9608
801	900	402	798	642	9609
701	800	426	852	678	9610
601	700	450	900	720	9611
501	600	474	948	762	9612
401	500	498	1,002	798	9613
301	400	528	1,050	840	9614
201	300	552	1,098	882	9615
101	200	576	1,152	918	9616
1	100	600	1,200	960	9617
0	0	624	1,248	1,002	9618

(D) For a full-time student enrolled in an eligible	9619
institution for a semester or quarter in addition to the portion	9620
of the academic year covered by a grant determined under division	9621
(C) of this section, the maximum grant amount shall be a	9622
percentage of the maximum prescribed in the applicable table of	9623
that division. The maximum grant for a fourth quarter shall be	9624
one-third of the maximum amount prescribed under that division.	9625
The maximum grant for a third semester shall be one-half of the	9626
maximum amount prescribed under that division.	9627

(E) No grant shall be made to any student in a course of	9628
study in theology, religion, or other field of preparation for a	9629
religious profession unless such course of study leads to an	9630
accredited bachelor of arts, bachelor of science, associate of	9631
arts, or associate of science degree.	9632

(F)(1) Except as provided in division (F)(2) of this section,	9633
no grant shall be made to any student for enrollment during a	9634
fiscal year in an institution with a cohort default rate	9635
determined by the United States secretary of education pursuant to	9636
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	9637
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	9638
preceding the fiscal year, equal to or greater than thirty per	9639
cent for each of the preceding two fiscal years.	9640

(2) Division (F)(1) of this section does not apply to the	9641
following:	9642

(a) Any student enrolled in an institution that under the	9643
federal law appeals its loss of eligibility for federal financial	9644
aid and the United States secretary of education determines its	9645
cohort default rate after recalculation is lower than the rate	9646
specified in division (F)(1) of this section or the secretary	9647
determines due to mitigating circumstances the institution may	9648
continue to participate in federal financial aid programs. The	9649
chancellor shall adopt rules requiring institutions to provide	9650
information regarding an appeal to the chancellor.	9651

(b) Any student who has previously received a grant under	9652
this section who meets all other requirements of this section.	9653

(3) The chancellor shall adopt rules for the notification of	9654
all institutions whose students will be ineligible to participate	9655
in the grant program pursuant to division (F)(1) of this section.	9656

(4) A student's attendance at an institution whose students	9657
lose eligibility for grants under division (F)(1) of this section	9658
shall not affect that student's eligibility to receive a grant	9659
when enrolled in another institution.	9660

(G) Institutions of higher education that enroll students	9661
receiving needs-based financial aid grants under this section	9662
shall report to the chancellor all students who have received	9663
needs-based financial aid grants but are no longer eligible for	9664
all or part of such grants and shall refund any moneys due the	9665
state within thirty days after the beginning of the quarter or	9666
term immediately following the quarter or term in which the	9667
student was no longer eligible to receive all or part of the	9668
student's grant. There shall be an interest charge of one per cent	9669
per month on all moneys due and payable after such thirty-day	9670
period. The chancellor shall immediately notify the office of	9671
budget and management and the legislative service commission of	9672
all refunds so received.	9673

~~Sec. 3353.20.~~ Sec. 3333.81. As used in sections ~~3353.20~~3333.81	9674
to ~~3353.30~~3333.88 of the Revised Code:	9675

(A) "Clearinghouse" means the clearinghouse established under	9676
section ~~3353.21~~3333.82 of the Revised Code.	9677

(B) ~~"Data verification code" means the code assigned to a~~	9678
~~student under division (D)(2) of section 3301.0714 of the Revised~~	9679
~~Code.~~	9680

~~(C) "One-half unit" of instruction has the same meaning as in~~	9681
~~section 3313.603 of the Revised Code.~~	9682

~~(D)~~"Community school" means a community school established	9683
under Chapter 3314. of the Revised Code.	9684

(C) "Common statewide platform" means a software program that	9685
facilitates the delivery of courses via computers from multiple	9686
course providers to multiple end users, tracks the progress of the	9687
end user, and includes an integrated searchable database of	9688
standards-based course content.	9689

(D) "Course provider" means a school district, community	9690
school, STEM school, state institution of higher education,	9691
private college or university, or nonprofit or for-profit private	9692
entity that creates or is an agent of the creator of original	9693
course content for a course offered through the clearinghouse.	9694

(E) "Instructor" means an individual who holds a license	9695
issued by the state board of education, as defined in section	9696
3319.31 of the Revised Code, or an individual employed as an	9697
instructor or professor by a state institution of higher education	9698
or a private college or university.	9699

(F) "State institution of higher education" has the same	9700
meaning as in section 3345.011 of the Revised Code.	9701

(G) "STEM school" means a science, technology, engineering,	9702
and mathematics school established under Chapter 3326. of the	9703
Revised Code.	9704

(H) A "student's community school" means the community school	9705
~~established under Chapter 3314. of the Revised Code~~ in which the	9706
student is enrolled instead of being enrolled in a school operated	9707
by a school district.	9708

~~(E)~~(I) A "student's school district" means the school	9709
district operating the school in which the student is lawfully	9710
enrolled.	9711

(J) "A student's STEM school" means the STEM school in which	9712
the student is enrolled instead of being enrolled in a school	9713
operated by a school district.	9714

~~Sec. 3353.21.~~ Sec. 3333.82. (A) The ~~eTech Ohio commission~~	9715
chancellor of the Ohio board of regents shall establish a	9716
clearinghouse of interactive distance learning courses and other	9717
distance learning courses delivered via a computer-based method	9718
offered by school districts, community schools, STEM schools,	9719
state institutions of higher education, private colleges and	9720
universities, and other nonprofit and for-profit course providers	9721
for sharing with other school districts ~~and~~, community schools,	9722
STEM schools, state institutions of higher education, private	9723
colleges and universities, and individuals for the fee set	9724
pursuant to section ~~3353.24~~3333.84 of the Revised Code. The	9725
~~commission~~chancellor shall not be responsible for the content of	9726
courses offered through the clearinghouse; however, all such	9727
courses shall be delivered only in accordance with technical	9728
specifications approved by the ~~commission~~chancellor and on a	9729
common statewide platform administered by the chancellor.	9730

(B) To offer a course through the clearinghouse, a ~~school~~	9731
~~district~~course provider shall apply to the ~~commission~~chancellor	9732
in a form and manner prescribed by the ~~commission~~chancellor. The	9733
application for each course shall describe the course of study in	9734
as much detail as required by the ~~commission~~chancellor, whether	9735
an instructor is provided, the qualification and credentials of	9736
the ~~teacher~~instructor, the number of hours of instruction, ~~the~~	9737
~~technology required to deliver and receive the course, the~~	9738
~~technical capacity of the school district to deliver the course,~~	9739
~~the times that the school district plans to deliver the course,~~	9740
and any other information required by the ~~commission~~chancellor.	9741
The ~~commission~~chancellor may require ~~school districts~~course	9742
providers to include in their applications information	9743
recommended by the state board of education under former section	9744
3353.30 of the Revised Code.	9745

(C) The ~~commission~~chancellor shall review the technical	9746
specifications of each application submitted under division (B)	9747
of this section ~~and shall approve a course offered if the~~	9748
~~commission determines that the school district can satisfactorily~~	9749
~~deliver the course through the technology necessary for that~~	9750
~~delivery~~. In reviewing applications, the ~~commission~~chancellor	9751
may consult with the department of education; however, the	9752
responsibility to either approve or not approve a course for the	9753
clearinghouse belongs to the ~~commission~~chancellor. The	9754
~~commission~~chancellor may request additional information from a	9755
~~school district~~course provider that submits an application under	9756
division (B) of this section, if the ~~commission~~chancellor	9757
determines that such information is necessary. The ~~commission~~	9758
chancellor may negotiate changes in the proposal to offer a	9759
course, if the ~~commission~~chancellor determines that changes are	9760
necessary in order to approve the course.	9761

(D) The ~~commission~~chancellor shall catalog each course	9762
approved for the clearinghouse, through a print or electronic	9763
medium, displaying the following:	9764

(1) Information necessary for a student and the student's	9765
parent, guardian, or custodian and the student's school district	9766
or, community school, STEM school, college, or university to	9767
decide whether to enroll in or subscribe to the course;	9768

(2) Instructions for enrolling in that course, including	9769
deadlines for enrollment.	9770

(E) Any expenses related to the installation of a course into	9771
the common statewide platform shall be borne by the course	9772
provider.	9773

(F) The chancellor may contract with an entity to perform	9774
any or all of the chancellor's duties under sections 3333.81 to	9775
3333.88 of the Revised Code.	9776

~~Sec. 3353.22.~~ Sec. 3333.83. (A) A student who is enrolled in a	9777
school operated by a school district or in a community school or	9778
STEM school may enroll in a course ~~included in~~through the	9779
clearinghouse only if both of the following conditions are	9780
satisfied:	9781

(1) The student's enrollment in the course is approved by the	9782
student's school district ~~or the student's~~, community school, or	9783
STEM school.	9784

(2) The student's school district ~~or the student's~~,	9785
community school, or STEM school agrees to accept for credit the	9786
grade assigned by the ~~district that is delivering the~~ course	9787
provider, if that provider is another school district, community	9788
school, or STEM school.	9789

(B) For each student enrolled in a school operated by a	9790
school district or in a community school or STEM school who is	9791
enrolling in a course provided through the clearinghouse by	9792
another school district, community school, or STEM school, the	9793
student's school district ~~or the student's~~, community school, or	9794
STEM school shall transmit ~~the student's data verification code~~	9795
~~and~~ the student's name to the ~~school district delivering the~~	9796
course provider.	9797

The ~~district delivering the~~ course provider may request from	9798
the student's school district ~~or the student's~~, community school,	9799
or STEM school other information from the student's school	9800
record. The ~~student's school~~ district or ~~the student's community~~	9801
school shall provide the requested information only in accordance	9802
with section 3319.321 of the Revised Code.	9803

(C) The student's school district ~~or the student's~~, community	9804
school, or STEM school shall determine the manner in which and	9805
facilities at which the student shall participate in the course	9806
consistent with specifications for technology and connectivity	9807
adopted by the ~~commission~~chancellor of the Ohio board of	9808
regents.	9809

(D) A student may withdraw from a course prior to the end of	9810
the course only by a date and in a manner prescribed by the	9811
student's school district or, community school, or STEM school.	9812

(E) A student who is enrolled in a school operated by a	9813
school district or in a community school or STEM school and who	9814
takes a course ~~included in~~through the clearinghouse shall be	9815
counted in the formula ADM of a school district under section	9816
3317.03 of the Revised Code as if the student were taking the	9817
course from the student's school district ~~or the student's~~,	9818
community school, or STEM school.	9819

Sec. 3333.84. (A) The fee charged for any course offered	9820
through the clearinghouse shall be set by the course provider.	9821

(B) The chancellor of the Ohio board of regents shall	9822
prescribe the manner in which the fee for a course shall be	9823
collected or deducted from the school district, school, college or	9824
university, or individual subscribing to the course and in which	9825
manner the fee shall be paid to the course provider.	9826

(C) The chancellor may retain a percentage of the fee	9827
charged for a course to offset the cost of maintaining and	9828
operating the clearinghouse, including the payment of	9829
compensation for an entity or a private entity that is under	9830
contract with the chancellor under division (F) of section	9831
3333.82 of the Revised Code. The percentage retained shall be	9832
determined by the chancellor.	9833

~~Sec. 3353.26.~~ Sec. 3333.85. The grade for a student ~~who enrolls in~~	9834
enrolled in a school operated by a school district or in a	9835
community school or STEM school for a course ~~included in~~provided	9836
through the clearinghouse by another school district, community	9837
school, or STEM school shall be assigned by ~~the school district~~	9838
~~that delivers~~ the course provider and shall be transmitted by	9839
~~that district~~ to the student's school district ~~or the student's~~,	9840
community school, or STEM school.	9841

~~Sec. 3353.27.~~ Sec. 3333.86. The ~~eTech Ohio commission~~chancellor	9842
of the Ohio board of regents may determine the manner in which a	9843
course included in the clearinghouse may be offered as a dual	9844
enrollment program as defined in section 3313.6013 of the Revised	9845
Code, may be offered to students who are enrolled in nonpublic	9846
schools or are instructed at home pursuant to section 3321.04 of	9847
the Revised Code, or may be offered at times outside the normal	9848
school day or school week, including any necessary additional	9849
fees and methods of payment for a course so offered.	9850

~~Sec. 3353.28.~~ Sec. 3333.87. The ~~eTech Ohio commission~~chancellor	9851
of the Ohio board of regents shall adopt rules in accordance with	9852
Chapter 119. of the Revised Code prescribing procedures for the	9853
implementation of sections ~~3353.20 to 3353.27~~3333.81 to 3333.86	9854
of the Revised Code.	9855

~~Sec. 3353.29.~~ Sec. 3333.88. Nothing in sections ~~3353.20 to 3353.28~~	9856
3333.81 to 3333.87 of the Revised Code, or in rules implementing	9857
those sections, shall prohibit a school district, community	9858
school, STEM school, or college or university from offering an	9859
interactive distance learning course or other distance learning	9860
course using a computer-based method through any means other than	9861
the clearinghouse established and maintained under those	9862
sections.	9863

Sec. 3335.05. Before entering upon the duties of ~~his~~ office	9864
the treasurer of the Ohio state university shall give evidence of	9865
bond to the state or insurance in such sum as the board of	9866
trustees determines, ~~but not a less sum than the probable amount~~	9867
~~that will be under his control in any one year, conditioned~~ for	9868
the faithful discharge of ~~his~~official duties and the payment of	9869
all moneys coming into ~~his~~the treasurer's hands~~, the bond to be~~	9870
~~approved by the attorney general~~. Such evidence of bond or	9871
insurance shall be deposited with the secretary of state and kept	9872
in ~~his~~the secretary of state's office.	9873

Sec. 3341.03. The board of trustees of Bowling Green state	9874
university and Kent state university, respectively, shall annually	9875
elect from their members, a president and a vice-president; and	9876
they may also appoint a secretary of the board, a treasurer, and	9877
such other officers of the university as the interests of the	9878
respective universities require, who may be members of the board.	9879
The treasurers, before entering upon the discharge of their	9880
duties, shall give bonds to the state or be insured for the	9881
faithful performance of their duties and the proper accounting for	9882
all moneys coming into their care. The amount of said bonds or	9883
insurance shall be determined by the boards, but shall not be for	9884
a less sum than the estimated amount which may come into their	9885
control at any time, less any reasonable deductible. ~~Said bonds~~	9886
~~shall be approved by the attorney general.~~	9887

Sec. 3343.08. The treasurer of the central state university,	9888
before entering upon the discharge of the treasurer's duties,	9889
shall give a bond to the state or be insured for the faithful	9890
performance of the treasurer's duties and the proper accounting	9891
for all moneys coming into the treasurer's care. The amount of the	9892
bond or insurance shall be determined by the board of trustees of	9893
central state university, but shall not be for a sum less than the	9894
amount that the board estimates may come into the treasurer's	9895
control at any time, less any reasonable deductible. ~~The bond~~	9896
~~shall be approved by the attorney general.~~	9897

Sec. 3344.02. The board of trustees of Cleveland state	9898
university shall annually elect from their members a ~~chairman~~	9899
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	9900
also appoint a secretary of the board, a treasurer, and such other	9901
officers of the university as the interest of the university	9902
requires, who may be members of the board. The treasurer, before	9903
entering upon the discharge of ~~his~~official duties, shall give	9904
bond to the state or be insured for the faithful performance of	9905
~~his~~the treasurer's duties and the proper accounting for all	9906
moneys coming into ~~his~~the treasurer's care. The amount of said	9907
bond or insurance shall be determined by the board, but shall not	9908
be for a sum less than the estimated amount which may come into	9909
~~his~~the treasurer's control at any time, less any reasonable	9910
deductible. ~~Said bond shall be approved by the attorney general.~~	9911

Sec. 3352.02. The board of trustees of Wright state	9912
university shall annually elect from their members a ~~chairman~~	9913
chairperson and ~~vice-chairman~~vice-chairperson; and they may also	9914
appoint a secretary of the board, a treasurer, and such other	9915
officers of the university as the interest of the university	9916
requires, who may be members of the board. The treasurer, before	9917
entering upon the discharge of ~~his~~official duties, shall give	9918
bond to the state or be insured for the faithful performance of	9919
~~his~~the treasurer's duties and the proper accounting for all	9920
moneys coming into ~~his~~the treasurer's care. The amount of said	9921
bond or insurance shall be determined by the board, but shall not	9922
be for a sum less than the estimated amount which may come into	9923
~~his~~the treasurer's control at any time, less any reasonable	9924
deductible. ~~Said bond shall be approved by the attorney general.~~	9925

Sec. 3353.02. (A) There is hereby created the eTech Ohio	9926
commission as an independent agency to advance education and	9927
accelerate the learning of the citizens of this state through	9928
technology. The commission shall provide leadership and support in	9929
extending the knowledge of the citizens of this state by promoting	9930
access to and use of all forms of educational technology,	9931
including educational television and radio, radio reading	9932
services, broadband networks, videotapes, compact discs, digital	9933
video on demand (DVD), and the internet. The commission also shall	9934
administer programs to provide financial and other assistance to	9935
school districts and other educational institutions for the	9936
acquisition and utilization of educational technology.	9937

The commission is a body corporate and politic, an agency of	9938
the state performing essential governmental functions of the	9939
state.	9940

(B) The commission shall consist of thirteen members, nine of	9941
whom shall be voting members. Six of the voting members shall be	9942
representatives of the public. Of the representatives of the	9943
public, four shall be appointed by the governor with the advice	9944
and consent of the senate, one shall be appointed by the speaker	9945
of the house of representatives, and one shall be appointed by the	9946
president of the senate. The superintendent of public instruction	9947
or a designee of the superintendent, the chancellor of the Ohio	9948
board of regents or a designee of the chancellor, and the ~~director~~	9949
~~of the office of information technology~~state chief information	9950
officer or a designee of the ~~director~~officer shall be ex officio	9951
voting members. Of the nonvoting members, two shall be members of	9952
the house of representatives appointed by the speaker of the house	9953
of representatives and two shall be members of the senate	9954
appointed by the president of the senate. The members appointed	9955
from each chamber shall not be members of the same political	9956
party.	9957

(C) Initial terms of office for members appointed by the	9958
governor shall be one year for one member, two years for one	9959
member, three years for one member, and four years for one member.	9960
At the first meeting of the commission, members appointed by the	9961
governor shall draw lots to determine the length of the term each	9962
member will serve. Thereafter, terms of office for members	9963
appointed by the governor shall be for four years. Terms of office	9964
for voting members appointed by the speaker of the house of	9965
representatives and the president of the senate shall be for four	9966
years. Any member who is a representative of the public may be	9967
reappointed by the member's respective appointing authority, but	9968
no such member may serve more than two consecutive four-year	9969
terms. Such a member may be removed by the member's respective	9970
appointing authority for cause.	9971

Any legislative member appointed by the speaker of the house	9972
of representatives or the president of the senate who ceases to be	9973
a member of the legislative chamber from which the member was	9974
appointed shall cease to be a member of the commission. The	9975
speaker of the house of representatives and the president of the	9976
senate may remove their respective appointments to the commission	9977
at any time.	9978

(D) Vacancies among appointed members shall be filled in the	9979
manner provided for original appointments. Any member appointed to	9980
fill a vacancy occurring prior to the expiration of the term for	9981
which the member's predecessor was appointed shall hold office for	9982
the remainder of that term. Any appointed member shall continue in	9983
office subsequent to the expiration of that member's term until	9984
the member's successor takes office or until a period of sixty	9985
days has elapsed, whichever occurs first.	9986

(E) Members of the commission shall serve without	9987
compensation. The members who are representatives of the public	9988
shall be reimbursed, pursuant to office of budget and management	9989
guidelines, for actual and necessary expenses incurred in the	9990
performance of official duties.	9991

(F) The governor shall appoint the chairperson of the	9992
commission from among the commission's voting members. The	9993
chairperson shall serve a term of two years and may be	9994
reappointed. The commission shall elect other officers as	9995
necessary from among its voting members and shall prescribe its	9996
rules of procedure.	9997

(G) The commission shall establish advisory groups as needed	9998
to address topics of interest and to provide guidance to the	9999
commission regarding educational technology issues and the	10000
technology needs of educators, learners, and the public. Members	10001
of each advisory group shall be appointed by the commission and	10002
shall include representatives of individuals or organizations with	10003
an interest in the topic addressed by the advisory group.	10004

Sec. 3354.16. (A) When the board of trustees of a community	10005
college district has by resolution determined to let by contract	10006
the work of improvements pursuant to the official plan of such	10007
district, contracts in amounts exceeding a dollar amount set by	10008
the board, which dollar amount shall not exceed fifty thousand	10009
dollars, shall be advertised after notices calling for bids have	10010
been published once a week for three consecutive weeks, in at	10011
least one newspaper of general circulation within the community	10012
college district wherein the work is to be done. Subject to	10013
section 3354.10 of the Revised Code, the board of trustees of the	10014
district may let such contract to the lowest responsive and	10015
responsible bidder, in accordance with section 9.312 of the	10016
Revised Code, who meets the requirements of section 153.54 of the	10017
Revised Code. Such contract shall be in writing and shall be	10018
accompanied by or shall refer to plans and specifications for the	10019
work to be done. Such contract shall be approved by the board of	10020
trustees and signed by the president of the board and by the	10021
contractor.	10022

(B) On the first day of January of every even-numbered year,	10023
the chancellor of the board of regents shall adjust the fifty	10024
thousand dollar contract limit set forth in division (A) of this	10025
section, as adjusted in any previous year pursuant to this	10026
division. The chancellor shall adjust the limit according to the	10027
average increase or decrease for each of the two years	10028
immediately preceding the adjustment as set forth in the United	10029
States department of commerce, bureau of ~~the census~~economic	10030
analysis implicit price deflator for ~~construction~~gross domestic	10031
product, nonresidential structures, or an alternative if the	10032
federal government ceases to publish this metric, provided that no	10033
increase or decrease for any year shall exceed three per cent of	10034
the contract limit in existence at the time of the adjustment.	10035
Notwithstanding division (A) of this section, the limit adjusted	10036
under this division shall be used thereafter in lieu of the limit	10037
in division (A) of this section.	10038

(C) Before entering into an improvement pursuant to division	10039
(A) of this section, the board of trustees of a community college	10040
district shall require separate and distinct proposals to be made	10041
for furnishing materials or doing work on the improvement, or	10042
both, in the board's discretion, for each separate and distinct	10043
branch or class of work entering into the improvement. The board	10044
of trustees also may require a single, combined proposal for the	10045
entire project for materials or doing work, or both, in the	10046
board's discretion, that includes each separate and distinct	10047
branch or class of work entering into the improvement. The board	10048
of trustees need not solicit separate proposals for a branch or	10049
class of work for an improvement if the estimate cost for that	10050
branch or class of work is less than five thousand dollars.	10051

(D) When more than one branch or class of work is required,	10052
no contract for the entire job, or for a greater portion thereof	10053
than is embraced in one such branch or class of work shall be	10054
awarded, unless the separate bids do not cover all the work and	10055
materials required or the bids for the whole or for two or more	10056
kinds of work or materials are lower than the separate bids in the	10057
aggregate. The board of trustees need not award separate contracts	10058
for a branch or class of work entering into an improvement if the	10059
estimated cost for that branch or class of work is less than five	10060
thousand dollars.	10061

Sec. 3355.12. (A) When the managing authority of the	10062
university branch district has determined to let by contract the	10063
work of improvements, contracts in amounts exceeding a dollar	10064
amount set by the managing authority, which dollar amount shall	10065
not exceed fifty thousand dollars, shall be advertised after	10066
notices calling for bids have been published once a week for three	10067
consecutive weeks, in at least one newspaper of general	10068
circulation within the university branch district wherein the work	10069
is to be done. Such managing authority may let such contract to	10070
the lowest responsive and responsible bidder, in accordance with	10071
section 9.312 of the Revised Code, who meets the requirements of	10072
section 153.54 of the Revised Code. Such contract shall be in	10073
writing and shall be accompanied by or shall refer to plans and	10074
specifications for the work to be done. Such contract shall be	10075
approved by the managing authority of the university branch	10076
district and signed by the chairperson or vice-chairperson of the	10077
managing authority and by the contractor.	10078

(B) On the first day of January of every even-numbered year,	10079
the chancellor of the board of regents shall adjust the fifty	10080
thousand dollar contract limit set forth in division (A) of this	10081
section, as adjusted in any previous year pursuant to this	10082
division. The chancellor shall adjust the limit according to the	10083
average increase or decrease for each of the two years	10084
immediately preceding the adjustment as set forth in the United	10085
States department of commerce, bureau of ~~the census~~economic	10086
analysis implicit price deflator for ~~construction~~gross domestic	10087
product, nonresidential structures, or an alternative if the	10088
federal government ceases to publish this metric, provided that no	10089
increase or decrease for any year shall exceed three per cent of	10090
the contract limit in existence at the time of the adjustment.	10091
Notwithstanding division (A) of this section, the limit adjusted	10092
under this division shall be used thereafter in lieu of the limit	10093
in division (A) of this section.	10094

(C) Before entering into an improvement pursuant to division	10095
(A) of this section, the managing authority of the university	10096
branch district shall require separate and distinct proposals to	10097
be made for furnishing materials or doing work on the improvement,	10098
or both, in the board's discretion, for each separate and distinct	10099
branch or class of work entering into the improvement. The	10100
managing authority also may require a single, combined proposal	10101
for the entire project for materials or doing work, or both, in	10102
the board's discretion, that includes each separate and distinct	10103
branch or class of work entering into the improvement. The	10104
managing authority need not solicit separate proposals for a	10105
branch or class of work for an improvement if the estimate cost	10106
for that branch or class of work is less than five thousand	10107
dollars.	10108

(D) When more than one branch or class of work is required,	10109
no contract for the entire job, or for a greater portion thereof	10110
than is embraced in one such branch or class of work shall be	10111
awarded, unless the separate bids do not cover all the work and	10112
materials required or the bids for the whole or for two or more	10113
kinds of work or materials are lower than the separate bids in the	10114
aggregate. The managing authority need not award separate	10115
contracts for a branch or class of work entering into an	10116
improvement if the estimated cost for that branch or class of work	10117
is less than five thousand dollars.	10118

Sec. 3356.02. The board of trustees of Youngstown state	10119
university shall annually elect from their members a ~~chairman~~	10120
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	10121
also appoint a secretary of the board, a treasurer, and such other	10122
officers of the university as the interest of the university	10123
requires, who may be members of the board. The treasurer, before	10124
entering upon the discharge of ~~his~~official duties, shall give	10125
bond to the state or be insured for faithful performance of ~~his~~	10126
the treasurer's duties and the proper accounting for all moneys	10127
coming into ~~his~~the treasurer's care. The amount of said bond or	10128
insurance shall be determined by the board, but shall not be for a	10129
sum less than the estimated amount which may come into ~~his~~the	10130
treasurer's control at any time, less any reasonable deductible.	10131
~~Said bond shall be approved by the attorney general.~~	10132

Sec. 3357.16. (A) When the board of trustees of a technical	10133
college district has by resolution determined to let by contract	10134
the work of improvements pursuant to the official plan of such	10135
district, contracts in amounts exceeding a dollar amount set by	10136
the board, which dollar amount shall not exceed fifty thousand	10137
dollars, shall be advertised after notice calling for bids has	10138
been published once a week for three consecutive weeks, in at	10139
least one newspaper of general circulation within the technical	10140
college district where the work is to be done. The board of	10141
trustees of the technical college district may let such contract	10142
to the lowest responsive and responsible bidder, in accordance	10143
with section 9.312 of the Revised Code, who meets the requirements	10144
of section 153.54 of the Revised Code. Such contract shall be in	10145
writing and shall be accompanied by or shall refer to plans and	10146
specifications for the work to be done. Such contract shall be	10147
approved by the board of trustees and signed by the president of	10148
the board and by the contractor.	10149

(B) On the first day of January of every even-numbered year,	10150
the chancellor of the board of regents shall adjust the fifty	10151
thousand dollar contract limit set forth in division (A) of this	10152
section, as adjusted in any previous year pursuant to this	10153
division. The chancellor shall adjust the limit according to the	10154
average increase or decrease for each of the two years	10155
immediately preceding the adjustment as set forth in the United	10156
States department of commerce, bureau of ~~the census~~economic	10157
analysis implicit price deflator for ~~construction~~gross domestic	10158
product, nonresidential structures, or an alternative if the	10159
federal government ceases to publish this metric, provided that no	10160
increase or decrease for any year shall exceed three per cent of	10161
the contract limit in existence at the time of the adjustment.	10162
Notwithstanding division (A) of this section, the limit adjusted	10163
under this division shall be used thereafter in lieu of the limit	10164
in division (A) of this section.	10165

(C) Before entering into an improvement pursuant to division	10166
(A) of this section, the board of trustees of a technical college	10167
district shall require separate and distinct proposals to be made	10168
for furnishing materials or doing work on the improvement, or	10169
both, in the board's discretion, for each separate and distinct	10170
branch or class of work entering into the improvement. The board	10171
of trustees also may require a single, combined proposal for the	10172
entire project for materials or doing work, or both, in the	10173
board's discretion, that includes each separate and distinct	10174
branch or class of work entering into the improvement. The board	10175
of trustees need not solicit separate proposals for a branch or	10176
class of work for an improvement if the estimate cost for that	10177
branch or class of work is less than five thousand dollars.	10178

(D) When more than one branch or class of work is required,	10179
no contract for the entire job, or for a greater portion thereof	10180
than is embraced in one such branch or class of work shall be	10181
awarded, unless the separate bids do not cover all the work and	10182
materials required or the bids for the whole or for two or more	10183
kinds of work or materials are lower than the separate bids in the	10184
aggregate. The board of trustees need not award separate contracts	10185
for a branch or class of work entering into an improvement if the	10186
estimated cost for that branch or class of work is less than five	10187
thousand dollars.	10188

Sec. 3359.02. The board of trustees of the university of	10189
Akron shall annually elect from their members a ~~chairman~~	10190
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	10191
also appoint a secretary of the board, a treasurer, and such other	10192
officers of the university as the interest of the university	10193
requires, who may be members of the board. The treasurer, before	10194
entering upon the discharge of ~~his~~official duties, shall give	10195
bond to the state or be insured for the faithful performance of	10196
~~his~~the treasurer's duties and the proper accounting for all	10197
moneys coming into ~~his~~the treasurer's care. The amount of said	10198
bonds or insurance shall be determined by the board, but shall not	10199
be for a sum less than the estimated amount which may come into	10200
~~his~~the treasurer's control at any time, less any reasonable	10201
deductible. ~~Said bond shall be approved by the attorney general.~~	10202

Sec. 3361.02. The board of trustees of the university of	10203
Cincinnati shall annually elect from their members a ~~chairman~~	10204
chairperson and a ~~vice-chairman~~vice-chairperson, and they may	10205
also appoint a secretary of the board, a treasurer, and such other	10206
officers of the university as the interests of the university	10207
require, who may be members of the board. The treasurer, before	10208
entering upon the discharge of ~~his~~official duties, shall give	10209
bond to the state or be insured for the faithful performance of	10210
~~his~~the treasurer's duties and the proper accounting for all	10211
moneys coming into ~~his~~the treasurer's care. The amount of said	10212
bond or insurance shall be determined by the board, but shall not	10213
be for a sum less than the estimated amount which may come into	10214
~~his~~the treasurer's control at any time, less any reasonable	10215
deductible. ~~Said bond shall be approved by the attorney general.~~	10216

Sec. 3364.02. The board of trustees of the university of	10217
Toledo annually shall elect from among its members a chairperson	10218
and a vice-chairperson, and also may appoint a secretary of the	10219
board, a treasurer, and such other officers of the university as	10220
the interest of the university requires, who may be members of the	10221
board. The treasurer, before entering upon the discharge of	10222
official duties, shall give bond to the state or be insured for	10223
the faithful performance of the treasurer's duties and the proper	10224
accounting for all moneys coming into the treasurer's care. The	10225
amount of that bond or insurance shall be determined by the board,	10226
but shall not be for a sum less than the estimated amount which	10227
may come into the treasurer's control at any time, less any	10228
reasonable deductible.	10229

Sec. 3365.15. The program known as "seniors to sophomores,"	10230
or any successor name, shall permit nonpublic school students to	10231
participate.	10232

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	10233
Revised Code:	10234

(A) "Primary care physician" means an individual who is	10235
authorized under Chapter 4731. of the Revised Code to practice	10236
medicine and surgery or osteopathic medicine and surgery and is	10237
board certified or board eligible in a primary care specialty.	10238

(B) "Primary care service" means professional comprehensive	10239
personal health services, which may include health education and	10240
disease prevention, treatment of uncomplicated health problems,	10241
diagnosis of chronic health problems, overall management of	10242
health care services for an individual or a family, and the	10243
services of a psychiatrist. "Primary care service" also includes	10244
providing the initial contact for health care services and making	10245
referrals for secondary and tertiary care and for continuity of	10246
health care services.	10247

(C) "Primary care specialty" means general internal medicine,	10248
pediatrics, adolescent medicine, obstetrics and gynecology,	10249
psychiatry, child and adolescent psychiatry, geriatric	10250
psychiatry, combined internal medicine and pediatrics,	10251
geriatrics, or family practice.	10252

Sec. 3702.72. (A) A primary care physician who will not have	10253
an outstanding obligation for medical service to the federal	10254
government, a state, or other entity at the time of participation	10255
in the physician loan repayment program and meets one of the	10256
following requirements may apply for participation in the	10257
physician loan repayment program:	10258

(1) The primary care physician is enrolled in the final year	10259
of an accredited program required for board certification in a	10260
primary care specialty.	10261

(2) The primary care physician is enrolled in the final year	10262
of a fellowship program in a primary care specialty.	10263

(3) The primary care physician holds a valid certificate to	10264
practice medicine and surgery or osteopathic medicine and surgery	10265
issued under Chapter 4731. of the Revised Code.	10266

(B) An application for participation in the physician loan	10267
repayment program shall be submitted to the director of health on	10268
a form that the director shall prescribe. The information required	10269
to be submitted with an application includes the following:	10270

(1) The applicant's name, permanent address or address at	10271
which the applicant is currently residing if different from the	10272
permanent address, and telephone number;	10273

(2) The applicant's primary care specialty or specialties;

10274

(3) The medical school or osteopathic medical school the	10275
applicant attended, the dates of attendance, and verification of	10276
attendance;	10277

(4) The facility or institution where the applicant's medical	10278
residency program was completed or is being performed, and, if	10279
completed, the date of completion;	10280

(5) If applicable, the facility or institution where the	10281
applicant's fellowship was completed or is being performed, and,	10282
if completed, the date of completion;	10283

(6) A summary and verification of the educational expenses	10284
for which the applicant seeks reimbursement under the program;	10285

~~(6)~~(7) Verification of the applicant's authorization under	10286
Chapter 4731. of the Revised Code to practice medicine and surgery	10287
or osteopathic medicine and surgery;	10288

~~(7)~~(8) Verification of the applicant's United States	10289
citizenship or status as a legal alien.	10290

Sec. 3702.73. If funds are available in the physician loan	10291
repayment fund created under section 3702.78 of the Revised Code	10292
and the general assembly has appropriated funds for the physician	10293
loan repayment program, the director of health shall approve an	10294
applicant for participation in the program if the director finds	10295
that, in accordance with the priorities established under section	10296
3702.77 of the Revised Code, the applicant is eligible for	10297
participation in the program and the applicant's primary care	10298
specialty is needed in a health resource shortage area.	10299

Upon approval, the director shall notify and enter into	10300
discussions with the applicant. The object of the discussions is	10301
to facilitate the recruitment of the applicant to a site within a	10302
health resource shortage area at which, according to the	10303
priorities established under section 3702.77 of the Revised Code,	10304
the applicant's primary care specialty is most needed.	10305

If the director and applicant agree on the applicant's	10306
placement at a particular site within a health resource shortage	10307
area, the applicant shall prepare, sign, and deliver to the	10308
director a letter of intent agreeing to that placement.	10309

Sec. 3702.74. (A) A primary care physician who has signed a	10310
letter of intent under section 3702.73 of the Revised Code,and	10311
the director of health~~, and the Ohio board of regents~~ may enter	10312
into a contract for the physician's participation in the physician	10313
loan repayment program. ~~A lending institution~~The physician's	10314
employer or other funding source may also be a party to the	10315
contract.	10316

(B) The contract shall include all of the following	10317
obligations:	10318

(1) The primary care physician agrees to provide primary care	10319
services in the health resource shortage area identified in the	10320
letter of intent for at least two years ~~or one year per twenty~~	10321
~~thousand dollars of repayment agreed to under division (B)(3) of~~	10322
~~this section, whichever is greater~~;	10323

(2) When providing primary care services in the health	10324
resource shortage area, the primary care physician agrees to do	10325
all of the following:	10326

(a) Provide primary care services for a minimum of forty	10327
hours per week, of which at least twenty-one hours will be spent	10328
providing patient care in an outpatient or ambulatory setting;	10329

(b) Provide primary care services without regard to a	10330
patient's ability to pay;	10331

(c) Meet the conditions prescribed by the "Social Security	10332
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	10333
department of job and family services for participation in the	10334
~~medical assistance~~medicaid program established under Chapter	10335
5111. of the Revised Code and enter into a contract with the	10336
department to provide primary care services to recipients of the	10337
medical assistance program;	10338

(d) Meet the conditions established by the department of job	10339
and family services for participation in the disability medical	10340
assistance program established under Chapter 5115. of the Revised	10341
Code and enter into a contract with the department to provide	10342
primary care services to recipients of disability medical	10343
assistance.	10344

(3) The ~~Ohio board of regents~~department of health agrees, as	10345
provided in section 3702.75 of the Revised Code, to repay, so long	10346
as the primary care physician performs the service obligation	10347
agreed to under division (B)(1) of this section, all or part of	10348
the principal and interest of a government or other educational	10349
loan taken by the primary care physician for expenses described in	10350
section 3702.75 of the Revised Code;	10351

(4) The primary care physician agrees to pay the ~~board the~~	10352
~~following as damages~~department of health an amount established by	10353
rules adopted under section 3702.79 of the Revised Code if the	10354
physician fails to complete the service obligation agreed to under	10355
division (B)(1) of this section:	10356

~~(a) If the failure occurs during the first two years of the~~	10357
~~service obligation, three times the total amount the board has~~	10358
~~agreed to repay under division (B)(3) of this section;~~	10359

~~(b) If the failure occurs after the first two years of the~~	10360
~~service obligation, three times the amount the board is still~~	10361
~~obligated to repay under division (B)(3) of this section~~.	10362

(C) The contract may include any other terms agreed upon by	10363
the parties~~, including an assignment to the Ohio board of regents~~	10364
~~of the physician's duty to pay the principal and interest of a~~	10365
~~government or other educational loan taken by the physician for~~	10366
~~expenses described in section 3702.75 of the Revised Code. If the~~	10367
~~board assumes the physician's duty to pay a loan, the contract~~	10368
~~shall set forth the total amount of principal and interest to be~~	10369
~~paid, an amortization schedule, and the amount of each payment to~~	10370
~~be made under the schedule~~.	10371

Sec. 3702.75. There is hereby created the physician loan	10372
repayment program. Under the program, the ~~Ohio board of regents~~	10373
department of health, by means of a contract provision under	10374
division (B)(3) of section 3702.74 of the Revised Code, may agree	10375
to repay all or part of the principal and interest of a government	10376
or other educational loan taken by a primary care physician for	10377
the following expenses, so long as the expenses were incurred	10378
while the physician was enrolled in, for up to a maximum of four	10379
years, a medical school or osteopathic medical school in the	10380
United States that was, during the time enrolled, accredited by	10381
the liaison committee on medical education or the American	10382
osteopathic association, or a medical school or osteopathic	10383
medical school located outside the United States that was, during	10384
the time enrolled, acknowledged by the world health organization	10385
and verified by a member state of that organization as operating	10386
within the state's jurisdiction:	10387

(A) Tuition;

10388

(B) Other educational expenses, such as fees, books, and	10389
laboratory expenses, for specific purposes and in amounts	10390
determined to be reasonable by the director of health;	10391

(C) Room and board, in an amount determined reasonable by the	10392
director of health.	10393

NoIn the first and second years, no repayment shall exceed	10394
~~twenty~~twenty-five thousand dollars in ~~any~~each year. In the third	10395
and fourth years, no repayment shall exceed thirty-five thousand	10396
dollars in each year. If, however, a repayment results in an	10397
increase in the primary care physician's federal, state, or local	10398
income tax liability, ~~the Ohio board of regents,~~ at the	10399
physician's request ~~and with the approval of the director of~~	10400
~~health~~, the department may reimburse the physician for the	10401
increased tax liability, regardless of the amount of the repayment	10402
made to the physician in that year.	10403

Not later than the thirty-first day of January each year, the	10404
~~Ohio board of regents~~department shall mail to each physician to	10405
whom or on whose behalf repayment is made under this section a	10406
statement showing the amount ~~of principal and interest~~ repaid by	10407
the ~~board~~department pursuant to the contract in the preceding	10408
year. The statement shall be sent by ordinary mail with address	10409
correction and forwarding requested in the manner prescribed by	10410
the United States postal service.	10411

Sec. 3702.78. The director of health may accept gifts of	10412
money from any source for the implementation and administration of	10413
sections 3702.72 to 3702.77 of the Revised Code. ~~The Ohio board of~~	10414
~~regents may accept gifts of money from any source for~~	10415
~~implementation and administration of the physician loan repayment~~	10416
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	10417

The director shall pay all gifts accepted under this section	10418
into the state treasury, to the credit of the health resource	10419
shortage area fund, which is hereby created~~. The board shall pay~~,	10420
and all ~~gifts accepted under this section, and~~ damages collected	10421
under division (B)(4) of section 3702.74 of the Revised Code, into	10422
the state treasury, to the credit of the physician loan repayment	10423
fund, which is hereby created.	10424

The director shall use the health resource shortage area ~~fund~~	10425
and the physician loan repayment funds for the implementation and	10426
administration of sections 3702.72 to 3702.77 of the Revised Code.	10427
~~The board shall use the physician loan repayment fund for the~~	10428
~~implementation and administration of the physician loan repayment~~	10429
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	10430

Sec. 3702.79. The director of health, in accordance with	10431
Chapter 119. of the Revised Code, shall adopt rules as necessary	10432
to implement and administer sections 3702.71 to 3702.78 of the	10433
Revised Code. In preparing rules, the director shall consult with	10434
~~the Ohio board of regents and~~ the physician loan repayment	10435
advisory board.	10436

Sec. 3702.81. There is hereby created the physician loan	10437
repayment advisory board. The board shall consist of ~~eleven~~ten	10438
members as follows:	10439

(A) The following ~~six~~five members appointed by the governor:	10440
a representative of ~~the department of health, a representative of~~	10441
the Ohio academy of family practice, a representative of the board	10442
of regents, a representative of the Ohio association of community	10443
health centers, a representative of the Ohio state medical	10444
association, and a representative of the Ohio osteopathic	10445
association;	10446

(B) Two members of the house of representatives, one from	10447
each political party, appointed by the speaker of the house of	10448
representatives;	10449

(C) Two members of the senate, one from each political party,	10450
appointed by the president of the senate.	10451

(D) The director of health or an employee of the department	10452
of health designated by the director.	10453

Of the initial appointments made by the governor, three shall	10454
be for terms ending June 30, 1994, and four shall be for terms	10455
ending June 30, 1995. Of the initial appointments made by the	10456
speaker of the house of representatives, one shall be for a term	10457
ending June 30, 1994, and one shall be for a term ending June 30,	10458
1995. Of the initial appointments made by the president of the	10459
senate, one shall be for a term ending June 30, 1994, and one	10460
shall be for a term ending June 30, 1995. Thereafter, terms of	10461
office shall be two years, commencing on the first day of July and	10462
ending on the thirtieth day of June. Each member shall hold office	10463
from the date of appointment until the end of the term for which	10464
the member was appointed, except that a legislative member ceases	10465
to be a member of the board upon ceasing to be a member of the	10466
general assembly.	10467

Vacancies shall be filled in the manner prescribed for the	10468
original appointment. A member appointed to fill a vacancy	10469
occurring prior to the expiration of the term for which the	10470
member's predecessor was appointed shall hold office for the	10471
remainder of that term. A member shall continue in office	10472
subsequent to the expiration of the member's term until a	10473
successor takes office or until sixty days have elapsed, whichever	10474
occurs first. No person shall be appointed to the board for more	10475
than two consecutive terms.	10476

The governor, speaker, or president, or director may remove a	10477
member for whom the governor, speaker, or president, or director	10478
was the appointing authority, for misfeasance, malfeasance, or	10479
willful neglect of duty.	10480

The ~~governor~~board shall designate a member ~~of the board~~ to	10481
serve as chairperson of the board.	10482

The board shall meet at least once annually. The chairperson	10483
shall call special meetings as needed or upon the request of six	10484
members.	10485

Six members of the board constitute a quorum to transact and	10486
vote on all business coming before the board.	10487

Members of the board shall serve without compensation.

10488

The department of health shall provide the board with staff	10489
assistance as requested by the board.	10490

Sec. 3702.85. There is hereby created the dentist loan	10491
repayment program, which shall be administered by the department	10492
of health in cooperation with ~~the board of regents and~~ the dentist	10493
loan repayment advisory board. The program shall provide loan	10494
repayment on behalf of individuals who agree to provide dental	10495
services in areas designated as dental health resource shortage	10496
areas by the director of health pursuant to section 3702.87 of the	10497
Revised Code.	10498

Under the program, the ~~Ohio board~~department of ~~regents~~	10499
health, by means of a contract entered into under section 3702.91	10500
of the Revised Code, may agree to repay all or part of the	10501
principal and interest of a government or other educational loan	10502
taken by an individual for the following expenses incurred while	10503
the individual was enrolled in an accredited dental college or a	10504
dental college located outside of the United States that meets the	10505
standards of section 4715.11 of the Revised Code:	10506

(A) Tuition;

10507

(B) Other educational expenses, such as fees, books, and	10508
laboratory expenses that are for purposes and in amounts	10509
determined reasonable by the director of health;	10510

(C) Room and board, in an amount determined reasonable by the	10511
director of health.	10512

Sec. 3702.86. The director of health, in accordance with	10513
Chapter 119. of the Revised Code, shall adopt rules as necessary	10514
to implement and administer sections 3702.85 to 3702.95 of the	10515
Revised Code. In preparing rules, the director shall consult with	10516
~~the Ohio board of regents and~~ the dentist loan repayment advisory	10517
board.	10518

Sec. 3702.91. (A) An individual who has signed a letter of	10519
intent under section 3702.90 of the Revised Code may enter into a	10520
contract with the director of health ~~and the Ohio board of regents~~	10521
for participation in the dentist loan repayment program. A lending	10522
institution may also be a party to the contract.	10523

(B) The contract shall include all of the following	10524
obligations:	10525

(1) The individual agrees to provide dental services in the	10526
dental health resource shortage area identified in the letter of	10527
intent for at least one year.	10528

(2) When providing dental services in the dental health	10529
resource shortage area, the individual agrees to do all of the	10530
following:	10531

(a) Provide dental services for a minimum of forty hours per	10532
week;	10533

(b) Provide dental services without regard to a patient's	10534
ability to pay;	10535

(c) Meet the conditions prescribed by the "Social Security	10536
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the	10537
department of job and family services for participation in the	10538
medicaid program established under Chapter 5111. of the Revised	10539
Code and enter into a contract with the department to provide	10540
dental services to medicaid recipients.	10541

(3) The ~~Ohio board of regents~~department of health agrees, as	10542
provided in section 3702.85 of the Revised Code, to repay, so long	10543
as the individual performs the service obligation agreed to under	10544
division (B)(1) of this section, all or part of the principal and	10545
interest of a government or other educational loan taken by the	10546
individual for expenses described in section 3702.85 of the	10547
Revised Code up to but not exceeding twenty thousand dollars per	10548
year of service.	10549

(4) The individual agrees to pay the ~~board~~department of	10550
health the following as damages if the individual fails to	10551
complete the service obligation agreed to under division (B)(1) of	10552
this section:	10553

(a) If the failure occurs during the first two years of the	10554
service obligation, three times the total amount the ~~board~~	10555
department has agreed to repay under division (B)(3) of this	10556
section;	10557

(b) If the failure occurs after the first two years of the	10558
service obligation, three times the amount the ~~board~~department is	10559
still obligated to repay under division (B)(3) of this section.	10560

(C) The contract may include any other terms agreed upon by	10561
the parties, including an assignment to the ~~Ohio board of regents~~	10562
department of health of the individual's duty to pay the principal	10563
and interest of a government or other educational loan taken by	10564
the individual for expenses described in section 3702.85 of the	10565
Revised Code. If the ~~board~~department assumes the individual's	10566
duty to pay a loan, the contract shall set forth the total amount	10567
of principal and interest to be paid, an amortization schedule,	10568
and the amount of each payment to be made under the schedule.	10569

(D) Not later than the thirty-first day of January of each	10570
year, the ~~Ohio board of regents~~department of health shall mail to	10571
each individual to whom or on whose behalf repayment is made under	10572
the dentist loan repayment program a statement showing the amount	10573
of principal and interest repaid by the ~~board~~department pursuant	10574
to the contract in the preceding year. The statement shall be sent	10575
by ordinary mail with address correction and forwarding requested	10576
in the manner prescribed by the United States postal service.	10577

Sec. 3702.93. The dentist loan repayment advisory board shall	10578
determine the amounts that will be paid as loan repayments on	10579
behalf of participants in the dentist loan repayment program. No	10580
repayment shall exceed twenty thousand dollars in any year, except	10581
that if a repayment results in an increase in the participant's	10582
federal, state, or local income tax liability, the ~~Ohio board of~~	10583
~~regents~~department of health, at the participant's request and	10584
with the approval of the director of health, may reimburse the	10585
participant for the increased tax liability, regardless of the	10586
amount of the repayment in that year. Total repayment on behalf of	10587
a participant shall not exceed eighty thousand dollars over the	10588
time of participation in the program.	10589

Sec. 3702.95. The director of health may accept gifts of	10590
money from any source for the implementation and administration of	10591
sections 3702.85 to 3702.93 of the Revised Code. ~~The Ohio board of~~	10592
~~regents may accept gifts of money from any source for~~	10593
~~implementation and administration of the dentist loan repayment~~	10594
~~program under sections 3702.85 and 3702.91 of the Revised Code.~~	10595

The director shall pay all gifts accepted under this section	10596
into the state treasury, to the credit of the dental health	10597
resource shortage area fund, which is hereby created~~. The board~~	10598
~~shall pay~~, and all ~~gifts accepted under this section, and~~ damages	10599
collected under division (B)(4) of section 3702.91 of the Revised	10600
Code, into the state treasury, to the credit of the dentist loan	10601
repayment fund, which is hereby created.	10602

The director shall use the dental health resource shortage	10603
area ~~fund~~and dentist loan repayment funds for the implementation	10604
and administration of sections 3702.85 ~~and 3702.87 to 3702.93~~to	10605
3702.95 of the Revised Code. ~~The board shall use the dentist loan~~	10606
~~repayment fund for the implementation and administration of the~~	10607
~~dentist loan repayment program under sections 3702.85 and 3702.91~~	10608
~~of the Revised Code.~~	10609

Sec. 3703.01. (A) Except as otherwise provided in this	10610
section, the division of industrial compliance in the department	10611
of commerce shall do all of the following:	10612

(1) Inspect all nonresidential buildings within the meaning	10613
of section 3781.06 of the Revised Code;	10614

(2) Condemn all unsanitary or defective plumbing that is	10615
found in connection with those places;	10616

(3) Order changes in plumbing necessary to insure the safety	10617
of the public health.	10618

(B)(1)(a) The division of industrial compliance, boards of	10619
health of city and general health districts, and county building	10620
departments shall not inspect plumbing or collect fees for	10621
inspecting plumbing in particular types of buildings in any	10622
municipal corporation that is certified by the board of building	10623
standards under section 3781.10 of the Revised Code to exercise	10624
enforcement authority for plumbing in those types of buildings.	10625

(b) The division shall not inspect plumbing or collect fees	10626
for inspecting plumbing in particular types of buildings in any	10627
health district that employs one or more plumbing inspectors	10628
certified pursuant to division (D) of this section to enforce	10629
Chapters 3781. and 3791. of the Revised Code and the rules adopted	10630
pursuant to those chapters relating to plumbing in those types of	10631
buildings.	10632

(c) The division shall not inspect plumbing or collect fees	10633
for inspecting plumbing in particular types of buildings in any	10634
health district where the county building department is	10635
authorized to inspect those types of buildings pursuant to a	10636
contract described in division (C)(1) of this section.	10637

(d) The division shall not inspect plumbing or collect fees	10638
for inspecting plumbing in particular types of buildings in any	10639
health district where the board of health has entered into a	10640
contract with the board of health of another district to conduct	10641
inspections pursuant to division (C)(2) of this section.	10642

(2) No county building department shall inspect plumbing or	10643
collect fees for inspecting plumbing in any type of building in a	10644
health district unless the department is authorized to inspect	10645
that type of building pursuant to a contract described in division	10646
(C)(1) of this section.	10647

(3) No municipal corporation shall inspect plumbing or	10648
collect fees for inspecting plumbing in types of buildings for	10649
which it is not certified by the board of building standards	10650
under section 3781.10 of the Revised Code to exercise enforcement	10651
authority.	10652

(4) No board of health of a health district shall inspect	10653
plumbing or collect fees for inspecting plumbing in types of	10654
buildings for which it does not have a plumbing inspector	10655
certified pursuant to division (D) of this section.	10656

(C)(1) The board of health of a health district may enter	10657
into a contract with a board of county commissioners to authorize	10658
the county building department to inspect plumbing in buildings	10659
within the health district. The contract may designate that the	10660
department inspect either residential or nonresidential buildings,	10661
as those terms are defined in section 3781.06 of the Revised Code,	10662
or both types of buildings, so long as the department employs or	10663
contracts with a plumbing inspector certified pursuant to	10664
division (D) of this section to inspect the types of buildings	10665
the contract designates. The board of health may enter into a	10666
contract regardless of whether the health district employs any	10667
certified plumbing inspectors to enforce Chapters 3781. and	10668
3791. of the Revised Code.	10669

(2) The board of health of a health district, regardless of	10670
whether it employs any certified plumbing inspectors to enforce	10671
Chapters 3781. and 3791. of the Revised Code, may enter into a	10672
contract with the board of health of another health district to	10673
authorize that board to inspect plumbing in buildings within the	10674
contracting board's district. The contract may designate the	10675
inspection of either residential or nonresidential buildings as	10676
defined in section 3781.06 of the Revised Code, or both types of	10677
buildings, so long as the board that performs the inspections	10678
employs a plumbing inspector certified pursuant to division (D) of	10679
this section to inspect the types of buildings the contract	10680
designates.	10681

(D) The superintendent of industrial compliance shall adopt	10682
rules prescribing minimum qualifications based on education,	10683
training, experience, or demonstrated ability, that the	10684
superintendent shall use in certifying or recertifying plumbing	10685
inspectors to do plumbing inspections for health districts and	10686
county building departments that are authorized to perform	10687
inspections pursuant to a contract under division (C)(1) of this	10688
section, and for continuing education of plumbing inspectors.	10689
Those minimum qualifications shall be related to the types of	10690
buildings for which a person seeks certification.	10691

(E) The superintendent may enter into reciprocal	10692
registration, licensure, or certification agreements with other	10693
states and other agencies of this state relative to plumbing	10694
inspectors if both of the following apply:	10695

(1) The requirements for registration, licensure, or	10696
certification of plumbing inspectors under the laws of the other	10697
state or laws administered by the other agency are substantially	10698
equal to the requirements the superintendent adopts under division	10699
(D) of this section for certifying plumbing inspectors.	10700

(2) The other state or agency extends similar reciprocity to	10701
persons certified under this chapter.	10702

(F) The superintendent may select and contract with one or	10703
more persons to do all of the following regarding examinations for	10704
certification of plumbing inspectors:	10705

(1) Prepare, administer, score, and maintain the	10706
confidentiality of the examination;	10707

(2) Maintain responsibility for all expenses required to	10708
comply with division (F)(1) of this section;	10709

(3) Charge each applicant a fee for administering the	10710
examination in an amount the superintendent authorizes;	10711

(4) Design the examination for certification of plumbing	10712
inspectors to determine an applicant's competence to inspect	10713
plumbing.	10714

(G) Standards and methods prescribed in local plumbing	10715
regulations shall not be less than those prescribed in Chapters	10716
3781. and 3791. of the Revised Code and the rules adopted pursuant	10717
to those chapters.	10718

(H) Notwithstanding any other provision of this section, the	10719
division shall make a plumbing inspection of any building or	10720
other place that there is reason to believe is in a condition to	10721
be a menace to the public health.	10722

Sec. 3734.821. ~~Beginning on the effective date of this~~	10723
~~section~~Beginning on the effective date of this amendment and	10724
ending on June 30, 2011, at least sixty-five per cent of the	10725
moneys collected under division (A)(2) of section 3734.901 of the	10726
Revised Code and deposited in the state treasury to the credit of	10727
the scrap tire management fund created in section 3734.82 of the	10728
Revised Code shall be expended for clean-up and removal activities	10729
at the ~~Kirby~~Goss tire site in ~~Wyandot~~Muskingum county or other	10730
tire sites in the state.	10731

Sec. 3735.67. (A) The owner of real property located in a	10732
community reinvestment area and eligible for exemption from	10733
taxation under a resolution adopted pursuant to section 3735.66 of	10734
the Revised Code may file an application for an exemption from	10735
real property taxation of a percentage of the assessed valuation	10736
of a new structure or remodeling, completed after the effective	10737
date of the resolution adopted pursuant to section 3735.66 of the	10738
Revised Code, with the housing officer designated pursuant to	10739
section 3735.66 of the Revised Code for the community reinvestment	10740
area in which the property is located. If any part of the new	10741
structure or remodeling that would be exempted is of real property	10742
to be used for commercial or industrial purposes, the legislative	10743
authority and the owner of the property shall enter into a written	10744
agreement pursuant to section 3735.671 of the Revised Code prior	10745
to commencement of construction or remodeling; if such an	10746
agreement is subject to approval by the board of education of the	10747
school district within the territory of which the property is or	10748
will be located, the agreement shall not be formally approved by	10749
the legislative authority until the board of education approves	10750
the agreement in the manner prescribed by that section.	10751

(B) The housing officer shall verify the construction of the	10752
new structure or the cost of the remodeling and the facts asserted	10753
in the application. The housing officer shall determine whether	10754
the construction or the cost of the remodeling meets the	10755
requirements for an exemption under this section. In cases	10756
involving a structure of historical or architectural significance,	10757
the housing officer shall not determine whether the remodeling	10758
meets the requirements for a tax exemption unless the	10759
appropriateness of the remodeling has been certified, in writing,	10760
by the society, association, agency, or legislative authority that	10761
has designated the structure or by any organization or person	10762
authorized, in writing, by such society, association, agency, or	10763
legislative authority to certify the appropriateness of the	10764
remodeling.	10765

(C) If the construction or remodeling meets the requirements	10766
for exemption, the housing officer shall forward the application	10767
to the county auditor with a certification as to the division of	10768
this section under which the exemption is granted, and the period	10769
and percentage of the exemption as determined by the legislative	10770
authority pursuant to that division. If the construction or	10771
remodeling is of commercial or industrial property and the	10772
legislative authority is not required to certify a copy of a	10773
resolution under section 3735.671 of the Revised Code, the housing	10774
officer shall comply with the notice requirements prescribed under	10775
section 5709.83 of the Revised Code, unless the board has adopted	10776
a resolution under that section waiving its right to receive such	10777
a notice.	10778

(D) Except as provided in division (F) of this section, the	10779
tax exemption shall first apply in the year the construction or	10780
remodeling would first be taxable but for this section. In the	10781
case of remodeling that qualifies for exemption, a percentage, not	10782
to exceed one hundred per cent, of the amount by which the	10783
remodeling increased the assessed value of the structure shall be	10784
exempted from real property taxation. In the case of construction	10785
of a structure that qualifies for exemption, a percentage, not to	10786
exceed one hundred per cent, of the assessed value of the	10787
structure shall be exempted from real property taxation. In either	10788
case, the percentage shall be the percentage set forth in the	10789
agreement if the structure or remodeling is to be used for	10790
commercial or industrial purposes, or the percentage set forth in	10791
the resolution describing the community reinvestment area if the	10792
structure or remodeling is to be used for residential purposes.	10793

The construction of new structures and the remodeling of	10794
existing structures are hereby declared to be a public purpose for	10795
which exemptions from real property taxation may be granted for	10796
the following periods:	10797

(1) For every dwelling containing not more than two family	10798
units located within the same community reinvestment area and upon	10799
which the cost of remodeling is at least two thousand five hundred	10800
dollars, a period to be determined by the legislative authority	10801
adopting the resolution describing the community reinvestment area	10802
where the dwelling is located, but not exceeding ten years unless	10803
extended pursuant to division (D)(3) of this section;	10804

(2) For every dwelling containing more than two units and	10805
commercial or industrial properties, located within the same	10806
community reinvestment area, upon which the cost of remodeling is	10807
at least five thousand dollars, a period to be determined by the	10808
legislative authority adopting the resolution, but not exceeding	10809
twelve years unless extended pursuant to division (D)(3) of this	10810
section;	10811

(3) The period of exemption for a dwelling described in	10812
division (D)(1) or (2) of this section may be extended by a	10813
legislative authority for up to an additional ten years if the	10814
dwelling is a structure of historical or architectural	10815
significance, is a certified historic structure that has been	10816
subject to federal tax treatment under 26 U.S.C. 47 and 170(h),	10817
and units within the structure have been leased to individual	10818
tenants for five consecutive years;	10819

(4) Except as provided in division (F) of this section, for	10820
construction of every dwelling, and commercial or industrial	10821
structure located within the same community reinvestment area, a	10822
period to be determined by the legislative authority adopting the	10823
resolution, but not exceeding fifteen years.	10824

(E) Any person, board, or officer authorized by section	10825
5715.19 of the Revised Code to file complaints with the county	10826
board of revision may file a complaint with the housing officer	10827
challenging the continued exemption of any property granted an	10828
exemption under this section. A complaint against exemption shall	10829
be filed prior to the thirty-first day of December of the tax year	10830
for which taxation of the property is requested. The housing	10831
officer shall determine whether the property continues to meet the	10832
requirements for exemption and shall certify the housing officer's	10833
findings to the complainant. If the housing officer determines	10834
that the property does not meet the requirements for exemption,	10835
the housing officer shall notify the county auditor, who shall	10836
correct the tax list and duplicate accordingly.	10837

(F) The owner of a dwelling constructed in a community	10838
reinvestment area may file an application for an exemption after	10839
the year the construction first became subject to taxation. The	10840
application shall be processed in accordance with the procedures	10841
prescribed under this section and shall be granted if the	10842
construction that is the subject of the application otherwise	10843
meets the requirements for an exemption under this section. If	10844
approved, the exemption sought in the application first applies in	10845
the year the application is filed. An exemption approved pursuant	10846
to this division continues only for those years remaining in the	10847
period described in division (D)~~(3)~~(4) of this section. No	10848
exemption may be claimed for any year in that period that precedes	10849
the year in which the application is filed.	10850

Sec. 3905.40. There shall be paid to the superintendent of	10851
insurance the following fees:	10852

(A) Each insurance company doing business in this state shall	10853
pay:	10854

(1) For filing a copy of its charter or deed of settlement,	10855
two hundred fifty dollars;	10856

(2) For filing each statement, one hundred seventy-five	10857
dollars;	10858

(3) For each certificate of authority or license, one hundred	10859
seventy-five, and for each certified copy thereof, five dollars;	10860

(4) For each copy of a paper filed in the superintendent's	10861
office, twenty cents per page;	10862

(5) For issuing certificates of deposits or certified copies	10863
thereof, five dollars for the first certificate or copy and one	10864
dollar for each additional certificate or copy;	10865

(6) For issuing certificates of compliance or certified	10866
copies thereof, sixty dollars;	10867

(7) For affixing the seal of office and certifying documents,	10868
other than those enumerated herein, two dollars.	10869

(B) Each domestic life insurance company doing business in	10870
this state shall pay for annual valuation of its policies, one	10871
cent on every one thousand dollars of insurance.	10872

(C) Each applicant for licensure as an individual insurance	10873
agent except applicants for licensure as limited lines insurance	10874
agents and surplus line brokers shall pay ten dollars ~~before~~	10875
~~admission to any examination required by the superintendent. Such~~	10876
~~fee shall not be paid by the appointing insurance company~~for each	10877
line of authority requested. Fees collected under this division	10878
shall be credited to the department of insurance operating fund	10879
created in section 3901.021 of the Revised Code.	10880

(D) Each domestic mutual life insurance company shall pay for	10881
verifying that any amendment to its articles of incorporation was	10882
regularly adopted, two hundred fifty dollars with each application	10883
for verification. Any such amendment shall be considered to have	10884
been regularly adopted when approved by the affirmative vote of	10885
two-thirds of the policyholders present in person or by proxy at	10886
any annual meeting of policyholders or at a special meeting of	10887
policyholders called for that purpose.	10888

Sec. 3925.101. With the approval of the superintendent of	10889
insurance, sections 3925.06 to 3925.09 and 3925.20 of the Revised	10890
Code shall not apply to a domestic insurance company that	10891
qualifies as a foreign country branch of a United States company	10892
that writes policies exclusively in countries other than the	10893
United States if those other countries have laws pertaining to	10894
insurance company investments and the foreign country branch is	10895
required to comply with those laws.	10896

Sec. 3961.04. (A) A discount medical plan organization or	10897
marketer shall disclose all of the following information in	10898
writing in not less than twelve-point type on the first content	10899
page of any advertisements, marketing materials, or brochures made	10900
available to the public relating to a discount medical plan and	10901
with any enrollment forms:	10902

(1) A statement that the discount medical plan is not	10903
insurance;	10904

(2) A statement that the range of discounts for medical	10905
services offered under the discount medical plan will vary	10906
depending on the type of provider and medical services;	10907

(3) A statement that the discount medical plan is prohibited	10908
from making members' payments to providers for medical services	10909
received under the discount medical plan;	10910

(4) A statement that the member is obligated to pay for all	10911
discounted medical services received under the discount medical	10912
plan;	10913

(5) The discount medical plan organization's toll-free	10914
telephone number and internet web site address that a member or	10915
prospective member may use to obtain additional information about	10916
and assistance with the discount medical plan and up-to-date lists	10917
of providers participating in the discount medical plan.	10918

(B) If a discount medical plan organization's or marketer's	10919
initial contact with a prospective member is by telephone, the	10920
organization or marketer shall disclose all of the information	10921
listed in division (A) of this section orally in addition to	10922
including such disclosures in the initial written materials	10923
provided to the prospective or new member.	10924

(C) In addition to the disclosures required under division	10925
(A) of this section, a discount medical plan organization shall	10926
provide to each prospective member, at the time of enrollment, a	10927
copy of the terms and conditions of the discount medical plan,	10928
including any limitations or restrictions on the refund of any	10929
processing fees or periodic charges associated with the discount	10930
medical plan. A discount medical plan organization also shall	10931
provide each new member a written document containing the terms	10932
and conditions of the discount medical plan and including all of	10933
the following:	10934

(1) Name of the member;

10935

(2) Benefits provided under the discount medical plan;

10936

(3) Any processing fees and periodic charges associated with	10937
the discount medical plan, including, but not limited to, if	10938
applicable, the procedures for changing the mode of payment and	10939
any accompanying additional charges;	10940

(4) Any limitations, exclusions, or exceptions regarding the	10941
receipt of discount medical plan benefits;	10942

(5) Any waiting periods for certain medical services under	10943
the discount medical plan;	10944

(6) Procedures for obtaining discounts under the discount	10945
medical plan, such as requiring members to contact the discount	10946
medical plan organization to request that the organization make an	10947
appointment with a provider on the member's behalf;	10948

(7) Cancellation and refund rights described in section	10949
3961.06 of the Revised Code;	10950

(8) Membership renewal, termination, and cancellation terms	10951
and conditions;	10952

(9) Procedures for adding new family members to the discount	10953
medical plan;	10954

(10) Procedures for filing complaints under the discount	10955
medical plan organization's complaint system and a statement	10956
explaining that, if the member remains dissatisfied after	10957
completing the organization's complaint system, the member may	10958
contact the department of insurance;	10959

(11) Name, mailing address, and toll-free telephone number of	10960
the discount medical plan organization that a member may use to	10961
make inquiries about the discount medical plan, send cancellation	10962
notices, and file complaints.	10963

(D) A discount medical plan organization shall maintain on an	10964
internet web site page an up-to-date list of the names and	10965
addresses of the providers with which the organization has	10966
contracted directly or indirectly through a provider network. The	10967
organization's internet web site address shall be prominently	10968
displayed on all of the organization's advertisements, marketing	10969
materials, brochures, and discount medical plan cards.	10970

(E) When a discount medical plan organization or marketer	10971
sells a discount medical plan together with any other product, the	10972
organization or marketer shall do either of the following:	10973

(1) Provide the charges for each discount medical plan in	10974
writing to the member;	10975

(2) Reimburse the member for all periodic charges for the	10976
discount medical plan and all periodic charges for any other	10977
product if the member cancels ~~his or her~~ membership in accordance	10978
with division (B) of section ~~3901.06~~3961.06 of the Revised Code.	10979

Sec. 4117.01. As used in this chapter:

10980

(A) "Person," in addition to those included in division (C)	10981
of section 1.59 of the Revised Code, includes employee	10982
organizations, public employees, and public employers.	10983

(B)(1) "Public employer" means the state or any political	10984
subdivision of the state located entirely within the state,	10985
including, without limitation, any municipal corporation with a	10986
population of at least five thousand ~~according to the most recent~~	10987
~~federal decennial census~~; county; township with a population of at	10988
least five thousand in the unincorporated area of the township	10989
~~according to the most recent federal decennial census~~; school	10990
district; governing authority of a community school established	10991
under Chapter 3314. of the Revised Code; state institution of	10992
higher learning; public or special district; state agency,	10993
authority, commission, or board; or other branch of public	10994
employment.	10995

(2) In addition, with respect to members of a fire department	10996
of a township with a population of less than five thousand in the	10997
unincorporated area of the township, "public employer" means a	10998
township with a population of at least five thousand in the	10999
incorporated and unincorporated areas of the township that are	11000
served by the township fire department.	11001

(3) For purposes of division (B) of this section, population	11002
shall be determined in accordance with the most recent federal	11003
decennial census.	11004

(C) "Public employee" means any person holding a position by	11005
appointment or employment in the service of a public employer,	11006
including any person working pursuant to a contract between a	11007
public employer and a private employer and over whom the national	11008
labor relations board has declined jurisdiction on the basis that	11009
the involved employees are employees of a public employer, except:	11010

(1) Persons holding elective office;

11011

(2) Employees of the general assembly and employees of any	11012
other legislative body of the public employer whose principal	11013
duties are directly related to the legislative functions of the	11014
body;	11015

(3) Employees on the staff of the governor or the chief	11016
executive of the public employer whose principal duties are	11017
directly related to the performance of the executive functions of	11018
the governor or the chief executive;	11019

(4) Persons who are members of the Ohio organized militia,	11020
while training or performing duty under section 5919.29 or 5923.12	11021
of the Revised Code;	11022

(5) Employees of the state employment relations board;

11023

(6) Confidential employees;

11024

(7) Management level employees;

11025

(8) Employees and officers of the courts, assistants to the	11026
attorney general, assistant prosecuting attorneys, and employees	11027
of the clerks of courts who perform a judicial function;	11028

(9) Employees of a public official who act in a fiduciary	11029
capacity, appointed pursuant to section 124.11 of the Revised	11030
Code;	11031

(10) Supervisors;

11032

(11) Students whose primary purpose is educational training,	11033
including graduate assistants or associates, residents, interns,	11034
or other students working as part-time public employees less than	11035
fifty per cent of the normal year in the employee's bargaining	11036
unit;	11037

(12) Employees of county boards of election;

11038

(13) Seasonal and casual employees as determined by the state	11039
employment relations board;	11040

(14) Part-time faculty members of an institution of higher	11041
education;	11042

(15) Employees of the state personnel board of review;

11043

(16) Participants in a work activity, developmental activity,	11044
or alternative work activity under sections 5107.40 to 5107.69 of	11045
the Revised Code who perform a service for a public employer that	11046
the public employer needs but is not performed by an employee of	11047
the public employer if the participant is not engaged in paid	11048
employment or subsidized employment pursuant to the activity;	11049

(17) Employees included in the career professional service of	11050
the department of transportation under section 5501.20 of the	11051
Revised Code;	11052

(18) Employees of community-based correctional facilities and	11053
district community-based correctional facilities created under	11054
sections 2301.51 to 2301.58 of the Revised Code who are not	11055
subject to a collective bargaining agreement on June 1, 2005.	11056

(D) "Employee organization" means any labor or bona fide	11057
organization in which public employees participate and that exists	11058
for the purpose, in whole or in part, of dealing with public	11059
employers concerning grievances, labor disputes, wages, hours,	11060
terms, and other conditions of employment.	11061

(E) "Exclusive representative" means the employee	11062
organization certified or recognized as an exclusive	11063
representative under section 4117.05 of the Revised Code.	11064

(F) "Supervisor" means any individual who has authority, in	11065
the interest of the public employer, to hire, transfer, suspend,	11066
lay off, recall, promote, discharge, assign, reward, or discipline	11067
other public employees; to responsibly direct them; to adjust	11068
their grievances; or to effectively recommend such action, if the	11069
exercise of that authority is not of a merely routine or clerical	11070
nature, but requires the use of independent judgment, provided	11071
that:	11072

(1) Employees of school districts who are department	11073
chairpersons or consulting teachers shall not be deemed	11074
supervisors;	11075

(2) With respect to members of a police or fire department,	11076
no person shall be deemed a supervisor except the chief of the	11077
department or those individuals who, in the absence of the chief,	11078
are authorized to exercise the authority and perform the duties of	11079
the chief of the department. Where prior to June 1, 1982, a public	11080
employer pursuant to a judicial decision, rendered in litigation	11081
to which the public employer was a party, has declined to engage	11082
in collective bargaining with members of a police or fire	11083
department on the basis that those members are supervisors, those	11084
members of a police or fire department do not have the rights	11085
specified in this chapter for the purposes of future collective	11086
bargaining. The state employment relations board shall decide all	11087
disputes concerning the application of division (F)(2) of this	11088
section.	11089

(3) With respect to faculty members of a state institution of	11090
higher education, heads of departments or divisions are	11091
supervisors; however, no other faculty member or group of faculty	11092
members is a supervisor solely because the faculty member or group	11093
of faculty members participate in decisions with respect to	11094
courses, curriculum, personnel, or other matters of academic	11095
policy;	11096

(4) No teacher as defined in section 3319.09 of the Revised	11097
Code shall be designated as a supervisor or a management level	11098
employee unless the teacher is employed under a contract governed	11099
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	11100
is assigned to a position for which a license deemed to be for	11101
administrators under state board rules is required pursuant to	11102
section 3319.22 of the Revised Code.	11103

(G) "To bargain collectively" means to perform the mutual	11104
obligation of the public employer, by its representatives, and the	11105
representatives of its employees to negotiate in good faith at	11106
reasonable times and places with respect to wages, hours, terms,	11107
and other conditions of employment and the continuation,	11108
modification, or deletion of an existing provision of a collective	11109
bargaining agreement, with the intention of reaching an agreement,	11110
or to resolve questions arising under the agreement. "To bargain	11111
collectively" includes executing a written contract incorporating	11112
the terms of any agreement reached. The obligation to bargain	11113
collectively does not mean that either party is compelled to agree	11114
to a proposal nor does it require the making of a concession.	11115

(H) "Strike" means continuous concerted action in failing to	11116
report to duty; willful absence from one's position; or stoppage	11117
of work in whole from the full, faithful, and proper performance	11118
of the duties of employment, for the purpose of inducing,	11119
influencing, or coercing a change in wages, hours, terms, and	11120
other conditions of employment. "Strike" does not include a	11121
stoppage of work by employees in good faith because of dangerous	11122
or unhealthful working conditions at the place of employment that	11123
are abnormal to the place of employment.	11124

(I) "Unauthorized strike" includes, but is not limited to,	11125
concerted action during the term or extended term of a collective	11126
bargaining agreement or during the pendency of the settlement	11127
procedures set forth in section 4117.14 of the Revised Code in	11128
failing to report to duty; willful absence from one's position;	11129
stoppage of work; slowdown, or abstinence in whole or in part from	11130
the full, faithful, and proper performance of the duties of	11131
employment for the purpose of inducing, influencing, or coercing a	11132
change in wages, hours, terms, and other conditions of employment.	11133
"Unauthorized strike" includes any such action, absence, stoppage,	11134
slowdown, or abstinence when done partially or intermittently,	11135
whether during or after the expiration of the term or extended	11136
term of a collective bargaining agreement or during or after the	11137
pendency of the settlement procedures set forth in section 4117.14	11138
of the Revised Code.	11139

(J) "Professional employee" means any employee engaged in	11140
work that is predominantly intellectual, involving the consistent	11141
exercise of discretion and judgment in its performance and	11142
requiring knowledge of an advanced type in a field of science or	11143
learning customarily acquired by a prolonged course in an	11144
institution of higher learning or a hospital, as distinguished	11145
from a general academic education or from an apprenticeship; or an	11146
employee who has completed the courses of specialized intellectual	11147
instruction and is performing related work under the supervision	11148
of a professional person to become qualified as a professional	11149
employee.	11150

(K) "Confidential employee" means any employee who works in	11151
the personnel offices of a public employer and deals with	11152
information to be used by the public employer in collective	11153
bargaining; or any employee who works in a close continuing	11154
relationship with public officers or representatives directly	11155
participating in collective bargaining on behalf of the employer.	11156

(L) "Management level employee" means an individual who	11157
formulates policy on behalf of the public employer, who	11158
responsibly directs the implementation of policy, or who may	11159
reasonably be required on behalf of the public employer to assist	11160
in the preparation for the conduct of collective negotiations,	11161
administer collectively negotiated agreements, or have a major	11162
role in personnel administration. Assistant superintendents,	11163
principals, and assistant principals whose employment is governed	11164
by section 3319.02 of the Revised Code are management level	11165
employees. With respect to members of a faculty of a state	11166
institution of higher education, no person is a management level	11167
employee because of the person's involvement in the formulation or	11168
implementation of academic or institution policy.	11169

(M) "Wages" means hourly rates of pay, salaries, or other	11170
forms of compensation for services rendered.	11171

(N) "Member of a police department" means a person who is in	11172
the employ of a police department of a municipal corporation as a	11173
full-time regular police officer as the result of an appointment	11174
from a duly established civil service eligibility list or under	11175
section 737.15 or 737.16 of the Revised Code, a full-time deputy	11176
sheriff appointed under section 311.04 of the Revised Code, a	11177
township constable appointed under section 509.01 of the Revised	11178
Code, or a member of a township police district police department	11179
appointed under section 505.49 of the Revised Code.	11180

(O) "Members of the state highway patrol" means highway	11181
patrol troopers and radio operators appointed under section	11182
5503.01 of the Revised Code.	11183

(P) "Member of a fire department" means a person who is in	11184
the employ of a fire department of a municipal corporation or a	11185
township as a fire cadet, full-time regular firefighter, or	11186
promoted rank as the result of an appointment from a duly	11187
established civil service eligibility list or under section	11188
505.38, 709.012, or 737.22 of the Revised Code.	11189

(Q) "Day" means calendar day.

11190

Sec. 4117.09. (A) The parties to any collective bargaining	11191
agreement shall reduce the agreement to writing and both execute	11192
it.	11193

(B) The agreement shall contain a provision that:

11194

(1) Provides for a grievance procedure which may culminate	11195
with final and binding arbitration of unresolved grievances, and	11196
disputed interpretations of agreements, and which is valid and	11197
enforceable under its terms when entered into in accordance with	11198
this chapter. No publication thereof is required to make it	11199
effective. A party to the agreement may bring suits for violation	11200
of agreements or the enforcement of an award by an arbitrator in	11201
the court of common pleas of any county wherein a party resides or	11202
transacts business.	11203

(2) Authorizes the public employer to deduct the periodic	11204
dues, initiation fees, and assessments of members of the exclusive	11205
representative upon presentation of a written deduction	11206
authorization by the employee.	11207

(C) The agreement may contain a provision that requires as a	11208
condition of employment, on or after a mutually agreed upon	11209
probationary period or sixty days following the beginning of	11210
employment, whichever is less, or the effective date of a	11211
collective bargaining agreement, whichever is later, that the	11212
employees in the unit who are not members of the employee	11213
organization pay to the employee organization a fair share fee.	11214
The arrangement does not require any employee to become a member	11215
of the employee organization, nor shall fair share fees exceed	11216
dues paid by members of the employee organization who are in the	11217
same bargaining unit. Any public employee organization	11218
representing public employees pursuant to this chapter shall	11219
prescribe an internal procedure to determine a rebate, if any, for	11220
nonmembers which conforms to federal law, provided a nonmember	11221
makes a timely demand on the employee organization. Absent	11222
arbitrary and capricious action, such determination is conclusive	11223
on the parties except that a challenge to the determination may be	11224
filed with the state employment relations board within thirty days	11225
of the determination date specifying the arbitrary or capricious	11226
nature of the determination and the board shall review the rebate	11227
determination and decide whether it was arbitrary or capricious.	11228
The deduction of a fair share fee by the public employer from the	11229
payroll check of the employee and its payment to the employee	11230
organization is automatic and does not require the written	11231
authorization of the employee.	11232

The internal rebate procedure shall provide for a rebate of	11233
expenditures in support of partisan politics or ideological causes	11234
not ~~germaine~~germane to the work of employee organizations in the	11235
realm of collective bargaining.	11236

Any public employee who is a member of and adheres to	11237
established and traditional tenets or teachings of a bona fide	11238
religion or religious body which has historically held	11239
conscientious objections to joining or financially supporting an	11240
employee organization and which is exempt from taxation under the	11241
provisions of the Internal Revenue Code shall not be required to	11242
join or financially support any employee organization as a	11243
condition of employment. Upon submission of proper proof of	11244
religious conviction to the board, the board shall declare the	11245
employee exempt from becoming a member of or financially	11246
supporting an employee organization. The employee shall be	11247
required, in lieu of the fair share fee, to pay an amount of money	11248
equal to the fair share fee to a nonreligious charitable fund	11249
exempt from taxation under section 501(c)(3) of the Internal	11250
Revenue Code mutually agreed upon by the employee and the	11251
representative of the employee organization to which the employee	11252
would otherwise be required to pay the fair share fee. The	11253
employee shall furnish to the employee organization written	11254
receipts evidencing such payment, and failure to make the payment	11255
or furnish the receipts shall subject the employee to the same	11256
sanctions as would nonpayment of dues under the applicable	11257
collective bargaining agreement.	11258

No public employer shall agree to a provision requiring that	11259
a public employee become a member of an employee organization as a	11260
condition for securing or retaining employment.	11261

(D) As used in this division, "teacher" means any employee of	11262
a school district certified to teach in the public schools of this	11263
state.	11264

The agreement may contain a provision that provides for a	11265
peer review plan under which teachers in a bargaining unit or	11266
representatives of an employee organization representing teachers	11267
may, for other teachers of the same bargaining unit or teachers	11268
whom the employee organization represents, participate in	11269
assisting, instructing, reviewing, evaluating, or appraising and	11270
make recommendations or participate in decisions with respect to	11271
the retention, discharge, renewal, or nonrenewal of, the teachers	11272
covered by a peer review plan.	11273

The participation of teachers or their employee organization	11274
representative in a peer review plan permitted under this division	11275
shall not be construed as an unfair labor practice under this	11276
chapter or as a violation of any other provision of law or rule	11277
adopted pursuant thereto.	11278

(E) No agreement shall contain an expiration date that is	11279
later than three years from the date of execution. The parties may	11280
extend any agreement, but the extensions do not affect the	11281
expiration date of the original agreement.	11282

(F) As used in this division, "township" means a public	11283
employer as defined in division (B)(2) of section 4117.01 of the	11284
Revised Code.	11285

An agreement entered into between a township and an employee	11286
organization representing the members of the township's fire	11287
department shall contain a provision stating that if any	11288
incorporated municipal corporations located within the township	11289
elect to no longer receive fire protection through the township,	11290
and as a result the population served by that township's fire	11291
department becomes less than five thousand according to the most	11292
recent federal decennial census, the township, at the township's	11293
option, may terminate the agreement entered into between the	11294
township and the employee organization.	11295

Sec. 4117.14. (A) The procedures contained in this section	11296
govern the settlement of disputes between an exclusive	11297
representative and a public employer concerning the termination or	11298
modification of an existing collective bargaining agreement or	11299
negotiation of a successor agreement, or the negotiation of an	11300
initial collective bargaining agreement.	11301

(B)(1) In those cases where there exists a collective	11302
bargaining agreement, any public employer or exclusive	11303
representative desiring to terminate, modify, or negotiate a	11304
successor collective bargaining agreement shall:	11305

(a) Serve written notice upon the other party of the proposed	11306
termination, modification, or successor agreement. The party must	11307
serve the notice not less than sixty days prior to the expiration	11308
date of the existing agreement or, in the event the existing	11309
collective bargaining agreement does not contain an expiration	11310
date, not less than sixty days prior to the time it is proposed to	11311
make the termination or modifications or to make effective a	11312
successor agreement.	11313

(b) Offer to bargain collectively with the other party for	11314
the purpose of modifying or terminating any existing agreement or	11315
negotiating a successor agreement;	11316

(c) Notify the state employment relations board of the offer	11317
by serving upon the board a copy of the written notice to the	11318
other party and a copy of the existing collective bargaining	11319
agreement.	11320

(2) In the case of initial negotiations between a public	11321
employer and an exclusive representative, where a collective	11322
bargaining agreement has not been in effect between the parties,	11323
any party may serve notice upon the board and the other party	11324
setting forth the names and addresses of the parties and offering	11325
to meet, for a period of ninety days, with the other party for the	11326
purpose of negotiating a collective bargaining agreement.	11327

If the settlement procedures specified in divisions (B), (C),	11328
and (D) of this section govern the parties, where those procedures	11329
refer to the expiration of a collective bargaining agreement, it	11330
means the expiration of the sixty-day period to negotiate a	11331
collective bargaining agreement referred to in this subdivision,	11332
or in the case of initial negotiations, it means the ninety day	11333
period referred to in this subdivision.	11334

(3) The parties shall continue in full force and effect all	11335
the terms and conditions of any existing collective bargaining	11336
agreement, without resort to strike or lock-out, for a period of	11337
sixty days after the party gives notice or until the expiration	11338
date of the collective bargaining agreement, whichever occurs	11339
later, or for a period of ninety days where applicable.	11340

(4) Upon receipt of the notice, the parties shall enter into	11341
collective bargaining.	11342

(C) In the event the parties are unable to reach an	11343
agreement, they may submit, at any time prior to forty-five days	11344
before the expiration date of the collective bargaining agreement,	11345
the issues in dispute to any mutually agreed upon dispute	11346
settlement procedure which supersedes the procedures contained in	11347
this section.	11348

(1) The procedures may include:

11349

(a) Conventional arbitration of all unsettled issues;

11350

(b) Arbitration confined to a choice between the last offer	11351
of each party to the agreement as a single package;	11352

(c) Arbitration confined to a choice of the last offer of	11353
each party to the agreement on each issue submitted;	11354

(d) The procedures described in division (C)(1)(a), (b), or	11355
(c) of this section and including among the choices for the	11356
arbitrator, the recommendations of the fact finder, if there are	11357
recommendations, either as a single package or on each issue	11358
submitted;	11359

(e) Settlement by a citizens' conciliation council composed	11360
of three residents within the jurisdiction of the public employer.	11361
The public employer shall select one member and the exclusive	11362
representative shall select one member. The two members selected	11363
shall select the third member who shall chair the council. If the	11364
two members cannot agree upon a third member within five days	11365
after their appointments, the board shall appoint the third	11366
member. Once appointed, the council shall make a final settlement	11367
of the issues submitted to it pursuant to division (G) of this	11368
section.	11369

(f) Any other dispute settlement procedure mutually agreed to	11370
by the parties.	11371

(2) If, fifty days before the expiration date of the	11372
collective bargaining agreement, the parties are unable to reach	11373
an agreement, any party may request the state employment relations	11374
board to intervene. The request shall set forth the names and	11375
addresses of the parties, the issues involved, and, if applicable,	11376
the expiration date of any agreement.	11377

The board shall intervene and investigate the dispute to	11378
determine whether the parties have engaged in collective	11379
bargaining.	11380

If an impasse exists or forty-five days before the expiration	11381
date of the collective bargaining agreement if one exists, the	11382
board shall appoint a mediator to assist the parties in the	11383
collective bargaining process.	11384

(3) Any time after the appointment of a mediator, either	11385
party may request the appointment of a fact-finding panel. Within	11386
fifteen days after receipt of a request for a fact-finding panel,	11387
the board shall appoint a fact-finding panel of not more than	11388
three members who have been selected by the parties in accordance	11389
with rules established by the board, from a list of qualified	11390
persons maintained by the board.	11391

(a) The fact-finding panel shall, in accordance with rules	11392
and procedures established by the board that include the	11393
regulation of costs and expenses of fact-finding, gather facts and	11394
make recommendations for the resolution of the matter. The board	11395
shall by its rules require each party to specify in writing the	11396
unresolved issues and its position on each issue to the	11397
fact-finding panel. The fact-finding panel shall make final	11398
recommendations as to all the unresolved issues.	11399

(b) The board may continue mediation, order the parties to	11400
engage in collective bargaining until the expiration date of the	11401
agreement, or both.	11402

(4) The following guidelines apply to fact-finding:

11403

(a) The fact-finding panel may establish times and place of	11404
hearings which shall be, where feasible, in the jurisdiction of	11405
the state.	11406

(b) The fact-finding panel shall conduct the hearing pursuant	11407
to rules established by the board.	11408

(c) Upon request of the fact-finding panel, the board shall	11409
issue subpoenas for hearings conducted by the panel.	11410

(d) The fact-finding panel may administer oaths.

11411

(e) The board shall prescribe guidelines for the fact-finding	11412
panel to follow in making findings. In making its recommendations,	11413
the fact-finding panel shall take into consideration the factors	11414
listed in divisions (G)(7)(a) to (f) of this section.	11415

(f) The fact-finding panel may attempt mediation at any time	11416
during the fact-finding process. From the time of appointment	11417
until the fact-finding panel makes a final recommendation, it	11418
shall not discuss the recommendations for settlement of the	11419
dispute with parties other than the direct parties to the dispute.	11420

(5) The fact-finding panel, acting by a majority of its	11421
members, shall transmit its findings of fact and recommendations	11422
on the unresolved issues to the public employer and employee	11423
organization involved and to the board no later than fourteen days	11424
after the appointment of the fact-finding panel, unless the	11425
parties mutually agree to an extension. The parties shall share	11426
the cost of the fact-finding panel in a manner agreed to by the	11427
parties.	11428

(6)(a) Not later than seven days after the findings and	11429
recommendations are sent, the legislative body, by a three-fifths	11430
vote of its total membership, and in the case of the public	11431
employee organization, the membership, by a three-fifths vote of	11432
the total membership, may reject the recommendations; if neither	11433
rejects the recommendations, the recommendations shall be deemed	11434
agreed upon as the final resolution of the issues submitted and a	11435
collective bargaining agreement shall be executed between the	11436
parties, including the fact-finding panel's recommendations,	11437
except as otherwise modified by the parties by mutual agreement.	11438
If either the legislative body or the public employee organization	11439
rejects the recommendations, the board shall publicize the	11440
findings of fact and recommendations of the fact-finding panel.	11441
The board shall adopt rules governing the procedures and methods	11442
for public employees to vote on the recommendations of the	11443
fact-finding panel.	11444

(b) As used in division (C)(6)(a) of this section,	11445
"legislative body" means the controlling board when the state or	11446
any of its agencies, authorities, commissions, boards, or other	11447
branch of public employment is party to the fact-finding process.	11448

(D) If the parties are unable to reach agreement within seven	11449
days after the publication of findings and recommendations from	11450
the fact-finding panel or the collective bargaining agreement, if	11451
one exists, has expired, then the:	11452

(1) Public employees, who are members of a police or fire	11453
department, members of the state highway patrol, deputy sheriffs,	11454
dispatchers employed by a police, fire or sheriff's department or	11455
the state highway patrol or civilian dispatchers employed by a	11456
public employer other than a police, fire, or sheriff's department	11457
to dispatch police, fire, sheriff's department, or emergency	11458
medical or rescue personnel and units, an exclusive nurse's unit,	11459
employees of the state school for the deaf or the state school for	11460
the blind, employees of any public employee retirement system,	11461
corrections officers, guards at penal or mental institutions,	11462
special police officers appointed in accordance with sections	11463
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	11464
employed at mental health forensic facilities, or youth leaders	11465
employed at juvenile correctional facilities, or members of a law	11466
enforcement security force that is established and maintained	11467
exclusively by a board of county commissioners and whose members	11468
are employed by that board, shall submit the matter to a final	11469
offer settlement procedure pursuant to a board order issued	11470
forthwith to the parties to settle by a conciliator selected by	11471
the parties. The parties shall request from the board a list of	11472
five qualified conciliators and the parties shall select a single	11473
conciliator from the list by alternate striking of names. If the	11474
parties cannot agree upon a conciliator within five days after the	11475
board order, the board shall on the sixth day after its order	11476
appoint a conciliator from a list of qualified persons maintained	11477
by the board or shall request a list of qualified conciliators	11478
from the American arbitration association and appoint therefrom.	11479

(2) Public employees other than those listed in division	11480
(D)(1) of this section have the right to strike under Chapter	11481
4117. of the Revised Code provided that the employee organization	11482
representing the employees has given a ten-day prior written	11483
notice of an intent to strike to the public employer and to the	11484
board, and further provided that the strike is for full,	11485
consecutive work days and the beginning date of the strike is at	11486
least ten work days after the ending date of the most recent prior	11487
strike involving the same bargaining unit; however, the board, at	11488
its discretion, may attempt mediation at any time.	11489

(E) Nothing in this section shall be construed to prohibit	11490
the parties, at any time, from voluntarily agreeing to submit any	11491
or all of the issues in dispute to any other alternative dispute	11492
settlement procedure. An agreement or statutory requirement to	11493
arbitrate or to settle a dispute pursuant to a final offer	11494
settlement procedure and the award issued in accordance with the	11495
agreement or statutory requirement is enforceable in the same	11496
manner as specified in division (B) of section 4117.09 of the	11497
Revised Code.	11498

(F) Nothing in this section shall be construed to prohibit a	11499
party from seeking enforcement of a collective bargaining	11500
agreement or a conciliator's award as specified in division (B) of	11501
section 4117.09 of the Revised Code.	11502

(G) The following guidelines apply to final offer settlement	11503
proceedings under division (D)(1) of this section:	11504

(1) The parties shall submit to final offer settlement those	11505
issues that are subject to collective bargaining as provided by	11506
section 4117.08 of the Revised Code and upon which the parties	11507
have not reached agreement and other matters mutually agreed to by	11508
the public employer and the exclusive representative; except that	11509
the conciliator may attempt mediation at any time.	11510

(2) The conciliator shall hold a hearing within thirty days	11511
of the board's order to submit to a final offer settlement	11512
procedure, or as soon thereafter as is practicable.	11513

(3) The conciliator shall conduct the hearing pursuant to	11514
rules developed by the board. The conciliator shall establish the	11515
hearing time and place, but it shall be, where feasible, within	11516
the jurisdiction of the state. Not later than five calendar days	11517
before the hearing, each of the parties shall submit to the	11518
conciliator, to the opposing party, and to the board, a written	11519
report summarizing the unresolved issues, the party's final offer	11520
as to the issues, and the rationale for that position.	11521

(4) Upon the request by the conciliator, the board shall	11522
issue subpoenas for the hearing.	11523

(5) The conciliator may administer oaths.

11524

(6) The conciliator shall hear testimony from the parties and	11525
provide for a written record to be made of all statements at the	11526
hearing. The board shall submit for inclusion in the record and	11527
for consideration by the conciliator the written report and	11528
recommendation of the fact-finders.	11529

(7) After hearing, the conciliator shall resolve the dispute	11530
between the parties by selecting, on an issue-by-issue basis, from	11531
between each of the party's final settlement offers, taking into	11532
consideration the following:	11533

(a) Past collectively bargained agreements, if any, between	11534
the parties;	11535

(b) Comparison of the issues submitted to final offer	11536
settlement relative to the employees in the bargaining unit	11537
involved with those issues related to other public and private	11538
employees doing comparable work, giving consideration to factors	11539
peculiar to the area and classification involved;	11540

(c) The interests and welfare of the public, the ability of	11541
the public employer to finance and administer the issues proposed,	11542
and the effect of the adjustments on the normal standard of public	11543
service;	11544

(d) The lawful authority of the public employer;

11545

(e) The stipulations of the parties;

11546

(f) Such other factors, not confined to those listed in this	11547
section, which are normally or traditionally taken into	11548
consideration in the determination of the issues submitted to	11549
final offer settlement through voluntary collective bargaining,	11550
mediation, fact-finding, or other impasse resolution procedures in	11551
the public service or in private employment.	11552

(8) Final offer settlement awards made under Chapter 4117. of	11553
the Revised Code are subject to Chapter 2711. of the Revised Code.	11554

(9) If more than one conciliator is used, the determination	11555
must be by majority vote.	11556

(10) The conciliator shall make written findings of fact and	11557
promulgate a written opinion and order upon the issues presented	11558
to the conciliator, and upon the record made before the	11559
conciliator and shall mail or otherwise deliver a true copy	11560
thereof to the parties and the board.	11561

(11) Increases in rates of compensation and other matters	11562
with cost implications awarded by the conciliator may be effective	11563
only at the start of the fiscal year next commencing after the	11564
date of the final offer settlement award; provided that if a new	11565
fiscal year has commenced since the issuance of the board order to	11566
submit to a final offer settlement procedure, the awarded	11567
increases may be retroactive to the commencement of the new fiscal	11568
year. The parties may, at any time, amend or modify a	11569
conciliator's award or order by mutual agreement.	11570

(12) The parties shall bear equally the cost of the final	11571
offer settlement procedure.	11572

(13) Conciliators appointed pursuant to this section shall be	11573
residents of the state.	11574

(H) All final offer settlement awards and orders of the	11575
conciliator made pursuant to Chapter 4117. of the Revised Code are	11576
subject to review by the court of common pleas having jurisdiction	11577
over the public employer as provided in Chapter 2711. of the	11578
Revised Code. If the public employer is located in more than one	11579
court of common pleas district, the court of common pleas in which	11580
the principal office of the chief executive is located has	11581
jurisdiction.	11582

(I) The issuance of a final offer settlement award	11583
constitutes a binding mandate to the public employer and the	11584
exclusive representative to take whatever actions are necessary to	11585
implement the award.	11586

Sec. 4117.15. (A) Whenever a strike by members of a police	11587
or fire department, members of the state highway patrol, deputy	11588
sheriffs, dispatchers employed by a police, fire or sheriff's	11589
department or the state highway patrol or civilian dispatchers	11590
employed by a public employer other than a police, fire, or	11591
sheriff's department to dispatch police, fire, sheriff's	11592
department, or emergency medical or rescue personnel and units, an	11593
exclusive nurse's unit, employees of the state school for the deaf	11594
or the state school for the blind, employees of any public	11595
employee retirement system, correction officers, guards at penal	11596
or mental institutions, or special ~~policemen or policewomen~~police	11597
officers appointed in accordance with sections 5119.14 and 5123.13	11598
of the Revised Code, psychiatric attendants employed at mental	11599
health forensic facilities, youth leaders employed at juvenile	11600
correctional facilities, or members of a law enforcement security	11601
force that is established and maintained exclusively by a board of	11602
county commissioners and whose members are employed by that board,	11603
a strike by other public employees during the pendency of the	11604
settlement procedures set forth in section 4117.14 of the Revised	11605
Code, or a strike during the term or extended term of a collective	11606
bargaining agreement occurs, the public employer may seek an	11607
injunction against the strike in the court of common pleas of the	11608
county in which the strike is located.	11609

(B) An unfair labor practice by a public employer is not a	11610
defense to the injunction proceeding noted in division (A) of this	11611
section. Allegations of unfair labor practices during the	11612
settlement procedures set forth in section 4117.14 of the Revised	11613
Code shall receive priority by the state employment relations	11614
board.	11615

(C) No public employee is entitled to pay or compensation	11616
from the public employer for the period engaged in any strike.	11617

Sec. 4123.26. Every employer shall keep records of, and	11618
furnish to the bureau of workers' compensation upon request, all	11619
information required by the administrator of workers' compensation	11620
to carry out this chapter. In January of each year, every employer	11621
of the state employing one or more employees regularly in the same	11622
business, or in or about the same establishment, shall prepare and	11623
mail to the bureau at its main office in Columbus a statement	11624
containing the following information, as applicable:	11625

(A) The number of employees employed during the preceding	11626
year from the first day of January through the thirty-first day of	11627
December;	11628

(B) The number of such employees employed at each kind of	11629
employment and the aggregate amount of wages paid to such	11630
employees;	11631

(C) In accordance with the rules adopted by the administrator	11632
pursuant to division (D) of section 4123.32 of the Revised Code,	11633
if the employer employs employees who are covered under the	11634
federal "Longshore and Harbor Workers' Compensation Act," 98 Stat.	11635
1639, 33 U.S.C. 901 et seq., and under this chapter and Chapter	11636
4121. of the Revised Code, both of the following amounts:	11637

(1) The amount of wages the employer pays to those employees	11638
when the employees perform labor and provide services for which	11639
the employees are eligible to receive compensation and benefits	11640
under the federal "Longshore and Harbor Workers' Compensation	11641
Act;"	11642

(2) The amount of wages the employer pays to those employees	11643
when the employees perform labor and provide services for which	11644
the employees are eligible to receive compensation and benefits	11645
under this chapter and Chapter 4121. of the Revised Code.	11646

The information shall be furnished on a blank to be prepared	11647
by the bureau. The bureau shall furnish the blanks to employers	11648
free of charge upon request therefor. Every employer receiving	11649
from the bureau any blank, with directions to fill out the same,	11650
shall cause the same to be properly filled out so as to answer	11651
fully and correctly all questions therein propounded, and give all	11652
the information therein sought, or if unable to do so, hethe	11653
employer shall give to the bureau in writing good and sufficient	11654
reasons for such failure. The bureau may require that the	11655
information required to be furnished be verified under oath and	11656
returned to the bureau within the period fixed by it or by law.	11657
The bureau or any person employed by the bureau for that purpose,	11658
may examine, under oath, any employer, or the officer, agent, or	11659
employee thereof, for the purpose of ascertaining any information	11660
which the employer is required to furnish to the bureau.	11661

No employer shall fail to furnish to the bureau the annual	11662
statement required by this section, nor shall any employer fail to	11663
keep records of or furnish such other information as may be	11664
required by the bureau under this section.	11665

Whoever violates this section shall forfeit five hundred	11666
dollars, to be collected in a civil action brought against the	11667
employer in the name of the state, to be paid into the state	11668
insurance fund and become a part thereof.	11669

Sec. 4123.32. The administrator of workers' compensation,	11670
with the advice and consent of the bureau of workers' compensation	11671
board of directors, shall adopt rules with respect to the	11672
collection, maintenance, and disbursements of the state insurance	11673
fund including all of the following:	11674

(A) A rule providing that the premium security deposit	11675
collected from any employer entitles the employer to the benefits	11676
of this chapter for the remainder of the six months and also for	11677
an additional adjustment period of two months, and, thereafter, if	11678
the employer pays the premium due at the close of any six-month	11679
period, coverage shall be extended for an additional eight-month	11680
period beginning from the end of the six-month period for which	11681
the employer pays the premium due;	11682

(B) A rule providing for ascertaining the correctness of any	11683
employer's report of estimated or actual expenditure of wages and	11684
the determination and adjustment of proper premiums and the	11685
payment of those premiums by the employer for or during any period	11686
less than eight months and notwithstanding any payment or	11687
determination of premium made when exceptional conditions or	11688
circumstances in the judgment of the administrator justify the	11689
action;	11690

(C) Such special rules as the administrator considers	11691
necessary to safeguard the fund and that are just in the	11692
circumstances, covering the rates to be applied where one employer	11693
takes over the occupation or industry of another or where an	11694
employer first makes application for state insurance, and the	11695
administrator may require that if any employer transfers a	11696
business in whole or in part or otherwise reorganizes the	11697
business, the successor in interest shall assume, in proportion to	11698
the extent of the transfer, as determined by the administrator,	11699
the employer's account and shall continue the payment of all	11700
contributions due under this chapter;	11701

(D) A rule providing that an employer who employs an employee	11702
covered under the federal "Longshore and Harbor Workers'	11703
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	11704
chapter and Chapter 4121. of the Revised Code shall be assessed	11705
a premium in accordance with the expenditure of wages, payroll,	11706
or both attributable to only labor performed and services	11707
provided by such an employee when the employee performs labor	11708
and provides services for which the employee is not eligible to	11709
receive compensation and benefits under that federal act.	11710

(E) A rule providing for all of the following:

11711

(1) If, within two months immediately after the expiration of	11712
the six-month period, an employer fails to file a report of the	11713
employer's actual payroll expenditures for the period, the premium	11714
found to be due from the employer for the period shall be	11715
increased in an amount equal to one per cent of the premium, but	11716
the increase shall not be less than three nor more than fifteen	11717
dollars;	11718

(2) The premium determined by the administrator to be due	11719
from an employer shall be payable on or before the end of the	11720
coverage period established by the premium security deposit, or	11721
within the time specified by the administrator if the period for	11722
which the advance premium has been paid is less than eight months.	11723
If an employer fails to pay the premium when due, the	11724
administrator may add a late fee penalty of not more than thirty	11725
dollars to the premium plus an additional penalty amount as	11726
follows:	11727

(a) For a premium from sixty-one to ninety days past due,	11728
the prime interest rate, multiplied by the premium due;	11729

(b) For a premium from ninety-one to one hundred twenty days	11730
past due, the prime interest rate plus two per cent, multiplied by	11731
the premium due;	11732

(c) For a premium from one hundred twenty-one to one hundred	11733
fifty days past due, the prime interest rate plus four per cent,	11734
multiplied by the premium due;	11735

(d) For a premium from one hundred fifty-one to one hundred	11736
eighty days past due, the prime interest rate plus six per cent,	11737
multiplied by the premium due;	11738

(e) For a premium from one hundred eighty-one to two hundred	11739
ten days past due, the prime interest rate plus eight per cent,	11740
multiplied by the premium due;	11741

(f) For each additional thirty-day period or portion thereof	11742
that a premium remains past due after it has remained past due for	11743
more than two hundred ten days, the prime interest rate plus eight	11744
per cent, multiplied by the premium due.	11745

(3) Notwithstanding the interest rates specified in division	11746
~~(D)~~(E)(2) of this section, at no time shall the additional penalty	11747
amount assessed under division ~~(D)~~(E)(2) of this section exceed	11748
fifteen per cent of the premium due.	11749

(4) An employer may appeal a late fee penalty or additional	11750
penalty to an adjudicating committee pursuant to section 4123.291	11751
of the Revised Code.	11752

For purposes of division ~~(D)~~(E) of this section, "prime	11753
interest rate" means the average bank prime rate, and the	11754
administrator shall determine the prime interest rate in the same	11755
manner as a county auditor determines the average bank prime rate	11756
under section 929.02 of the Revised Code.	11757

(5) If the employer files an appropriate payroll report,	11758
within the time provided by law or within the time specified by	11759
the administrator if the period for which the employer paid an	11760
estimated premium is less than eight months, the employer shall	11761
not be in default and division ~~(D)~~(E)(2) of this section shall not	11762
apply if the employer pays the premiums within fifteen days after	11763
being first notified by the administrator of the amount due.	11764

(6) Any deficiencies in the amounts of the premium security	11765
deposit paid by an employer for any period shall be subject to an	11766
interest charge of six per cent per annum from the date the	11767
premium obligation is incurred. In determining the interest due on	11768
deficiencies in premium security deposit payments, a charge in	11769
each case shall be made against the employer in an amount equal to	11770
interest at the rate of six per cent per annum on the premium	11771
security deposit due but remaining unpaid sixty days after notice	11772
by the administrator.	11773

(7) Any interest charges or penalties provided for in	11774
divisions ~~(D)~~(E)(2) and (6) of this section shall be credited to	11775
the employer's account for rating purposes in the same manner as	11776
premiums.	11777

~~(E)~~(F) A rule providing that each employer, on the occasion	11778
of instituting coverage under this chapter, shall submit a premium	11779
security deposit. The deposit shall be calculated equivalent to	11780
thirty per cent of the semiannual premium obligation of the	11781
employer based upon the employer's estimated expenditure for wages	11782
for the ensuing six-month period plus thirty per cent of an	11783
additional adjustment period of two months but only up to a	11784
maximum of one thousand dollars and not less than ten dollars. The	11785
administrator shall review the security deposit of every employer	11786
who has submitted a deposit which is less than the	11787
one-thousand-dollar maximum. The administrator may require any	11788
such employer to submit additional money up to the maximum of one	11789
thousand dollars that, in the administrator's opinion, reflects	11790
the employer's current payroll expenditure for an eight-month	11791
period.	11792

~~(F)~~(G) A rule providing that each employer, on the occasion	11793
of instituting coverage under this chapter, shall submit an	11794
application for coverage that completely provides all of the	11795
information required for the administrator to establish coverage	11796
for that employer, and that the employer's failure to provide all	11797
of the information completely may be grounds for the administrator	11798
to deny coverage for that employer.	11799

~~(G)~~(H) A rule providing that, in addition to any other	11800
remedies permitted in this chapter, the administrator may	11801
discontinue an employer's coverage if the employer fails to pay	11802
the premium due on or before the premium's due date.	11803

~~(H)~~(I) A rule providing that if after a final adjudication it	11804
is determined that an employer has failed to pay an obligation,	11805
billing, account, or assessment that is greater than one thousand	11806
dollars on or before its due date, the administrator may	11807
discontinue the employer's coverage in addition to any other	11808
remedies permitted in this chapter, and that the administrator	11809
shall not discontinue an employer's coverage pursuant to this	11810
division prior to a final adjudication regarding the employer's	11811
failure to pay such obligation, billing, account, or assessment on	11812
or before its due date.	11813

~~(I)~~(J) As used in divisions ~~(G) and~~ (H) and (I) of this	11814
section:	11815

(1) "Employer" has the same meaning as in division (B) of	11816
section 4123.01 of the Revised Code except that "employer" does	11817
not include the state, a state hospital, or a state university or	11818
college.	11819

(2) "State university or college" has the same meaning as in	11820
section 3345.12 of the Revised Code and also includes the Ohio	11821
agricultural research and development center and the Ohio state	11822
university cooperative extension service.	11823

(3) "State hospital" means the Ohio state university hospital	11824
and its ancillary facilities and the medical university of Ohio at	11825
Toledo hospital.	11826

Sec. 4123.37. In this section "amenable employer" has the	11827
same meaning as "employer" as defined in division ~~(O)~~(J) of	11828
section 4123.32 of the Revised Code.	11829

If the administrator of workers' compensation finds that any	11830
person, firm, or private corporation, including any public service	11831
corporation, is, or has been at any time after January 1, 1923, an	11832
amenable employer and has not complied with section 4123.35 of the	11833
Revised Code the administrator shall determine the period during	11834
which the person, firm, or corporation was an amenable employer	11835
and shall forthwith give notice of the determination to the	11836
employer. Within twenty days thereafter the employer shall furnish	11837
the bureau with the payroll covering the period included in the	11838
determination and, if the employer is an amenable employer at the	11839
time of the determination, shall pay a premium security deposit	11840
for the eight months next succeeding the date of the determination	11841
and shall pay into the state insurance fund the amount of premium	11842
applicable to such payroll.	11843

If the employer does not furnish the payroll and pay the	11844
applicable premium and premium security deposit within the twenty	11845
days, the administrator shall forthwith make an assessment of the	11846
premium due from the employer for the period the administrator	11847
determined the employer to be an amenable employer including the	11848
premium security deposit according to section 4123.32 of the	11849
Revised Code if the employer is an amenable employer at the time	11850
of the determination, basing the assessment upon the information	11851
in the possession of the administrator.	11852

The administrator shall give to the employer assessed written	11853
notice of the assessment. The notice shall be mailed to the	11854
employer at the employer's residence or usual place of business by	11855
certified mail. Unless the employer to whom the notice of	11856
assessment is directed files with the bureau within twenty days	11857
after receipt thereof, a petition in writing, verified under oath	11858
by the employer, or the employer's authorized agent having	11859
knowledge of the facts, setting forth with particularity the items	11860
of the assessment objected to, together with the reason for the	11861
objections, the assessment shall become conclusive and the amount	11862
thereof shall be due and payable from the employer so assessed to	11863
the state insurance fund. When a petition objecting to an	11864
assessment is filed the bureau shall assign a time and place for	11865
the hearing of the same and shall notify the petitioner thereof by	11866
certified mail. When an employer files a petition the assessment	11867
made by the administrator shall become due and payable ten days	11868
after notice of the finding made at the hearing has been sent by	11869
certified mail to the party assessed. An appeal may be taken from	11870
any finding to the court of common pleas of Franklin county upon	11871
the execution by the party assessed of a bond to the state in	11872
double the amount found due and ordered paid by the bureau	11873
conditioned that the party will pay any judgment and costs	11874
rendered against it for the premium.	11875

When no petition objecting to an assessment is filed or when	11876
a finding is made affirming or modifying an assessment after	11877
hearing, a certified copy of the assessment as affirmed or	11878
modified may be filed by the administrator in the office of the	11879
clerk of the court of common pleas in any county in which the	11880
employer has property or in which the employer has a place of	11881
business. The clerk, immediately upon the filing of the	11882
assessment, shall enter a judgment for the state against the	11883
employer in the amount shown on the assessment. The judgment may	11884
be filed by the clerk in a loose leaf book entitled "special	11885
judgments for state insurance fund." The judgment shall bear the	11886
same rate of interest, have the same effect as other judgments,	11887
and be given the same preference allowed by law on other judgments	11888
rendered for claims for taxes. An assessment or judgment under	11889
this section shall not be a bar to the adjustment of the	11890
employer's account upon the employer furnishing the employer's	11891
payroll records to the bureau.	11892

The administrator, for good cause shown, may waive a default	11893
in the payment of premium where the default is of less than sixty	11894
days' duration, and upon payment by the employer of the premium	11895
for the period, the employer and the employer's employees are	11896
entitled to all of the benefits and immunities provided by this	11897
chapter.	11898

Sec. 4123.54. (A) ~~Every~~Except as otherwise provided in	11899
division (I) of this section, every employee, who is injured or	11900
who contracts an occupational disease, and the dependents of each	11901
employee who is killed, or dies as the result of an occupational	11902
disease contracted in the course of employment, wherever such	11903
injury has occurred or occupational disease has been contracted,	11904
provided the same were not:	11905

(1) Purposely self-inflicted; or

11906

(2) Caused by the employee being intoxicated or under the	11907
influence of a controlled substance not prescribed by a physician	11908
where the intoxication or being under the influence of the	11909
controlled substance not prescribed by a physician was the	11910
proximate cause of the injury, is entitled to receive, either	11911
directly from the employee's self-insuring employer as provided in	11912
section 4123.35 of the Revised Code, or from the state insurance	11913
fund, the compensation for loss sustained on account of the	11914
injury, occupational disease, or death, and the medical, nurse,	11915
and hospital services and medicines, and the amount of funeral	11916
expenses in case of death, as are provided by this chapter.	11917

(B) For the purpose of this section, provided that an	11918
employer has posted written notice to employees that the results	11919
of, or the employee's refusal to submit to, any chemical test	11920
described under this division may affect the employee's	11921
eligibility for compensation and benefits pursuant to this chapter	11922
and Chapter 4121. of the Revised Code, there is a rebuttable	11923
presumption that an employee is intoxicated or under the influence	11924
of a controlled substance not prescribed by the employee's	11925
physician and that being intoxicated or under the influence of a	11926
controlled substance not prescribed by the employee's physician is	11927
the proximate cause of an injury under either of the following	11928
conditions:	11929

(1) When any one or more of the following is true:

11930

(a) The employee, through a qualifying chemical test	11931
administered within eight hours of an injury, is determined to	11932
have an alcohol concentration level equal to or in excess of the	11933
levels established in divisions (A)(1)(b) to (i) of section	11934
4511.19 of the Revised Code;	11935

(b) The employee, through a qualifying chemical test	11936
administered within thirty-two hours of an injury, is determined	11937
to have one of the following controlled substances not prescribed	11938
by the employee's physician in the employee's system that tests	11939
above the following levels in an enzyme multiplied immunoassay	11940
technique screening test and above the levels established in	11941
division (B)(1)(c) of this section in a gas chromatography mass	11942
spectrometry test:	11943

(i) For amphetamines, one thousand nanograms per milliliter	11944
of urine;	11945

(ii) For cannabinoids, fifty nanograms per milliliter of	11946
urine;	11947

(iii) For cocaine, including crack cocaine, three hundred	11948
nanograms per milliliter of urine;	11949

(iv) For opiates, two thousand nanograms per milliliter of	11950
urine;	11951

(v) For phencyclidine, twenty-five nanograms per milliliter	11952
of urine.	11953

(c) The employee, through a qualifying chemical test	11954
administered within thirty-two hours of an injury, is determined	11955
to have one of the following controlled substances not prescribed	11956
by the employee's physician in the employee's system that tests	11957
above the following levels by a gas chromatography mass	11958
spectrometry test:	11959

(i) For amphetamines, five hundred nanograms per milliliter	11960
of urine;	11961

(ii) For cannabinoids, fifteen nanograms per milliliter of	11962
urine;	11963

(iii) For cocaine, including crack cocaine, one hundred fifty	11964
nanograms per milliliter of urine;	11965

(iv) For opiates, two thousand nanograms per milliliter of	11966
urine;	11967

(v) For phencyclidine, twenty-five nanograms per milliliter	11968
of urine.	11969

(d) The employee, through a qualifying chemical test	11970
administered within thirty-two hours of an injury, is determined	11971
to have barbiturates, benzodiazepines, methadone, or propoxyphene	11972
in the employee's system that tests above levels established by	11973
laboratories certified by the United States department of health	11974
and human services.	11975

(2) When the employee refuses to submit to a requested	11976
chemical test, on the condition that that employee is or was given	11977
notice that the refusal to submit to any chemical test described	11978
in division (B)(1) of this section may affect the employee's	11979
eligibility for compensation and benefits under this chapter and	11980
Chapter 4121. of the Revised Code.	11981

(C)(1) For purposes of division (B) of this section, a	11982
chemical test is a qualifying chemical test if it is administered	11983
to an employee after an injury under at least one of the following	11984
conditions:	11985

(a) When the employee's employer had reasonable cause to	11986
suspect that the employee may be intoxicated or under the	11987
influence of a controlled substance not prescribed by the	11988
employee's physician;	11989

(b) At the request of a police officer pursuant to section	11990
4511.191 of the Revised Code, and not at the request of the	11991
employee's employer;	11992

(c) At the request of a licensed physician who is not	11993
employed by the employee's employer, and not at the request of the	11994
employee's employer.	11995

(2) As used in division (C)(1)(a) of this section,	11996
"reasonable cause" means, but is not limited to, evidence that an	11997
employee is or was using alcohol or a controlled substance drawn	11998
from specific, objective facts and reasonable inferences drawn	11999
from these facts in light of experience and training. These facts	12000
and inferences may be based on, but are not limited to, any of the	12001
following:	12002

(a) Observable phenomena, such as direct observation of use,	12003
possession, or distribution of alcohol or a controlled substance,	12004
or of the physical symptoms of being under the influence of	12005
alcohol or a controlled substance, such as but not limited to	12006
slurred speech, dilated pupils, odor of alcohol or a controlled	12007
substance, changes in affect, or dynamic mood swings;	12008

(b) A pattern of abnormal conduct, erratic or aberrant	12009
behavior, or deteriorating work performance such as frequent	12010
absenteeism, excessive tardiness, or recurrent accidents, that	12011
appears to be related to the use of alcohol or a controlled	12012
substance, and does not appear to be attributable to other	12013
factors;	12014

(c) The identification of an employee as the focus of a	12015
criminal investigation into unauthorized possession, use, or	12016
trafficking of a controlled substance;	12017

(d) A report of use of alcohol or a controlled substance	12018
provided by a reliable and credible source;	12019

(e) Repeated or flagrant violations of the safety or work	12020
rules of the employee's employer, that are determined by the	12021
employee's supervisor to pose a substantial risk of physical	12022
injury or property damage and that appear to be related to the use	12023
of alcohol or a controlled substance and that do not appear	12024
attributable to other factors.	12025

(D) Nothing in this section shall be construed to affect the	12026
rights of an employer to test employees for alcohol or controlled	12027
substance abuse.	12028

(E) For the purpose of this section, laboratories certified	12029
by the United States department of health and human services or	12030
laboratories that meet or exceed the standards of that department	12031
for laboratory certification shall be used for processing the test	12032
results of a qualifying chemical test.	12033

(F) The written notice required by division (B) of this	12034
section shall be the same size or larger then the certificate of	12035
premium payment notice furnished by the bureau of workers'	12036
compensation and shall be posted by the employer in the same	12037
location as the certificate of premium payment notice or the	12038
certificate of self-insurance.	12039

(G) If a condition that pre-existed an injury is	12040
substantially aggravated by the injury, and that substantial	12041
aggravation is documented by objective diagnostic findings,	12042
objective clinical findings, or objective test results, no	12043
compensation or benefits are payable because of the pre-existing	12044
condition once that condition has returned to a level that would	12045
have existed without the injury.	12046

(H) Whenever, with respect to an employee of an employer who	12047
is subject to and has complied with this chapter, there is	12048
possibility of conflict with respect to the application of	12049
workers' compensation laws because the contract of employment is	12050
entered into and all or some portion of the work is or is to be	12051
performed in a state or states other than Ohio, the employer and	12052
the employee may agree to be bound by the laws of this state or by	12053
the laws of some other state in which all or some portion of the	12054
work of the employee is to be performed. The agreement shall be in	12055
writing and shall be filed with the bureau of workers'	12056
compensation within ten days after it is executed and shall remain	12057
in force until terminated or modified by agreement of the parties	12058
similarly filed. If the agreement is to be bound by the laws of	12059
this state and the employer has complied with this chapter, then	12060
the employee is entitled to compensation and benefits regardless	12061
of where the injury occurs or the disease is contracted and the	12062
rights of the employee and the employee's dependents under the	12063
laws of this state are the exclusive remedy against the employer	12064
on account of injury, disease, or death in the course of and	12065
arising out of the employee's employment. If the agreement is to	12066
be bound by the laws of another state and the employer has	12067
complied with the laws of that state, the rights of the employee	12068
and the employee's dependents under the laws of that state are the	12069
exclusive remedy against the employer on account of injury,	12070
disease, or death in the course of and arising out of the	12071
employee's employment without regard to the place where the injury	12072
was sustained or the disease contracted.	12073

If any employee or the employee's dependents are awarded	12074
workers' compensation benefits or recover damages from the	12075
employer under the laws of another state, the amount awarded or	12076
recovered, whether paid or to be paid in future installments,	12077
shall be credited on the amount of any award of compensation or	12078
benefits made to the employee or the employee's dependents by the	12079
bureau.	12080

If an employee is a resident of a state other than this state	12081
and is insured under the workers' compensation law or similar laws	12082
of a state other than this state, the employee and the employee's	12083
dependents are not entitled to receive compensation or benefits	12084
under this chapter, on account of injury, disease, or death	12085
arising out of or in the course of employment while temporarily	12086
within this state, and the rights of the employee and the	12087
employee's dependents under the laws of the other state are the	12088
exclusive remedy against the employer on account of the injury,	12089
disease, or death.	12090

(I) If an employee who is covered under the federal	12091
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639,	12092
33 U.S.C. 901 et seq., is injured or contracts an occupational	12093
disease or dies as a result of an injury or occupational disease,	12094
and if that employee's or that employee's dependents' claim for	12095
compensation or benefits for that injury, occupational disease, or	12096
death is subject to the jurisdiction of that act, the employee or	12097
the employee's dependents are not entitled to apply for and shall	12098
not receive compensation or benefits under this chapter and	12099
Chapter 4121. of the Revised Code. The rights of such an employee	12100
and the employee's dependents under the federal "Longshore and	12101
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901	12102
et seq., are the exclusive remedy against the employer for that	12103
injury, occupational disease, or death.	12104

(J) Compensation or benefits are not payable to a claimant	12105
during the period of confinement of the claimant in any state or	12106
federal correctional institution, or in any county jail in lieu of	12107
incarceration in a state or federal correctional institution,	12108
whether in this or any other state for conviction of violation of	12109
any state or federal criminal law.	12110

Sec. 4131.03. (A) For the relief of persons who are entitled	12111
to receive benefits by virtue of the federal act, there is hereby	12112
established a coal-workers pneumoconiosis fund, which shall be	12113
separate from the funds established and administered pursuant to	12114
Chapter 4123. of the Revised Code. The fund shall consist of	12115
premiums and other payments thereto by subscribers who elect to	12116
subscribe to the fund to insure the payment of benefits required	12117
by the federal act.	12118

(B)(1) The coal-workers pneumoconiosis fund shall be in the	12119
custody of the treasurer of state. The bureau of workers'	12120
compensation shall make disbursements from the fund to those	12121
persons entitled to payment therefrom and in the amounts required	12122
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	12123
investment earnings of the fund shall be credited to the fund.	12124

(2) The administrator of workers' compensation may transfer a	12125
portion of the investment earnings credited to the coal-workers	12126
pneumoconiosis fund to the mine safety fund created in section	12127
1561.24 of the Revised Code for the purposes specified in that	12128
section. The administrator, with the advice and consent of the	12129
bureau of workers' compensation board of directors, shall adopt	12130
rules governing the transfer in order to ensure the solvency of	12131
the coal-workers pneumoconiosis fund. For that purpose, the rules	12132
may establish tests based on measures of net assets, liabilities,	12133
expenses, interest, dividend income, or other factors that the	12134
administrator determines appropriate that may be applied prior to	12135
a transfer.	12136

(C) The administrator ~~of workers' compensation~~ shall have the	12137
same powers to invest any of the surplus or reserve belonging to	12138
the coal-workers pneumoconiosis fund as are delegated to ~~him~~the	12139
administrator under section 4123.44 of the Revised Code with	12140
respect to the state insurance fund.	12141

(D) If the administrator determines that reinsurance of the	12142
risks of the coal-workers pneumoconiosis fund is necessary to	12143
assure solvency of the fund, hethe administrator may:	12144

(1) Enter into contracts for the purchase of reinsurance	12145
coverage of the risks of the fund with any company or agency	12146
authorized by law to issue contracts of reinsurance;	12147

(2) Pay the cost of reinsurance from the fund;

12148

(3) Include the costs of reinsurance as a liability and	12149
estimated liability of the fund.	12150

Sec. 4301.355. (A) If a petition is filed under section	12151
4301.333 of the Revised Code for the submission of the question or	12152
questions set forth in this section, it shall be held in the	12153
precinct as ordered by the board of elections under that section.	12154
The expense of holding the election shall be charged to the	12155
municipal corporation or township of which the precinct is a part.	12156

(B) At the election, one or more of the following questions,	12157
as designated in a valid petition, shall be submitted to the	12158
electors of the precinct:	12159

(1) "Shall the sale of .......... (insert beer, wine and	12160
mixed beverages, or spirituous liquor) be permitted by ..........	12161
(insert name of applicant, liquor permit holder, or liquor agency	12162
store, including trade or fictitious name under which applicant	12163
for, or holder of, liquor permit or liquor agency store either	12164
intends to do, or does, business at the particular location), an	12165
.......... (insert "applicant for" or "holder of" or "operator	12166
of") a .......... (insert class name of liquor permit or permits	12167
followed by the words "liquor permit(s)" or, if appropriate, the	12168
words "liquor agency store for the State of Ohio"), who is engaged	12169
in the business of .......... (insert general nature of the	12170
business in which applicant or liquor permit holder is engaged or	12171
will be engaged in at the particular location, as described in the	12172
petition) at .......... (insert address of the particular location	12173
within the precinct as set forth in the petition) in this	12174
precinct?"	12175

(2) "Shall the sale of .......... (insert beer, wine and	12176
mixed beverages, or spirituous liquor) be permitted for sale on	12177
Sunday between the hours of .......... (insert "ten a.m. and	12178
midnight" or "one p.m. and midnight") by .......... (insert name	12179
of applicant, liquor permit holder, or liquor agency store,	12180
including trade or fictitious name under which applicant for, or	12181
holder of, liquor permit or liquor agency store either intends to	12182
do, or does, business at the particular location), an ......	12183
(insert "applicant for a D-6 liquor permit," "holder of a D-6	12184
liquor permit," "applicant for or holder of an A-1-A, A-2, C-1,	12185
C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	12186
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-7 liquor permit," if only	12187
the approval of beer sales is sought, or "liquor agency store")	12188
who is engaged in the business of .......... (insert general	12189
nature of the business in which applicant or liquor permit holder	12190
is engaged or will be engaged in at the particular location, as	12191
described in the petition) at .......... (insert address of the	12192
particular location within the precinct) in this precinct?"	12193

(C) The board of elections shall furnish printed ballots at	12194
the election as provided under section 3505.06 of the Revised	12195
Code, except that a separate ballot shall be used for the election	12196
under this section. The question set forth in this section shall	12197
be printed on each ballot, and the board shall insert in the	12198
question appropriate words to complete it. Votes shall be cast as	12199
provided under section 3505.06 of the Revised Code.	12200

Sec. 4301.404. (A) As used in this section, "center for the	12201
preservation of wild animals" means a conservation center located	12202
on not less than five thousand acres of land that provides	12203
scientific, educational, and recreational resources to advance the	12204
conservation of animal populations and habitats.	12205

(B) Sections 4301.32 to 4301.391 and 4305.14 of the Revised	12206
Code and the provisions for local option elections and the	12207
election on the repeal of Ohio Constitution, Article XV, Section 9	12208
in section 4303.29 of the Revised Code do not affect or prohibit	12209
the sale of beer or intoxicating liquor at a center for the	12210
preservation of wild animals if any permit holder for the premises	12211
operates pursuant to the authority of a D liquor permit issued	12212
pursuant to Chapter 4303. of the Revised Code.	12213

(C) Permit D-6 shall be issued to the holder of any D permit	12214
that authorizes the sale of intoxicating liquor and that is issued	12215
for a center for the preservation of wild animals to allow the	12216
sale of intoxicating liquor under the permit at the premises	12217
between the hours of one p.m. and midnight on Sunday, whether or	12218
not such sale has been authorized in an election held under	12219
section 4301.351 of the Revised Code. Notwithstanding section	12220
4301.351 of the Revised Code, the holder of a D permit issued for	12221
a center for the preservation of wild animals may sell beer on	12222
Sunday whether or not the sale of intoxicating liquor has been	12223
authorized in an election held under that section.	12224

Sec. 4301.421. (A) For the purposes of section 307.696 of	12225
the Revised Code, to pay the expenses of administering the tax,	12226
and to pay any or all of the charge the board of elections makes	12227
against the county to hold the election on the question of levying	12228
the tax, or for those purposes and to provide revenues to the	12229
county for permanent improvements, the board of county	12230
commissioners may levy a tax on the sale of beer at a rate not to	12231
exceed sixteen cents per gallon, on the sale of cider at a rate	12232
not to exceed twenty-four cents per gallon, and on the sale of	12233
wine and mixed beverages at a rate not to exceed thirty-two cents	12234
per gallon. The tax shall be imposed on all beer, cider, wine,	12235
and mixed beverages sold for resale at retail in the county, and	12236
on all beer, cider, wine, and mixed beverages sold at retail in	12237
the county by the manufacturer, bottler, importer, or other person	12238
upon which the tax has not been paid. The tax shall not be levied	12239
on the sale of wine to be used for known sacramental purposes. The	12240
tax may be levied for any number of years not exceeding twenty.	12241
The tax shall be in addition to the taxes imposed by sections	12242
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The	12243
tax shall not be considered a cost in any computation required	12244
under rules of the liquor control commission regulating minimum	12245
prices or mark-ups.	12246

Only one sale of the same article shall be used in computing,	12247
reporting, and paying the amount of tax due.	12248

The tax shall be levied pursuant to a resolution of the	12249
county commissioners approved by a majority of the electors in the	12250
county voting on the question of levying the tax, which resolution	12251
shall specify the rate of the tax, the number of years the tax	12252
will be levied, and the purposes for which the tax is levied. The	12253
election may be held on the date of a general election or special	12254
election held not sooner than seventy-five days after the date the	12255
board certifies its resolution to the board of elections. If	12256
approved by the electors, the tax shall take effect on the first	12257
day of the month specified in the resolution but not sooner than	12258
the first day of the month that is at least sixty days after the	12259
certification of the election results by the board of elections. A	12260
copy of the resolution levying the tax and the certification of	12261
the board of elections shall be certified to the tax commissioner	12262
at least sixty days prior to the date on which the tax is to	12263
become effective.	12264

A resolution under this section may be joined on the ballot	12265
as a single question with a resolution adopted under section	12266
307.697 or 5743.024 of the Revised Code to levy a tax for the same	12267
purposes and for the purpose of paying the expenses of	12268
administering the tax. The form of the ballot in an election held	12269
pursuant to this section shall be as prescribed in section 307.697	12270
of the Revised Code.	12271

(B) The board of county commissioners of a county in which a	12272
tax is imposed under this section on ~~the effective date of this~~	12273
~~amendment~~July19, 1995, may levy a tax for the purpose of section	12274
307.673 of the Revised Code regardless of whether or not the	12275
cooperative agreement authorized under that section has been	12276
entered into prior to the day the resolution adopted under	12277
division (B)(1) or (2) of this section is adopted, and for the	12278
purpose of reimbursing a county for costs incurred in the	12279
construction of a sports facility pursuant to an agreement entered	12280
into by the county under section 307.696 of the Revised Code. The	12281
tax shall be levied and approved in one of the manners prescribed	12282
by division (B)(1) or (2) of this section.	12283

(1) The tax may be levied pursuant to a resolution adopted by	12284
a majority of the members of the board of county commissioners not	12285
later than ~~forty-five days after the effective date of this~~	12286
~~amendment~~September2, 1995. A board of county commissioners	12287
approving a tax under division (B)(1) of this section may approve	12288
a tax under division (D)(1) of section 307.697 or division (C)(1)	12289
of section 5743.024 of the Revised Code at the same time. Subject	12290
to the resolution being submitted to a referendum under sections	12291
305.31 to 305.41 of the Revised Code, the resolution shall take	12292
effect immediately, but the tax levied pursuant to the resolution	12293
shall not be levied prior to the day following the last day the	12294
tax levied pursuant to division (A) of this section may be levied.	12295

(2) The tax may be levied pursuant to a resolution adopted by	12296
a majority of the members of the board of county commissioners not	12297
later than ~~forty-five days after the effective date of this~~	12298
~~amendment~~September2, 1995, and approved by a majority of the	12299
electors of the county voting on the question of levying the tax	12300
at the next succeeding general election following ~~the effective~~	12301
~~date of this amendment~~July19, 1995. The board of county	12302
commissioners shall certify a copy of the resolution to the board	12303
of elections immediately upon adopting a resolution under division	12304
(D)(2) of this section, and the board of elections shall place the	12305
question of levying the tax on the ballot at that election. The	12306
form of the ballot shall be as prescribed by division (C) of	12307
section 307.697 of the Revised Code, except that the phrase	12308
"paying not more than one-half of the costs of providing a sports	12309
facility together with related redevelopment and economic	12310
development projects" shall be replaced by the phrase "paying the	12311
costs of constructing or renovating a sports facility and	12312
reimbursing a county for costs incurred by the county in the	12313
construction of a sports facility," and the phrase ", beginning	12314
.......... (here insert the earliest date the tax would take	12315
effect)" shall be appended after "years." A board of county	12316
commissioners submitting the question of a tax under division	12317
(B)(2) of this section may submit the question of a tax under	12318
division (D)(2) of section 307.697 or division (C)(2) of section	12319
5743.024 of the Revised Code as a single question, and the form of	12320
the ballot shall include each of the proposed taxes.	12321

If approved by a majority of electors voting on the question,	12322
the tax shall take effect on the day specified on the ballot,	12323
which shall not be earlier than the day following the last day the	12324
tax levied pursuant to division (A) of this section may be levied.	12325

The rate of a tax levied pursuant to division (B)(1) or (2)	12326
of this section shall not exceed the rate specified in division	12327
(A) of this section. A tax levied pursuant to division (B)(1) or	12328
(2) of this section may be levied for any number of years not	12329
exceeding twenty.	12330

A board of county commissioners adopting a resolution under	12331
division (B)(1) or (2) of this section shall certify a copy of the	12332
resolution to the tax commissioner immediately upon adoption of	12333
the resolution.	12334

(C) No tax shall be levied under this section on or after the	12335
effective date of the amendment of this section by ....... of the	12336
127th general assembly. This division does not prevent the	12337
collection of any tax levied under this section before that date	12338
so long as that tax remains effective.	12339

Sec. 4301.424. (A) For the purpose of section 351.26 of the	12340
Revised Code and to pay any or all of the charge the board of	12341
elections makes against the county to hold the election on the	12342
question of levying the tax, the board of county commissioners, in	12343
the manner prescribed by division (A) of section 351.26 of the	12344
Revised Code, may levy a tax on each gallon of spirituous liquor;	12345
on the sale of beer; and on the sale of wine and mixed beverages.	12346
The tax on spirituous liquor shall be imposed on spirituous liquor	12347
sold to or purchased by liquor permit holders for resale, and sold	12348
at retail by the division of liquor control, in the county at a	12349
rate not greater than three dollars per gallon; the tax on beer,	12350
wine, and mixed beverages shall be imposed on all beer, wine, and	12351
mixed beverages sold for resale at retail in the county, and on	12352
all beer, wine, and mixed beverages sold at retail in the county	12353
by the manufacturer, bottler, importer, or other person and upon	12354
which the tax has not been paid. The rate of the tax on beer shall	12355
not exceed sixteen cents per gallon, and the rate of the tax on	12356
wine and mixed beverages shall not exceed thirty-two cents per	12357
gallon. Only one sale of the same article shall be used in	12358
computing, reporting, and paying the amount of tax due. The tax	12359
may be levied for any number of years not exceeding twenty.	12360

The tax shall be levied pursuant to a resolution of the board	12361
of county commissioners adopted as prescribed by division (A) of	12362
section 351.26 of the Revised Code and approved by a majority of	12363
the electors in the county voting on the question of levying the	12364
tax. The resolution shall specify the rates of the tax, the number	12365
of years the tax will be levied, and the purposes for which the	12366
tax is levied. Such election may be held on the date of a general	12367
or special election held not sooner than seventy-five days after	12368
the date the board certifies its resolution to the board of	12369
elections. If approved by the electors, the tax takes effect on	12370
the first day of the month specified in the resolution but not	12371
sooner than the first day of the month that is at least sixty days	12372
after the certification of the election results by the board of	12373
elections. A copy of the resolution levying the tax shall be	12374
certified to the division of liquor control and the tax	12375
commissioner at least sixty days prior to the date on which the	12376
tax is to become effective.	12377

(B) A resolution under this section may be joined on the	12378
ballot as a single question with a resolution adopted under	12379
section 5743.026 of the Revised Code to levy a tax for the same	12380
purposes, and for the purpose of paying the expenses of	12381
administering that tax.	12382

(C) The form of the ballot in an election held on the	12383
question of levying a tax proposed pursuant to this section shall	12384
be as prescribed by section 351.26 of the Revised Code.	12385

(D) No tax shall be levied under this section on or after the	12386
effective date of the amendment of this section by the capital	12387
appropriations act of the 127th general assembly. This division	12388
does not prevent the collection of any tax levied under this	12389
section before that date so long as that tax remains effective.	12390

Sec. 4301.432. For the purpose of encouraging the grape	12391
industries of the state, a tax is hereby levied on the sale or	12392
distribution of vermouth, sparkling and carbonated wine and	12393
champagne, and other wine, except for known sacramental purposes,	12394
at the rate of two cents per wine gallon, the tax to be paid by	12395
the holders of A-2 ~~and~~, B-2a, B-5, and S permits or by any other	12396
person selling or distributing wine upon which no such tax has	12397
been paid. The treasurer of state shall credit to the Ohio grape	12398
industries fund created under section 924.54 of the Revised Code	12399
the moneys hethe treasurer of state receives from this tax.	12400

Sec. 4301.441. Any information provided to a state agency by	12401
the department of taxation in accordance with division (C)(11) of	12402
section 5703.21 of the Revised Code shall not be disclosed	12403
publicly by that agency, except for purposes of enforcement, to	12404
deny the renewal of a liquor permit, or to report such information	12405
to the alcohol and tobacco tax and trade bureau in the United	12406
States department of the treasury.	12407

Sec. 4301.47. Every class A-1, A-2, and A-4 permit holder	12408
and each class B or S permit holder shall maintain and keep for a	12409
period of three years a record of the beer, wine, and mixed	12410
beverages purchased, distributed, or sold within this state by the	12411
permit holder, together with invoices, records, receipts, bills of	12412
lading, and other pertinent papers required by the tax	12413
commissioner and, upon demand by the tax commissioner, shall	12414
produce these records for a three-year period prior to the demand	12415
unless upon satisfactory proof it is shown that the nonproduction	12416
is due to causes beyond the permit holder's control.	12417

Sec. 4301.62. (A) As used in this section:

12418

(1) "Chauffeured limousine" means a vehicle registered under	12419
section 4503.24 of the Revised Code.	12420

(2) "Street," "highway," and "motor vehicle" have the same	12421
meanings as in section 4511.01 of the Revised Code.	12422

(B) No person shall have in the person's possession an opened	12423
container of beer or intoxicating liquor in any of the following	12424
circumstances:	12425

(1) In a state liquor store;

12426

(2) Except as provided in division (C) of this section, on	12427
the premises of the holder of any permit issued by the division of	12428
liquor control;	12429

(3) In any other public place;

12430

(4) Except as provided in division (D) or (E) of this	12431
section, while operating or being a passenger in or on a motor	12432
vehicle on any street, highway, or other public or private	12433
property open to the public for purposes of vehicular travel or	12434
parking;	12435

(5) Except as provided in division (D) or (E) of this	12436
section, while being in or on a stationary motor vehicle on any	12437
street, highway, or other public or private property open to the	12438
public for purposes of vehicular travel or parking.	12439

(C)(1) A person may have in the person's possession an opened	12440
container of any of the following:	12441

(a) Beer or intoxicating liquor that has been lawfully	12442
purchased for consumption on the premises where bought from the	12443
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5,	12444
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	12445
D-5l, D-7, D-8, E, F, F-2, or F-5 permit;	12446

(b) Beer, wine, or mixed beverages served for consumption on	12447
the premises by the holder of an F-3 permit or wine served for	12448
consumption on the premises by the holder of an F-4 or F-6 permit;	12449

(c) Beer or intoxicating liquor consumed on the premises of a	12450
convention facility as provided in section 4303.201 of the Revised	12451
Code;	12452

(d) Beer or intoxicating liquor to be consumed during	12453
tastings and samplings approved by rule of the liquor control	12454
commission.	12455

(2) A person may have in the person's possession on an F	12456
liquor permit premises an opened container of beer or intoxicating	12457
liquor that was not purchased from the holder of the F permit if	12458
the premises for which the F permit is issued is a music festival	12459
and the holder of the F permit grants permission for that	12460
possession on the premises during the period for which the F	12461
permit is issued. As used in this division, "music festival" means	12462
a series of outdoor live musical performances, extending for a	12463
period of at least three consecutive days and located on an area	12464
of land of at least forty acres.	12465

(3)(a) A person may have in the person's possession on a D-2	12466
liquor permit premises an opened or unopened container of wine	12467
that was not purchased from the holder of the D-2 permit if the	12468
premises for which the D-2 permit is issued is an outdoor	12469
performing arts center, the person is attending an orchestral	12470
performance, and the holder of the D-2 permit grants permission	12471
for the possession and consumption of wine in certain	12472
predesignated areas of the premises during the period for which	12473
the D-2 permit is issued.	12474

(b) As used in division (C)(3)(a) of this section:

12475

(i) "Orchestral performance" means a concert comprised of a	12476
group of not fewer than forty musicians playing various musical	12477
instruments.	12478

(ii) "Outdoor performing arts center" means an outdoor	12479
performing arts center that is located on not less than eight	12480
hundred acres of land and that is open for performances from the	12481
first day of April to the last day of October of each year.	12482

(D) This section does not apply to a person who pays all or a	12483
portion of the fee imposed for the use of a chauffeured limousine	12484
pursuant to a prearranged contract, or the guest of the person,	12485
when all of the following apply:	12486

(1) The person or guest is a passenger in the limousine.

12487

(2) The person or guest is located in the limousine, but is	12488
not occupying a seat in the front compartment of the limousine	12489
where the operator of the limousine is located.	12490

(3) The limousine is located on any street, highway, or other	12491
public or private property open to the public for purposes of	12492
vehicular travel or parking.	12493

(E) An opened bottle of wine that was purchased from the	12494
holder of a permit that authorizes the sale of wine for	12495
consumption on the premises where sold is not an opened container	12496
for the purposes of this section if both of the following apply:	12497

(1) The opened bottle of wine is securely resealed by the	12498
permit holder or an employee of the permit holder before the	12499
bottle is removed from the premises. The bottle shall be secured	12500
in such a manner that it is visibly apparent if the bottle has	12501
been subsequently opened or tampered with.	12502

(2) The opened bottle of wine that is resealed in accordance	12503
with division (E)(1) of this section is stored in the trunk of a	12504
motor vehicle or, if the motor vehicle does not have a trunk,	12505
behind the last upright seat or in an area not normally occupied	12506
by the driver or passengers and not easily accessible by the	12507
driver.	12508

Sec. 4303.03. ~~Permit~~(A) Subject to division (B) of this	12509
section, permit A-2 may be issued to a manufacturer to	12510
manufacture wine from grapes or other fruits; to import and	12511
purchase wine in bond for blending purposes, the total amount of	12512
wine so imported during the year covered by the permit not to	12513
exceed forty per cent of all the wine manufactured and imported;	12514
to manufacture, purchase, and import brandy for fortifying	12515
purposes; and to sell those products either in glass or container	12516
for consumption on the premises where manufactured, in sealed	12517
containers for consumption off the premises where manufactured,	12518
and to wholesale permit holders under the rules adopted by the	12519
division of liquor control.	12520

(B)(1) The holder of an A-2 permit shall not sell directly to	12521
a retailer. In order to make sales to a retailer, the manufacturer	12522
shall obtain a B-2a permit or make the sale directly to a B-2 or	12523
B-5 permit holder for subsequent resale to a retailer.	12524

(2) The holder of an A-2 permit shall not sell directly to a	12525
consumer unless the product is sold on the premises in accordance	12526
with division (A) of this section. In order to make sales to a	12527
consumer off the premises where the wine is manufactured, the	12528
manufacturer shall obtain an S permit.	12529

(3) Nothing in this chapter prohibits an A-2 permit holder	12530
also holding a B-2a or S permit.	12531

(C) The fee for this permit is seventy-six dollars for each	12532
plant to which this permit is issued.	12533

Sec. 4303.071. (A)(1) ~~Except as otherwise provided in~~	12534
~~division (A)(2) of this section, permit~~Permit B-2a may be issued	12535
to a person that ~~manufactures wine,~~ is the brand owner or United	12536
States importer of wine, or is the designated agent of a brand	12537
owner or importer for all wine sold in this state for that owner	12538
or importer, or manufactures wine if such manufacturer is	12539
entitled to a tax credit under 27 C.F.R. 24.278 and produces less	12540
than two hundred fifty thousand gallons of wine per year. If the	12541
person resides outside this state, the person shall comply with	12542
the requirements governing the issuance of licenses or permits	12543
that authorize the sale of intoxicating liquor by the appropriate	12544
authority of the state in which the person resides or by the	12545
alcohol and tobacco tax and trade bureau in the United States	12546
department of the treasury.	12547

(2) ~~A B-2a permit shall only be issued to a manufacturer of~~	12548
~~wine that is entitled to a tax credit under 27 C.F.R. 24.278 and~~	12549
~~that produces less than one hundred fifty thousand gallons of wine~~	12550
~~per year.~~	12551

~~(3)~~ The fee for the B-2a permit is twenty-five dollars.

12552

~~(4)~~(3) The holder of a B-2a permit may sell wine to a retail	12553
permit holder, but a B-2a permit holder that is a wine	12554
manufacturer may sell to a retail permit holder only wine that the	12555
B-2a permit holder has manufactured.	12556

~~(5)~~(4) The holder of a B-2a permit shall renew the permit in	12557
accordance with section 4303.271 of the Revised Code, except that	12558
renewal shall not be subject to the notice and hearing	12559
requirements established in division (B) of that section.	12560

(B) The holder of a B-2a permit shall collect and pay ~~all~~	12561
~~applicable~~the taxes relating to the delivery of a wine to a	12562
retailer ~~including, but not limited to, taxes~~that are levied	12563
under sections 4301.421 and ~~4301.43~~4301.432 and Chapters 5739.	12564
and 5741. of the Revised Code.	12565

(C) The holder of a B-2a permit shall comply with this	12566
chapter, Chapter 4301. of the Revised Code, and any rules adopted	12567
by the liquor control commission under section 4301.03 of the	12568
Revised Code.	12569

Sec. 4303.181. (A) Permit D-5a may be issued either to the	12570
owner or operator of a hotel or motel that is required to be	12571
licensed under section 3731.03 of the Revised Code, that contains	12572
at least fifty rooms for registered transient guests or is owned	12573
by a state institution of higher education as defined in section	12574
3345.011 of the Revised Code or a private college or university,	12575
and that qualifies under the other requirements of this section,	12576
or to the owner or operator of a restaurant specified under this	12577
section, to sell beer and any intoxicating liquor at retail, only	12578
by the individual drink in glass and from the container, for	12579
consumption on the premises where sold, and to registered guests	12580
in their rooms, which may be sold by means of a controlled access	12581
alcohol and beverage cabinet in accordance with division (B) of	12582
section 4301.21 of the Revised Code; and to sell the same products	12583
in the same manner and amounts not for consumption on the premises	12584
as may be sold by holders of D-1 and D-2 permits. The premises of	12585
the hotel or motel shall include a retail food establishment or a	12586
food service operation licensed pursuant to Chapter 3717. of the	12587
Revised Code that operates as a restaurant for purposes of this	12588
chapter and that is affiliated with the hotel or motel and within	12589
or contiguous to the hotel or motel, and that serves food within	12590
the hotel or motel, but the principal business of the owner or	12591
operator of the hotel or motel shall be the accommodation of	12592
transient guests. In addition to the privileges authorized in this	12593
division, the holder of a D-5a permit may exercise the same	12594
privileges as the holder of a D-5 permit.	12595

The owner or operator of a hotel, motel, or restaurant who	12596
qualified for and held a D-5a permit on August 4, 1976, may, if	12597
the owner or operator held another permit before holding a D-5a	12598
permit, either retain a D-5a permit or apply for the permit	12599
formerly held, and the division of liquor control shall issue the	12600
permit for which the owner or operator applies and formerly held,	12601
notwithstanding any quota.	12602

A D-5a permit shall not be transferred to another location.	12603
No quota restriction shall be placed on the number of D-5a permits	12604
that may be issued.	12605

The fee for this permit is two thousand three hundred	12606
forty-four dollars.	12607

(B) Permit D-5b may be issued to the owner, operator, tenant,	12608
lessee, or occupant of an enclosed shopping center to sell beer	12609
and intoxicating liquor at retail, only by the individual drink in	12610
glass and from the container, for consumption on the premises	12611
where sold; and to sell the same products in the same manner and	12612
amount not for consumption on the premises as may be sold by	12613
holders of D-1 and D-2 permits. In addition to the privileges	12614
authorized in this division, the holder of a D-5b permit may	12615
exercise the same privileges as a holder of a D-5 permit.	12616

A D-5b permit shall not be transferred to another location.

12617

One D-5b permit may be issued at an enclosed shopping center	12618
containing at least two hundred twenty-five thousand, but less	12619
than four hundred thousand, square feet of floor area.	12620

Two D-5b permits may be issued at an enclosed shopping center	12621
containing at least four hundred thousand square feet of floor	12622
area. No more than one D-5b permit may be issued at an enclosed	12623
shopping center for each additional two hundred thousand square	12624
feet of floor area or fraction of that floor area, up to a maximum	12625
of five D-5b permits for each enclosed shopping center. The number	12626
of D-5b permits that may be issued at an enclosed shopping center	12627
shall be determined by subtracting the number of D-3 and D-5	12628
permits issued in the enclosed shopping center from the number of	12629
D-5b permits that otherwise may be issued at the enclosed shopping	12630
center under the formulas provided in this division. Except as	12631
provided in this section, no quota shall be placed on the number	12632
of D-5b permits that may be issued. Notwithstanding any quota	12633
provided in this section, the holder of any D-5b permit first	12634
issued in accordance with this section is entitled to its renewal	12635
in accordance with section 4303.271 of the Revised Code.	12636

The holder of a D-5b permit issued before April 4, 1984,	12637
whose tenancy is terminated for a cause other than nonpayment of	12638
rent, may return the D-5b permit to the division of liquor	12639
control, and the division shall cancel that permit. Upon	12640
cancellation of that permit and upon the permit holder's payment	12641
of taxes, contributions, premiums, assessments, and other debts	12642
owing or accrued upon the date of cancellation to this state and	12643
its political subdivisions and a filing with the division of a	12644
certification of that payment, the division shall issue to that	12645
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	12646
that person requests. The division shall issue the D-5 permit, or	12647
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	12648
D-3, or D-5 permits currently issued in the municipal corporation	12649
or in the unincorporated area of the township where that person's	12650
proposed premises is located equals or exceeds the maximum number	12651
of such permits that can be issued in that municipal corporation	12652
or in the unincorporated area of that township under the	12653
population quota restrictions contained in section 4303.29 of the	12654
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	12655
be transferred to another location. If a D-5b permit is canceled	12656
under the provisions of this paragraph, the number of D-5b permits	12657
that may be issued at the enclosed shopping center for which the	12658
D-5b permit was issued, under the formula provided in this	12659
division, shall be reduced by one if the enclosed shopping center	12660
was entitled to more than one D-5b permit under the formula.	12661

The fee for this permit is two thousand three hundred	12662
forty-four dollars.	12663

(C) Permit D-5c may be issued to the owner or operator of a	12664
retail food establishment or a food service operation licensed	12665
pursuant to Chapter 3717. of the Revised Code that operates as a	12666
restaurant for purposes of this chapter and that qualifies under	12667
the other requirements of this section to sell beer and any	12668
intoxicating liquor at retail, only by the individual drink in	12669
glass and from the container, for consumption on the premises	12670
where sold, and to sell the same products in the same manner and	12671
amounts not for consumption on the premises as may be sold by	12672
holders of D-1 and D-2 permits. In addition to the privileges	12673
authorized in this division, the holder of a D-5c permit may	12674
exercise the same privileges as the holder of a D-5 permit.	12675

To qualify for a D-5c permit, the owner or operator of a	12676
retail food establishment or a food service operation licensed	12677
pursuant to Chapter 3717. of the Revised Code that operates as a	12678
restaurant for purposes of this chapter, shall have operated the	12679
restaurant at the proposed premises for not less than twenty-four	12680
consecutive months immediately preceding the filing of the	12681
application for the permit, have applied for a D-5 permit no later	12682
than December 31, 1988, and appear on the division's quota waiting	12683
list for not less than six months immediately preceding the filing	12684
of the application for the permit. In addition to these	12685
requirements, the proposed D-5c permit premises shall be located	12686
within a municipal corporation and further within an election	12687
precinct that, at the time of the application, has no more than	12688
twenty-five per cent of its total land area zoned for residential	12689
use.	12690

A D-5c permit shall not be transferred to another location.	12691
No quota restriction shall be placed on the number of such permits	12692
that may be issued.	12693

Any person who has held a D-5c permit for at least two years	12694
may apply for a D-5 permit, and the division of liquor control	12695
shall issue the D-5 permit notwithstanding the quota restrictions	12696
contained in section 4303.29 of the Revised Code or in any rule of	12697
the liquor control commission.	12698

The fee for this permit is one thousand five hundred	12699
sixty-three dollars.	12700

(D) Permit D-5d may be issued to the owner or operator of a	12701
retail food establishment or a food service operation licensed	12702
pursuant to Chapter 3717. of the Revised Code that operates as a	12703
restaurant for purposes of this chapter and that is located at an	12704
airport operated by a board of county commissioners pursuant to	12705
section 307.20 of the Revised Code, at an airport operated by a	12706
port authority pursuant to Chapter 4582. of the Revised Code, or	12707
at an airport operated by a regional airport authority pursuant to	12708
Chapter 308. of the Revised Code. The holder of a D-5d permit may	12709
sell beer and any intoxicating liquor at retail, only by the	12710
individual drink in glass and from the container, for consumption	12711
on the premises where sold, and may sell the same products in the	12712
same manner and amounts not for consumption on the premises where	12713
sold as may be sold by the holders of D-1 and D-2 permits. In	12714
addition to the privileges authorized in this division, the holder	12715
of a D-5d permit may exercise the same privileges as the holder of	12716
a D-5 permit.	12717

A D-5d permit shall not be transferred to another location.	12718
No quota restrictions shall be placed on the number of such	12719
permits that may be issued.	12720

The fee for this permit is two thousand three hundred	12721
forty-four dollars.	12722

(E) Permit D-5e may be issued to any nonprofit organization	12723
that is exempt from federal income taxation under the "Internal	12724
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	12725
amended, or that is a charitable organization under any chapter of	12726
the Revised Code, and that owns or operates a riverboat that meets	12727
all of the following:	12728

(1) Is permanently docked at one location;

12729

(2) Is designated as an historical riverboat by the Ohio	12730
historical society;	12731

(3) Contains not less than fifteen hundred square feet of	12732
floor area;	12733

(4) Has a seating capacity of fifty or more persons.

12734

The holder of a D-5e permit may sell beer and intoxicating	12735
liquor at retail, only by the individual drink in glass and from	12736
the container, for consumption on the premises where sold.	12737

A D-5e permit shall not be transferred to another location.	12738
No quota restriction shall be placed on the number of such permits	12739
that may be issued. The population quota restrictions contained	12740
in section 4303.29 of the Revised Code or in any rule of the	12741
liquor control commission shall not apply to this division, and	12742
the division shall issue a D-5e permit to any applicant who meets	12743
the requirements of this division. However, the division shall not	12744
issue a D-5e permit if the permit premises or proposed permit	12745
premises are located within an area in which the sale of	12746
spirituous liquor by the glass is prohibited.	12747

The fee for this permit is one thousand two hundred nineteen	12748
dollars.	12749

(F) Permit D-5f may be issued to the owner or operator of a	12750
retail food establishment or a food service operation licensed	12751
under Chapter 3717. of the Revised Code that operates as a	12752
restaurant for purposes of this chapter and that meets all of the	12753
following:	12754

(1) It contains not less than twenty-five hundred square feet	12755
of floor area.	12756

(2) It is located on or in, or immediately adjacent to, the	12757
shoreline of, a navigable river.	12758

(3) It provides docking space for twenty-five boats.

12759

(4) It provides entertainment and recreation, provided that	12760
not less than fifty per cent of the business on the permit	12761
premises shall be preparing and serving meals for a consideration.	12762

In addition, each application for a D-5f permit shall be	12763
accompanied by a certification from the local legislative	12764
authority that the issuance of the D-5f permit is not inconsistent	12765
with that political subdivision's comprehensive development plan	12766
or other economic development goal as officially established by	12767
the local legislative authority.	12768

The holder of a D-5f permit may sell beer and intoxicating	12769
liquor at retail, only by the individual drink in glass and from	12770
the container, for consumption on the premises where sold.	12771

A D-5f permit shall not be transferred to another location.

12772

The division of liquor control shall not issue a D-5f permit	12773
if the permit premises or proposed permit premises are located	12774
within an area in which the sale of spirituous liquor by the glass	12775
is prohibited.	12776

A fee for this permit is two thousand three hundred	12777
forty-four dollars.	12778

As used in this division, "navigable river" means a river	12779
that is also a "navigable water" as defined in the "Federal Power	12780
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	12781

(G) Permit D-5g may be issued to a nonprofit corporation that	12782
is either the owner or the operator of a national professional	12783
sports museum. The holder of a D-5g permit may sell beer and any	12784
intoxicating liquor at retail, only by the individual drink in	12785
glass and from the container, for consumption on the premises	12786
where sold. The holder of a D-5g permit shall sell no beer or	12787
intoxicating liquor for consumption on the premises where sold	12788
after one a.m. A D-5g permit shall not be transferred to another	12789
location. No quota restrictions shall be placed on the number of	12790
D-5g permits that may be issued. The fee for this permit is one	12791
thousand eight hundred seventy-five dollars.	12792

(H)(1) Permit D-5h may be issued to any nonprofit	12793
organization that is exempt from federal income taxation under the	12794
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	12795
501(c)(3), as amended, that owns or operates any of the following:	12796

(a) A fine arts museum, provided that the nonprofit	12797
organization has no less than one thousand five hundred bona fide	12798
members possessing full membership privileges;	12799

(b) A community arts center. As used in division (H)(1)(b)	12800
of this section, "community arts center" means a facility that	12801
provides arts programming to the community in more than one arts	12802
discipline, including, but not limited to, exhibits of works of	12803
art and performances by both professional and amateur artists.	12804

(c) A community theater, provided that the nonprofit	12805
organization is a member of the Ohio arts council and the American	12806
community theatre association and has been in existence for not	12807
less than ten years. As used in division (H)(1)(c) of this	12808
section, "community theater" means a facility that contains at	12809
least one hundred fifty seats and has a primary function of	12810
presenting live theatrical performances and providing recreational	12811
opportunities to the community.	12812

(2) The holder of a D-5h permit may sell beer and any	12813
intoxicating liquor at retail, only by the individual drink in	12814
glass and from the container, for consumption on the premises	12815
where sold. The holder of a D-5h permit shall sell no beer or	12816
intoxicating liquor for consumption on the premises where sold	12817
after one a.m. A D-5h permit shall not be transferred to another	12818
location. No quota restrictions shall be placed on the number of	12819
D-5h permits that may be issued.	12820

(3) The fee for a D-5h permit is one thousand eight hundred	12821
seventy-five dollars.	12822

(I) Permit D-5i may be issued to the owner or operator of a	12823
retail food establishment or a food service operation licensed	12824
under Chapter 3717. of the Revised Code that operates as a	12825
restaurant for purposes of this chapter and that meets all of the	12826
following requirements:	12827

(1) It is located in a municipal corporation or a township	12828
with a population of one hundred thousand or less.	12829

(2) It has inside seating capacity for at least one hundred	12830
forty persons.	12831

(3) It has at least four thousand square feet of floor area.

12832

(4) It offers full-course meals, appetizers, and sandwiches.

12833

(5) Its receipts from beer and liquor sales, excluding wine	12834
sales, do not exceed twenty-five per cent of its total gross	12835
receipts.	12836

(6) It has at least one of the following characteristics:

12837

(a) The value of its real and personal property exceeds seven	12838
hundred twenty-five thousand dollars.	12839

(b) It is located on property that is owned or leased by the	12840
state or a state agency, and its owner or operator has	12841
authorization from the state or the state agency that owns or	12842
leases the property to obtain a D-5i permit.	12843

The holder of a D-5i permit shall cause an independent audit	12844
to be performed at the end of one full year of operation following	12845
issuance of the permit in order to verify the requirements of	12846
division (I)(5) of this section. The results of the independent	12847
audit shall be transmitted to the division. Upon determining that	12848
the receipts of the holder from beer and liquor sales, excluding	12849
wine sales, exceeded twenty-five per cent of its total gross	12850
receipts, the division shall suspend the permit of the permit	12851
holder under section 4301.25 of the Revised Code and may allow the	12852
permit holder to elect a forfeiture under section 4301.252 of the	12853
Revised Code.	12854

The holder of a D-5i permit may sell beer and any	12855
intoxicating liquor at retail, only by the individual drink in	12856
glass and from the container, for consumption on the premises	12857
where sold, and may sell the same products in the same manner and	12858
amounts not for consumption on the premises where sold as may be	12859
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	12860
permit shall sell no beer or intoxicating liquor for consumption	12861
on the premises where sold after two-thirty a.m. In addition to	12862
the privileges authorized in this division, the holder of a D-5i	12863
permit may exercise the same privileges as the holder of a D-5	12864
permit.	12865

A D-5i permit shall not be transferred to another location.	12866
The division of liquor control shall not renew a D-5i permit	12867
unless the retail food establishment or food service operation for	12868
which it is issued continues to meet the requirements described in	12869
divisions (I)(1) to (6) of this section. No quota restrictions	12870
shall be placed on the number of D-5i permits that may be issued.	12871
The fee for the D-5i permit is two thousand three hundred	12872
forty-four dollars.	12873

(J)(1) Permit D-5j may be issued to the owner or the operator	12874
of a retail food establishment or a food service operation	12875
licensed under Chapter 3717. of the Revised Code to sell beer and	12876
intoxicating liquor at retail, only by the individual drink in	12877
glass and from the container, for consumption on the premises	12878
where sold and to sell beer and intoxicating liquor in the same	12879
manner and amounts not for consumption on the premises where sold	12880
as may be sold by the holders of D-1 and D-2 permits. The holder	12881
of a D-5j permit may exercise the same privileges, and shall	12882
observe the same hours of operation, as the holder of a D-5	12883
permit.	12884

(2) The D-5j permit shall be issued only within a community	12885
entertainment district that is designated under section 4301.80 of	12886
the Revised Code and that meets one of the following	12887
qualifications:	12888

(a) It is located in a municipal corporation with a	12889
population of at least one hundred thousand.	12890

(b) It is located in a municipal corporation with a	12891
population of at least twenty thousand, and either of the	12892
following applies:	12893

(i) It contains an amusement park the rides of which have	12894
been issued a permit by the department of agriculture under	12895
Chapter 1711. of the Revised Code.	12896

(ii) Not less than fifty million dollars will be invested in	12897
development and construction in the community entertainment	12898
district's area located in the municipal corporation.	12899

(c) It is located in a township with a population of at least	12900
forty thousand.	12901

(d) It is located in a municipal corporation with a	12902
population of at least ten thousand, and not less than seventy	12903
million dollars will be invested in development and construction	12904
in the community entertainment district's area located in the	12905
municipal corporation.	12906

(3) The location of a D-5j permit may be transferred only	12907
within the geographic boundaries of the community entertainment	12908
district in which it was issued and shall not be transferred	12909
outside the geographic boundaries of that district.	12910

(4) Not more than one D-5j permit shall be issued within each	12911
community entertainment district for each five acres of land	12912
located within the district. Not more than fifteen D-5j permits	12913
may be issued within a single community entertainment district.	12914
Except as otherwise provided in division (J)(4) of this section,	12915
no quota restrictions shall be placed upon the number of D-5j	12916
permits that may be issued.	12917

(5) The fee for a D-5j permit is two thousand three hundred	12918
forty-four dollars.	12919

(K)(1) Permit D-5k may be issued to any nonprofit	12920
organization that is exempt from federal income taxation under the	12921
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	12922
501(c)(3), as amended, that is the owner or operator of a	12923
botanical garden recognized by the American association of	12924
botanical gardens and arboreta, and that has not less than	12925
twenty-five hundred bona fide members.	12926

(2) The holder of a D-5k permit may sell beer and any	12927
intoxicating liquor at retail, only by the individual drink in	12928
glass and from the container, on the premises where sold.	12929

(3) The holder of a D-5k permit shall sell no beer or	12930
intoxicating liquor for consumption on the premises where sold	12931
after one a.m.	12932

(4) A D-5k permit shall not be transferred to another	12933
location.	12934

(5) No quota restrictions shall be placed on the number of	12935
D-5k permits that may be issued.	12936

(6) The fee for the D-5k permit is one thousand eight hundred	12937
seventy-five dollars.	12938

(L) Permit D-5l may be issued to either the owner or the	12939
operator of a retail food establishment or food service operation	12940
licensed under Chapter 3717. of the Revised Code that operates as	12941
a restaurant for purposes of this chapter and that is located in,	12942
or affiliated with, a center for the preservation of wild animals	12943
as defined in section 4301.404 of the Revised Code, to sell beer	12944
and any intoxicating liquor at retail, only by the glass and from	12945
the container, for consumption on the premises where sold, and to	12946
sell the same products in the same manner and amounts not for	12947
consumption on the premises as may be sold by the holders of D-1	12948
and D-2 permits. In addition to the privileges authorized by this	12949
division, the holder of a D-5l permit may exercise the same	12950
privileges as the holder of a D-5 permit.	12951

A D-5l permit shall not be transferred to another location.	12952
No quota restrictions shall be placed on the number of D-5l	12953
permits that may be issued. The fee for a permit D-5l is two	12954
thousand three hundred forty-four dollars.	12955

Sec. 4303.182. (A) Except as otherwise provided in divisions	12956
(B) to (J) of this section, permit D-6 shall be issued to the	12957
holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5,	12958
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	12959
D-5l, or D-7 permit to allow sale under that permit between the	12960
hours of ten a.m. and midnight, or between the hours of one p.m.	12961
and midnight, on Sunday, as applicable, if that sale has been	12962
authorized under section 4301.361, 4301.364, 4301.365, or	12963
4301.366 of the Revised Code and under the restrictions of that	12964
authorization.	12965

(B) Permit D-6 shall be issued to the holder of any permit,	12966
including a D-4a and D-5d permit, authorizing the sale of	12967
intoxicating liquor issued for a premises located at any publicly	12968
owned airport, as defined in section 4563.01 of the Revised Code,	12969
at which commercial airline companies operate regularly scheduled	12970
flights on which space is available to the public, to allow sale	12971
under such permit between the hours of ten a.m. and midnight on	12972
Sunday, whether or not that sale has been authorized under section	12973
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	12974

(C) Permit D-6 shall be issued to the holder of a D-5a	12975
permit, and to the holder of a D-3 or D-3a permit who is the owner	12976
or operator of a hotel or motel that is required to be licensed	12977
under section 3731.03 of the Revised Code, that contains at least	12978
fifty rooms for registered transient guests, and that has on its	12979
premises a retail food establishment or a food service operation	12980
licensed pursuant to Chapter 3717. of the Revised Code that	12981
operates as a restaurant for purposes of this chapter and is	12982
affiliated with the hotel or motel and within or contiguous to the	12983
hotel or motel and serving food within the hotel or motel, to	12984
allow sale under such permit between the hours of ten a.m. and	12985
midnight on Sunday, whether or not that sale has been authorized	12986
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	12987
Revised Code.	12988

(D) The holder of a D-6 permit that is issued to a sports	12989
facility may make sales under the permit between the hours of	12990
eleven a.m. and midnight on any Sunday on which a professional	12991
baseball, basketball, football, hockey, or soccer game is being	12992
played at the sports facility. As used in this division, "sports	12993
facility" means a stadium or arena that has a seating capacity of	12994
at least four thousand and that is owned or leased by a	12995
professional baseball, basketball, football, hockey, or soccer	12996
franchise or any combination of those franchises.	12997

(E) Permit D-6 shall be issued to the holder of any permit	12998
that authorizes the sale of beer or intoxicating liquor and that	12999
is issued to a premises located in or at the Ohio historical	13000
society area or the state fairgrounds, as defined in division (B)	13001
of section 4301.40 of the Revised Code, to allow sale under that	13002
permit between the hours of ten a.m. and midnight on Sunday,	13003
whether or not that sale has been authorized under section	13004
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	13005

(F) Permit D-6 shall be issued to the holder of any permit	13006
that authorizes the sale of intoxicating liquor and that is issued	13007
to an outdoor performing arts center to allow sale under that	13008
permit between the hours of one p.m. and midnight on Sunday,	13009
whether or not that sale has been authorized under section	13010
4301.361 of the Revised Code. A D-6 permit issued under this	13011
division is subject to the results of an election, held after the	13012
D-6 permit is issued, on question (B)(4) as set forth in section	13013
4301.351 of the Revised Code. Following the end of the period	13014
during which an election may be held on question (B)(4) as set	13015
forth in that section, sales of intoxicating liquor may continue	13016
at an outdoor performing arts center under a D-6 permit issued	13017
under this division, unless an election on that question is held	13018
during the permitted period and a majority of the voters voting in	13019
the precinct on that question vote "no."	13020

As used in this division, "outdoor performing arts center"	13021
means an outdoor performing arts center that is located on not	13022
less than eight hundred acres of land and that is open for	13023
performances from the first day of April to the last day of	13024
October of each year.	13025

(G) Permit D-6 shall be issued to the holder of any permit	13026
that authorizes the sale of beer or intoxicating liquor and that	13027
is issued to a golf course owned by the state, a conservancy	13028
district, a park district created under Chapter 1545. of the	13029
Revised Code, or another political subdivision to allow sale under	13030
that permit between the hours of ten a.m. and midnight on Sunday,	13031
whether or not that sale has been authorized under section	13032
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	13033

(H) Permit D-6 shall be issued to the holder of a D-5g permit	13034
to allow sale under that permit between the hours of ten a.m. and	13035
midnight on Sunday, whether or not that sale has been authorized	13036
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	13037
Revised Code.	13038

(I) Permit D-6 shall be issued to the holder of any D permit	13039
for a premises that is licensed under Chapter 3717. of the Revised	13040
Code and that is located at a ski area to allow sale under the D-6	13041
permit between the hours of ten a.m. and midnight on Sunday,	13042
whether or not that sale has been authorized under section	13043
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	13044

As used in this division, "ski area" means a ski area as	13045
defined in section 4169.01 of the Revised Code, provided that the	13046
passenger tramway operator at that area is registered under	13047
section 4169.03 of the Revised Code.	13048

(J) Permit D-6 shall be issued to the holder of a D-5j permit	13049
for a permit premises that is located in a community entertainment	13050
district, as defined in section 4301.80 of the Revised Code, that	13051
was approved by the legislative authority of a municipal	13052
corporation under that section between October 1 and October 15,	13053
2005, to allow sale under the permit between the hours of ten a.m.	13054
and midnight on Sunday, whether or not that sale has been	13055
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	13056
of the Revised Code.	13057

(K) If the restriction to licensed premises where the sale of	13058
food and other goods and services exceeds fifty per cent of the	13059
total gross receipts of the permit holder at the premises is	13060
applicable, the division of liquor control may accept an affidavit	13061
from the permit holder to show the proportion of the permit	13062
holder's gross receipts derived from the sale of food and other	13063
goods and services. If the liquor control commission determines	13064
that affidavit to have been false, it shall revoke the permits of	13065
the permit holder at the premises concerned.	13066

(L) The fee for the D-6 permit is five hundred dollars when	13067
it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, D-4,	13068
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	13069
D-5j, D-5k, D-5l, or D-7 permit. The fee for the D-6 permit is	13070
four hundred dollars when it is issued to the holder of a C-2	13071
permit.	13072

Sec. 4303.232. (A)(1) ~~Except as provided in division (A)(2)~~	13073
~~of this section, permit~~Permit S may be issued to a person that	13074
~~manufactures wine,~~ is the brand owner or United States importer of	13075
wine, or is the designated agent of a brand owner or importer for	13076
all wine sold in this state for that owner or importer, or	13077
manufactures wine if such manufacturer is entitled to a tax credit	13078
under 27 C.F.R. 24.278 and produces less than two hundred fifty	13079
thousand gallons of wine per year. If the person resides outside	13080
this state, the person shall comply with the requirements	13081
governing the issuance of licenses or permits that authorize the	13082
sale of intoxicating liquor by the appropriate authority of the	13083
state in which the person resides or by the alcohol and tobacco	13084
tax and trade bureau of the United States department of the	13085
treasury.	13086

(2) ~~An S permit shall only be issued to a manufacturer of~~	13087
~~wine that is entitled to a tax credit under 27 C.F.R. 24.278 and~~	13088
~~that produces less than one hundred fifty thousand gallons of wine~~	13089
~~per year.~~	13090

~~(3)~~ The fee for the S permit is twenty-five dollars.

13091

~~(4)~~(3) The holder of an S permit may sell wine to a personal	13092
consumer by receiving and filling orders that the personal	13093
consumer submits to the permit holder. The permit holder shall	13094
sell only wine that the permit holder has manufactured to a	13095
personal consumer.	13096

~~(5)~~(4) The holder of an S permit shall renew the permit in	13097
accordance with section 4303.271 of the Revised Code, except that	13098
the renewal shall not be subject to the notice and hearing	13099
requirements established in division (B) of that section.	13100

~~(6)~~(5) The division of liquor control may refuse to renew an	13101
S permit for any of the reasons specified in section 4303.292 of	13102
the Revised Code or if the holder of the permit fails to do any	13103
of the following:	13104

(a) Collect and pay all applicable taxes specified in	13105
division (B) of this section;	13106

(b) Pay the permit fee;

13107

(c) Comply with this section or any rules adopted by the	13108
liquor control commission under section 4301.03 of the Revised	13109
Code.	13110

(B) The holder of an S permit shall collect and pay ~~all~~	13111
~~applicable~~the taxes relating to the delivery of wine to a	13112
personal consumer~~, including, but not limited to, taxes~~that are	13113
levied under sections 4301.421 and ~~4301.43~~4301.432 and Chapters	13114
5739. and 5741. of the Revised Code.	13115

(C)(1) The holder of an S permit shall send a shipment of	13116
wine that has been paid for by a personal consumer to that	13117
personal consumer via the holder of an H permit. Prior to sending	13118
a shipment of wine to a personal consumer, the holder of an S	13119
permit, or an employee of the permit holder, shall make a bona	13120
fide effort to ensure that the personal consumer is at least	13121
twenty-one years of age. The shipment of wine shall be shipped in	13122
a package that clearly has written on it in bold print the words	13123
"alcohol enclosed." No person shall fail to comply with division	13124
(C)(1) of this section.	13125

(2) Upon delivering a shipment of wine to a personal	13126
consumer, the holder of the H permit, or an employee of the permit	13127
holder, shall verify that the personal consumer is at least	13128
twenty-one years of age by checking the personal consumer's	13129
driver's or commercial driver's license or identification card	13130
issued under sections 4507.50 to 4507.52 of the Revised Code.	13131

(3) The holder of an S permit shall keep a record of each	13132
shipment of wine that the permit holder sends to a personal	13133
consumer. The records shall be used for all of the following:	13134

(a) To provide a copy of each wine shipment invoice to the	13135
tax commissioner in a manner prescribed by the commissioner. The	13136
invoice shall include the name of each personal consumer that	13137
purchased wine from the S permit holder in accordance with this	13138
section and any other information required by the tax	13139
commissioner.	13140

(b) To provide annually in electronic format by electronic	13141
means a report to the division. The report shall include the name	13142
and address of each personal consumer that purchased wine from the	13143
S permit holder in accordance with this section, the quantity of	13144
wine purchased by each personal consumer, and any other	13145
information requested by the division. The division shall	13146
prescribe and provide an electronic form for the report and shall	13147
determine the specific electronic means that the S permit holder	13148
must use to submit the report.	13149

(c) To notify a personal consumer of any health or welfare	13150
recalls of the wine that has been purchased by the personal	13151
consumer.	13152

(D) As used in this section, "personal consumer" means an	13153
individual who is at least twenty-one years of age, is a resident	13154
of this state, does not hold a permit issued under this chapter,	13155
and intends to use wine purchased in accordance with this section	13156
for personal consumption only and not for resale or other	13157
commercial purposes.	13158

(E) The holder of an S permit shall comply with this chapter,	13159
Chapter 4301. of the Revised Code, and any rules adopted by the	13160
liquor control commission under section 4301.03 of the Revised	13161
Code.	13162

Sec. 4303.233. No family household shall purchase more than	13163
twenty-four cases of ~~nine-liter~~twelve bottles of seven hundred	13164
fifty milliliters of wine in one year.	13165

Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, D-4,	13166
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	13167
D-5l, or D-6 permit shall be exercised at not more than two fixed	13168
counters, commonly known as bars, in rooms or places on the permit	13169
premises, where beer, mixed beverages, wine, or spirituous liquor	13170
is sold to the public for consumption on the premises. For each	13171
additional fixed counter on the permit premises where those	13172
beverages are sold for consumption on the premises, the permit	13173
holder shall obtain a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	13174
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or	13175
D-6 permit.	13176

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	13177
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-6 permit	13178
shall be granted, upon application to the division of liquor	13179
control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	13180
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-6 permit for	13181
each additional fixed counter on the permit premises at which	13182
beer, mixed beverages, wine, or spirituous liquor is sold for	13183
consumption on the premises, provided the application is made in	13184
the same manner as an application for an original permit. The	13185
application shall be identified with DUPLICATE printed on the	13186
permit application form furnished by the department, in boldface	13187
type. The application shall identify by name, or otherwise amply	13188
describe, the room or place on the premises where the duplicate	13189
permit is to be operative. Each duplicate permit shall be issued	13190
only to the same individual, firm, or corporation as that of the	13191
original permit and shall be an exact duplicate in size and word	13192
content as the original permit, except that it shall show on it	13193
the name or other ample identification of the room, or place, for	13194
which it is issued and shall have DUPLICATE printed on it in	13195
boldface type. A duplicate permit shall bear the same number as	13196
the original permit. The fee for a duplicate permit is: D-1, one	13197
hundred dollars; D-2, one hundred dollars; D-3, four hundred	13198
dollars; D-3a, four hundred dollars; D-4, two hundred dollars;	13199
D-5, one thousand dollars; D-5a, one thousand dollars; D-5b, one	13200
thousand dollars; D-5c, four hundred dollars; D-5e, six hundred	13201
fifty dollars; D-5f, one thousand dollars; D-6, one hundred	13202
dollars when issued to the holder of a D-4a permit; and in all	13203
other cases one hundred dollars or an amount which is twenty per	13204
cent of the fees payable for the A-1-A, D-2, D-3, D-3a, D-4, D-5,	13205
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, and	13206
D-6 permits issued to the same premises, whichever is higher.	13207
Application for a duplicate permit may be filed any time during	13208
the life of an original permit. The fee for each duplicate D-2,	13209
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h,	13210
D-5i, D-5j, D-5k, D-5l, or D-6 permit shall be paid in accordance	13211
with section 4303.24 of the Revised Code.	13212

Sec. 4303.33. (A) Every A-1 permit holder in this state,	13213
every bottler, importer, wholesale dealer, broker, producer, or	13214
manufacturer of beer outside this state and within the United	13215
States, and every B-1 permit holder and importer importing beer	13216
from any manufacturer, bottler, person, or group of persons	13217
however organized outside the United States for sale or	13218
distribution for sale in this state, on or before the eighteenth	13219
day of each month, shall make and file with the tax commissioner	13220
upon a form prescribed by the tax commissioner an advance tax	13221
payment in an amount estimated to equal the taxpayer's tax	13222
liability for the month in which the advance tax payment is made.	13223
If the advance tax payment credits claimed on the report are for	13224
advance tax payments received by the tax commissioner on or before	13225
the eighteenth day of the month covered by the report, the	13226
taxpayer is entitled to an additional credit of three per cent of	13227
the advance tax payment and a discount of three per cent shall be	13228
allowed the taxpayer at the time of filing the report if filed as	13229
provided in division (B) of this section on any amount by which	13230
the tax liability reflected in the report exceeds the advance tax	13231
payment estimate by not more than ten per cent. The additional	13232
three per cent credit and three per cent discount shall be in	13233
consideration for advancing the payment of the tax and other	13234
services performed by the permit holder and other taxpayers in the	13235
collection of the tax.	13236

"Advance tax payment credit" means credit for payments made	13237
by an A-1 or B-1 permit holder and any other persons during the	13238
period covered by a report which was made in anticipation of the	13239
tax liability required to be reported on that report.	13240

"Tax liability" as used in division (A) of this section means	13241
the total gross tax liability of an A-1 or B-1 permit holder and	13242
any other persons for the period covered by a report before any	13243
allowance for credits and discount.	13244

(B) Every A-1 permit holder in this state, every bottler,	13245
importer, wholesale dealer, broker, producer, or manufacturer of	13246
beer outside this state and within the United States, and every	13247
B-1 permit holder importing beer from any manufacturer, bottler,	13248
person, or group of persons however organized outside the United	13249
States, on or before the tenth day of each month, shall make and	13250
file a report for the preceding month upon a form prescribed by	13251
the tax commissioner which report shall show the amount of beer	13252
produced, sold, and distributed for sale in this state by the A-1	13253
permit holder, sold and distributed for sale in this state by each	13254
manufacturer, bottler, importer, wholesale dealer, or broker	13255
outside this state and within the United States, and the amount of	13256
beer imported into this state from outside the United States and	13257
sold and distributed for sale in this state by the B-1 permit	13258
holder or importer.	13259

The report shall be filed by mailing it to the tax	13260
commissioner, together with payment of the tax levied by sections	13261
4301.42 and 4305.01 of the Revised Code shown to be due on the	13262
report after deduction of advance payment credits and any	13263
additional credits or discounts provided for under this section.	13264

(C)(1) Every A-2 ~~and~~, A-4, B-2, B-2a, B-3, B-4, ~~and~~ B-5, and	13265
S permit holder in this state, on or before the eighteenth day of	13266
each month, shall make and file a report with the tax commissioner	13267
upon a form prescribed by the tax commissioner which report shall	13268
show, on the report of each A-2 ~~and~~, A-4, B-2a, and S permit	13269
holder the amount of wine, cider, and mixed beverages produced and	13270
sold, or sold in this state by each such A-2 ~~and~~, A-4, B-2a, and S	13271
permit holder for the next preceding calendar month and such other	13272
information as the tax commissioner requires, and on the report of	13273
each such B-2, B-3, B-4, and B-5 permit holder the amount of wine,	13274
cider, and mixed beverages purchased from an importer, broker,	13275
wholesale dealer, producer, or manufacturer located outside this	13276
state and sold and distributed in this state by such B-2, B-3,	13277
B-4, and B-5 permit holder, for the next preceding calendar month	13278
and such other information as the tax commissioner requires.	13279

(2) Every such A-2, A-4, B-2, B-2a, B-3, B-4, ~~and~~ B-5, and S	13280
permit holder in this state shall remit with the report the tax	13281
levied by sections 4301.43 and, if applicable, 4301.432 of the	13282
Revised Code less a discount thereon of three per cent of the	13283
total tax so levied and paid, provided the return is filed	13284
together with remittance of the amount of tax shown to be due	13285
thereon, within the time prescribed. Any permit holder or other	13286
persons who fail to file a report under this section, for each day	13287
the person so fails, may be required to forfeit and pay into the	13288
state treasury the sum of one dollar as revenue arising from the	13289
tax imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of	13290
the Revised Code, and that sum may be collected by assessment in	13291
the manner provided in section 4305.13 of the Revised Code.	13292

(3) If the tax commissioner determines that the quantity	13293
reported by a person does not warrant monthly reporting, the	13294
commissioner may authorize the filing of returns and the payment	13295
of the tax required by this section for periods longer than one	13296
month.	13297

(D) Every B-1 permit holder and importer in this state	13298
importing beer from any manufacturer, bottler, person, or group of	13299
persons however organized, outside the United States, if required	13300
by the tax commissioner shall post a bond payable to the state in	13301
such form and amount as the commissioner prescribes with surety to	13302
the satisfaction of the tax commissioner, conditioned upon the	13303
payment to the tax commissioner of taxes levied by sections	13304
4301.42 and 4305.01 of the Revised Code.	13305

(E) No such wine, beer, cider, or mixed beverages sold or	13306
distributed in this state shall be taxed more than once under	13307
sections 4301.42, 4301.43, and 4305.01 of the Revised Code.	13308

(F) As used in this section:

13309

(1) "Cider" has the same meaning as in section 4301.01 of the	13310
Revised Code.	13311

(2) "Wine" has the same meaning as in section 4301.01 of the	13312
Revised Code, except that "wine" does not include cider.	13313

(G) All money collected by the tax commissioner under this	13314
section shall be paid to the treasurer of state as revenue arising	13315
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	13316
4305.01 of the Revised Code.	13317

Sec. 4303.333. (A) An A-2 permit holder in this state whose	13318
total production of wine, wherever produced, which but for this	13319
exemption is taxable under section 4301.43 of the Revised Code	13320
does not exceed five hundred thousand gallons in a calendar year,	13321
shall be allowed an exemption from the taxes levied ~~in the~~	13322
~~following calendar year~~ under section 4301.43 of the Revised Code	13323
on wine produced and sold or distributed in this state. The	13324
exemption may be claimed monthly against current taxes levied	13325
under such section as the reports required by section 4303.33 of	13326
the Revised Code are due. At the time the report for December is	13327
due for a calendar year during which a permit holder ~~is eligible~~	13328
~~to receive~~claimed an exemption under this section, if the permit	13329
holder has paid the tax levied under section 4301.43 of the	13330
Revised Code, the permit holder may claim a refund of such tax	13331
paid during the calendar year or shall remit any additional tax	13332
due because it did not qualify for the exemption on the December	13333
report. For the purpose of providing this refund, taxes previously	13334
paid under section 4303.33 of the Revised Code during the calendar	13335
year shall not be considered final until the December report is	13336
filed. ~~The~~	13337

(B) The tax commissioner shall prescribe forms for and allow	13338
the exemptions and refunds authorized by this section.	13339

Sec. 4399.12. No provision contained in Title XLIII of the	13340
Revised Code that prohibits the sale of intoxicating liquors in	13341
any of the circumstances described in section 4399.11 of the	13342
Revised Code extends to or prevents the holder of an A, B, C-2,	13343
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g,	13344
D-5h, D-5i, D-5j, D-5k, D-5l, G, or I permit issued by the	13345
division of liquor control from distributing or selling	13346
intoxicating liquor at the place of business described in the	13347
permit of the holder.	13348

Sec. 4510.10. (A) As used in this section, "reinstatement	13349
fees" means the fees that are required under section 4507.1612,	13350
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	13351
provision of the Revised Code, or under a schedule established by	13352
the bureau of motor vehicles, in order to reinstate a driver's or	13353
commercial driver's license or permit or nonresident operating	13354
privilege of an offender under a suspension.	13355

(B) Reinstatement fees are those fees that compensate the	13356
bureau of motor vehicles for suspensions, cancellations, or	13357
disqualifications of a person's driving privileges and to	13358
compensate the bureau and other agencies in their administration	13359
of programs intended to reduce and eliminate threats to public	13360
safety through education, treatment, and other activities. The	13361
registrar of motor vehicles shall not reinstate a driver's or	13362
commercial driver's license or permit or nonresident operating	13363
privilege of a person until the person has paid all reinstatement	13364
fees and has complied with all conditions for each suspension,	13365
cancellation, or disqualification incurred by that person.	13366

(C) AnWhen a municipal court or county court determines in a	13367
pending case involving an offender that the offender cannot	13368
reasonably pay reinstatement fees due and owing by the offender	13369
relative to one or more suspensions that have been or will be	13370
imposed by the bureau of motor vehicles or by a court of this	13371
state, the court, by order, may undertake an installment payment	13372
plan or a payment extension plan for the payment of reinstatement	13373
fees due and owing to the bureau in that pending case. The court	13374
shall establish an installment payment plan or a payment	13375
extension plan under this division in accordance with the	13376
requirements of divisions (D)(1) and (2) of this section.	13377

(D) Independent of the provisions of division (C) of this	13378
section, an offender who cannot reasonably pay reinstatement fees	13379
due and owing by the offender relative to a suspension that has	13380
been imposed on the offender may file a petition in the municipal	13381
court, county court, or, if the person is under the age of	13382
eighteen, the juvenile division of the court of common pleas in	13383
whose jurisdiction the person resides or, if the person is not a	13384
resident of this state, in the Franklin county municipal court or	13385
juvenile division of the Franklin county court of common pleas for	13386
an order that does either of the following, in order of	13387
preference:	13388

(1) Establishes a reasonable payment plan of not less than	13389
fifty dollars per month, to be paid by the offender to the bureau	13390
of motor vehicles in all succeeding months until all reinstatement	13391
fees required of the offender are paid in full;	13392

(2) If the offender, but for the payment of the reinstatement	13393
fees, otherwise would be entitled to operate a vehicle in this	13394
state or to obtain reinstatement of the offender's operating	13395
privileges, permits the offender to operate a motor vehicle, as	13396
authorized by the court, until a future date upon which date all	13397
reinstatement fees must be paid in full. A payment extension	13398
granted under this division shall not exceed one hundred eighty	13399
days, and any operating privileges granted under this division	13400
shall be solely for the purpose of permitting the offender	13401
occupational or "family necessity" privileges in order to enable	13402
the offender to reasonably acquire the delinquent reinstatement	13403
fees due and owing.	13404

~~(D)~~(E) If a municipal court, county court, or juvenile	13405
division enters an order of the type described in division (C) or	13406
division (D)(1) or (2) of this section, the court, at any time	13407
after the issuance of the order, may determine that a change of	13408
circumstances has occurred and may amend the order as justice	13409
requires, provided that the amended order also shall be an order	13410
that is permitted under division (C) or division (D)(1) or (2) of	13411
this section.	13412

~~(E)~~(F) If a court enters an order of the type described in	13413
division (C), (D)(1), ~~(C)~~(D)(2), or ~~(D)~~(E) of this section, during	13414
the pendency of the order, the offender in relation to whom it	13415
applies is not subject to prosecution for failing to pay the	13416
reinstatement fees covered by the order.	13417

~~(F)~~(G) Reinstatement fees are debts that may be discharged in	13418
bankruptcy.	13419

Sec. 4511.01. As used in this chapter and in Chapter 4513.	13420
of the Revised Code:	13421

(A) "Vehicle" means every device, including a motorized	13422
bicycle, in, upon, or by which any person or property may be	13423
transported or drawn upon a highway, except that "vehicle" does	13424
not include any motorized wheelchair, any electric personal	13425
assistive mobility device, any device that is moved by power	13426
collected from overhead electric trolley wires or that is used	13427
exclusively upon stationary rails or tracks, or any device, other	13428
than a bicycle, that is moved by human power.	13429

(B) "Motor vehicle" means every vehicle propelled or drawn by	13430
power other than muscular power or power collected from overhead	13431
electric trolley wires, except motorized bicycles, road rollers,	13432
traction engines, power shovels, power cranes, and other equipment	13433
used in construction work and not designed for or employed in	13434
general highway transportation, hole-digging machinery,	13435
well-drilling machinery, ditch-digging machinery, farm machinery,	13436
and trailers designed and used exclusively to transport a boat	13437
between a place of storage and a marina, or in and around a	13438
marina, when drawn or towed on a street or highway for a distance	13439
of no more than ten miles and at a speed of twenty-five miles per	13440
hour or less.	13441

(C) "Motorcycle" means every motor vehicle, other than a	13442
tractor, having a seat or saddle for the use of the operator and	13443
designed to travel on not more than three wheels in contact with	13444
the ground, including, but not limited to, motor vehicles known as	13445
"motor-driven cycle," "motor scooter," or "motorcycle" without	13446
regard to weight or brake horsepower.	13447

(D) "Emergency vehicle" means emergency vehicles of	13448
municipal, township, or county departments or public utility	13449
corporations when identified as such as required by law, the	13450
director of public safety, or local authorities, and motor	13451
vehicles when commandeered by a police officer.	13452

(E) "Public safety vehicle" means any of the following:

13453

(1) Ambulances, including private ambulance companies under	13454
contract to a municipal corporation, township, or county, and	13455
private ambulances and nontransport vehicles bearing license	13456
plates issued under section 4503.49 of the Revised Code;	13457

(2) Motor vehicles used by public law enforcement officers or	13458
other persons sworn to enforce the criminal and traffic laws of	13459
the state;	13460

(3) Any motor vehicle when properly identified as required by	13461
the director of public safety, when used in response to fire	13462
emergency calls or to provide emergency medical service to ill or	13463
injured persons, and when operated by a duly qualified person who	13464
is a member of a volunteer rescue service or a volunteer fire	13465
department, and who is on duty pursuant to the rules or directives	13466
of that service. The state fire marshal shall be designated by the	13467
director of public safety as the certifying agency for all public	13468
safety vehicles described in division (E)(3) of this section.	13469

(4) Vehicles used by fire departments, including motor	13470
vehicles when used by volunteer fire fighters responding to	13471
emergency calls in the fire department service when identified as	13472
required by the director of public safety.	13473

Any vehicle used to transport or provide emergency medical	13474
service to an ill or injured person, when certified as a public	13475
safety vehicle, shall be considered a public safety vehicle when	13476
transporting an ill or injured person to a hospital regardless of	13477
whether such vehicle has already passed a hospital.	13478

(5) Vehicles used by the motor carrier enforcement unit for	13479
the enforcement of orders and rules of the public utilities	13480
commission as specified in section 5503.34 of the Revised Code.	13481

(F) "School bus" means every bus designed for carrying more	13482
than nine passengers that is owned by a public, private, or	13483
governmental agency or institution of learning and operated for	13484
the transportation of children to or from a school session or a	13485
school function, or owned by a private person and operated for	13486
compensation for the transportation of children to or from a	13487
school session or a school function, provided "school bus" does	13488
not include a bus operated by a municipally owned transportation	13489
system, a mass transit company operating exclusively within the	13490
territorial limits of a municipal corporation, or within such	13491
limits and the territorial limits of municipal corporations	13492
immediately contiguous to such municipal corporation, nor a common	13493
passenger carrier certified by the public utilities commission	13494
unless such bus is devoted exclusively to the transportation of	13495
children to and from a school session or a school function, and	13496
"school bus" does not include a van or bus used by a licensed	13497
child day-care center or type A family day-care home to transport	13498
children from the child day-care center or type A family day-care	13499
home to a school if the van or bus does not have more than fifteen	13500
children in the van or bus at any time.	13501

(G) "Bicycle" means every device, other than a tricycle	13502
designed solely for use as a play vehicle by a child, propelled	13503
solely by human power upon which any person may ride having either	13504
two tandem wheels, or one wheel in the front and two wheels in the	13505
rear, any of which is more than fourteen inches in diameter.	13506

(H) "Motorized bicycle" means any vehicle having either two	13507
tandem wheels or one wheel in the front and two wheels in the	13508
rear, that is capable of being pedaled and is equipped with a	13509
helper motor of not more than fifty cubic centimeters piston	13510
displacement that produces no more than one brake horsepower and	13511
is capable of propelling the vehicle at a speed of no greater than	13512
twenty miles per hour on a level surface.	13513

(I) "Commercial tractor" means every motor vehicle having	13514
motive power designed or used for drawing other vehicles and not	13515
so constructed as to carry any load thereon, or designed or used	13516
for drawing other vehicles while carrying a portion of such other	13517
vehicles, or load thereon, or both.	13518

(J) "Agricultural tractor" means every self-propelling	13519
vehicle designed or used for drawing other vehicles or wheeled	13520
machinery but having no provision for carrying loads independently	13521
of such other vehicles, and used principally for agricultural	13522
purposes.	13523

(K) "Truck" means every motor vehicle, except trailers and	13524
semitrailers, designed and used to carry property.	13525

(L) "Bus" means every motor vehicle designed for carrying	13526
more than nine passengers and used for the transportation of	13527
persons other than in a ridesharing arrangement, and every motor	13528
vehicle, automobile for hire, or funeral car, other than a taxicab	13529
or motor vehicle used in a ridesharing arrangement, designed and	13530
used for the transportation of persons for compensation.	13531

(M) "Trailer" means every vehicle designed or used for	13532
carrying persons or property wholly on its own structure and for	13533
being drawn by a motor vehicle, including any such vehicle when	13534
formed by or operated as a combination of a "semitrailer" and a	13535
vehicle of the dolly type, such as that commonly known as a	13536
"trailer dolly," a vehicle used to transport agricultural produce	13537
or agricultural production materials between a local place of	13538
storage or supply and the farm when drawn or towed on a street or	13539
highway at a speed greater than twenty-five miles per hour, and a	13540
vehicle designed and used exclusively to transport a boat between	13541
a place of storage and a marina, or in and around a marina, when	13542
drawn or towed on a street or highway for a distance of more than	13543
ten miles or at a speed of more than twenty-five miles per hour.	13544

(N) "Semitrailer" means every vehicle designed or used for	13545
carrying persons or property with another and separate motor	13546
vehicle so that in operation a part of its own weight or that of	13547
its load, or both, rests upon and is carried by another vehicle.	13548

(O) "Pole trailer" means every trailer or semitrailer	13549
attached to the towing vehicle by means of a reach, pole, or by	13550
being boomed or otherwise secured to the towing vehicle, and	13551
ordinarily used for transporting long or irregular shaped loads	13552
such as poles, pipes, or structural members capable, generally, of	13553
sustaining themselves as beams between the supporting connections.	13554

(P) "Railroad" means a carrier of persons or property	13555
operating upon rails placed principally on a private right-of-way.	13556

(Q) "Railroad train" means a steam engine or an electric or	13557
other motor, with or without cars coupled thereto, operated by a	13558
railroad.	13559

(R) "Streetcar" means a car, other than a railroad train, for	13560
transporting persons or property, operated upon rails principally	13561
within a street or highway.	13562

(S) "Trackless trolley" means every car that collects its	13563
power from overhead electric trolley wires and that is not	13564
operated upon rails or tracks.	13565

(T) "Explosives" means any chemical compound or mechanical	13566
mixture that is intended for the purpose of producing an explosion	13567
that contains any oxidizing and combustible units or other	13568
ingredients in such proportions, quantities, or packing that an	13569
ignition by fire, by friction, by concussion, by percussion, or by	13570
a detonator of any part of the compound or mixture may cause such	13571
a sudden generation of highly heated gases that the resultant	13572
gaseous pressures are capable of producing destructive effects on	13573
contiguous objects, or of destroying life or limb. Manufactured	13574
articles shall not be held to be explosives when the individual	13575
units contain explosives in such limited quantities, of such	13576
nature, or in such packing, that it is impossible to procure a	13577
simultaneous or a destructive explosion of such units, to the	13578
injury of life, limb, or property by fire, by friction, by	13579
concussion, by percussion, or by a detonator, such as fixed	13580
ammunition for small arms, firecrackers, or safety fuse matches.	13581

(U) "Flammable liquid" means any liquid that has a flash	13582
point of seventy degrees fahrenheit, or less, as determined by a	13583
tagliabue or equivalent closed cup test device.	13584

(V) "Gross weight" means the weight of a vehicle plus the	13585
weight of any load thereon.	13586

(W) "Person" means every natural person, firm,	13587
co-partnership, association, or corporation.	13588

(X) "Pedestrian" means any natural person afoot.

13589

(Y) "Driver or operator" means every person who drives or is	13590
in actual physical control of a vehicle, trackless trolley, or	13591
streetcar.	13592

(Z) "Police officer" means every officer authorized to direct	13593
or regulate traffic, or to make arrests for violations of traffic	13594
regulations.	13595

(AA) "Local authorities" means every county, municipal, and	13596
other local board or body having authority to adopt police	13597
regulations under the constitution and laws of this state.	13598

(BB) "Street" or "highway" means the entire width between the	13599
boundary lines of every way open to the use of the public as a	13600
thoroughfare for purposes of vehicular travel.	13601

(CC) "Controlled-access highway" means every street or	13602
highway in respect to which owners or occupants of abutting lands	13603
and other persons have no legal right of access to or from the	13604
same except at such points only and in such manner as may be	13605
determined by the public authority having jurisdiction over such	13606
street or highway.	13607

(DD) "Private road or driveway" means every way or place in	13608
private ownership used for vehicular travel by the owner and those	13609
having express or implied permission from the owner but not by	13610
other persons.	13611

(EE) "Roadway" means that portion of a highway improved,	13612
designed, or ordinarily used for vehicular travel, except the berm	13613
or shoulder. If a highway includes two or more separate roadways	13614
the term "roadway" means any such roadway separately but not all	13615
such roadways collectively.	13616

(FF) "Sidewalk" means that portion of a street between the	13617
curb lines, or the lateral lines of a roadway, and the adjacent	13618
property lines, intended for the use of pedestrians.	13619

(GG) "Laned highway" means a highway the roadway of which is	13620
divided into two or more clearly marked lanes for vehicular	13621
traffic.	13622

(HH) "Through highway" means every street or highway as	13623
provided in section 4511.65 of the Revised Code.	13624

(II) "State highway" means a highway under the jurisdiction	13625
of the department of transportation, outside the limits of	13626
municipal corporations, provided that the authority conferred upon	13627
the director of transportation in section 5511.01 of the Revised	13628
Code to erect state highway route markers and signs directing	13629
traffic shall not be modified by sections 4511.01 to 4511.79 and	13630
4511.99 of the Revised Code.	13631

(JJ) "State route" means every highway that is designated	13632
with an official state route number and so marked.	13633

(KK) "Intersection" means:

13634

(1) The area embraced within the prolongation or connection	13635
of the lateral curb lines, or, if none, then the lateral boundary	13636
lines of the roadways of two highways which join one another at,	13637
or approximately at, right angles, or the area within which	13638
vehicles traveling upon different highways joining at any other	13639
angle may come in conflict.	13640

(2) Where a highway includes two roadways thirty feet or more	13641
apart, then every crossing of each roadway of such divided highway	13642
by an intersecting highway shall be regarded as a separate	13643
intersection. If an intersecting highway also includes two	13644
roadways thirty feet or more apart, then every crossing of two	13645
roadways of such highways shall be regarded as a separate	13646
intersection.	13647

(3) The junction of an alley with a street or highway, or	13648
with another alley, shall not constitute an intersection.	13649

(LL) "Crosswalk" means:

13650

(1) That part of a roadway at intersections ordinarily	13651
included within the real or projected prolongation of property	13652
lines and curb lines or, in the absence of curbs, the edges of the	13653
traversable roadway;	13654

(2) Any portion of a roadway at an intersection or elsewhere,	13655
distinctly indicated for pedestrian crossing by lines or other	13656
markings on the surface;	13657

(3) Notwithstanding divisions (LL)(1) and (2) of this	13658
section, there shall not be a crosswalk where local authorities	13659
have placed signs indicating no crossing.	13660

(MM) "Safety zone" means the area or space officially set	13661
apart within a roadway for the exclusive use of pedestrians and	13662
protected or marked or indicated by adequate signs as to be	13663
plainly visible at all times.	13664

(NN) "Business district" means the territory fronting upon a	13665
street or highway, including the street or highway, between	13666
successive intersections within municipal corporations where fifty	13667
per cent or more of the frontage between such successive	13668
intersections is occupied by buildings in use for business, or	13669
within or outside municipal corporations where fifty per cent or	13670
more of the frontage for a distance of three hundred feet or more	13671
is occupied by buildings in use for business, and the character of	13672
such territory is indicated by official traffic control devices.	13673

(OO) "Residence district" means the territory, not comprising	13674
a business district, fronting on a street or highway, including	13675
the street or highway, where, for a distance of three hundred feet	13676
or more, the frontage is improved with residences or residences	13677
and buildings in use for business.	13678

(PP) "Urban district" means the territory contiguous to and	13679
including any street or highway which is built up with structures	13680
devoted to business, industry, or dwelling houses situated at	13681
intervals of less than one hundred feet for a distance of a	13682
quarter of a mile or more, and the character of such territory is	13683
indicated by official traffic control devices.	13684

(QQ) "Traffic control devices" means all flaggers, signs,	13685
signals, markings, and devices placed or erected by authority of a	13686
public body or official having jurisdiction, for the purpose of	13687
regulating, warning, or guiding traffic, including signs denoting	13688
names of streets and highways.	13689

(RR) "Traffic control signal" means any device, whether	13690
manually, electrically, or mechanically operated, by which traffic	13691
is alternately directed to stop, to proceed, to change direction,	13692
or not to change direction.	13693

(SS) "Railroad sign or signal" means any sign, signal, or	13694
device erected by authority of a public body or official or by a	13695
railroad and intended to give notice of the presence of railroad	13696
tracks or the approach of a railroad train.	13697

(TT) "Traffic" means pedestrians, ridden or herded animals,	13698
vehicles, streetcars, trackless trolleys, and other devices,	13699
either singly or together, while using any highway for purposes of	13700
travel.	13701

(UU) "Right-of-way" means either of the following, as the	13702
context requires:	13703

(1) The right of a vehicle, streetcar, trackless trolley, or	13704
pedestrian to proceed uninterruptedly in a lawful manner in the	13705
direction in which it or the individual is moving in preference to	13706
another vehicle, streetcar, trackless trolley, or pedestrian	13707
approaching from a different direction into its or the	13708
individual's path;	13709

(2) A general term denoting land, property, or the interest	13710
therein, usually in the configuration of a strip, acquired for or	13711
devoted to transportation purposes. When used in this context,	13712
right-of-way includes the roadway, shoulders or berm, ditch, and	13713
slopes extending to the right-of-way limits under the control of	13714
the state or local authority.	13715

(VV) "Rural mail delivery vehicle" means every vehicle used	13716
to deliver United States mail on a rural mail delivery route.	13717

(WW) "Funeral escort vehicle" means any motor vehicle,	13718
including a funeral hearse, while used to facilitate the movement	13719
of a funeral procession.	13720

(XX) "Alley" means a street or highway intended to provide	13721
access to the rear or side of lots or buildings in urban districts	13722
and not intended for the purpose of through vehicular traffic, and	13723
includes any street or highway that has been declared an "alley"	13724
by the legislative authority of the municipal corporation in which	13725
such street or highway is located.	13726

(YY) "Freeway" means a divided multi-lane highway for through	13727
traffic with all crossroads separated in grade and with full	13728
control of access.	13729

(ZZ) "Expressway" means a divided arterial highway for	13730
through traffic with full or partial control of access with an	13731
excess of fifty per cent of all crossroads separated in grade.	13732

(AAA) "Thruway" means a through highway whose entire roadway	13733
is reserved for through traffic and on which roadway parking is	13734
prohibited.	13735

(BBB) "Stop intersection" means any intersection at one or	13736
more entrances of which stop signs are erected.	13737

(CCC) "Arterial street" means any United States or state	13738
numbered route, controlled access highway, or other major radial	13739
or circumferential street or highway designated by local	13740
authorities within their respective jurisdictions as part of a	13741
major arterial system of streets or highways.	13742

(DDD) "Ridesharing arrangement" means the transportation of	13743
persons in a motor vehicle where such transportation is incidental	13744
to another purpose of a volunteer driver and includes ridesharing	13745
arrangements known as carpools, vanpools, and buspools.	13746

(EEE) "Motorized wheelchair" means any self-propelled vehicle	13747
designed for, and used by, a handicapped person and that is	13748
incapable of a speed in excess of eight miles per hour.	13749

(FFF) "Child day-care center" and "type A family day-care	13750
home" have the same meanings as in section 5104.01 of the Revised	13751
Code.	13752

(GGG) "Multi-wheel agricultural tractor" means a type of	13753
agricultural tractor that has two or more wheels or tires on each	13754
side of one axle at the rear of the tractor, is designed or used	13755
for drawing other vehicles or wheeled machinery, has no provision	13756
for carrying loads independently of the drawn vehicles or	13757
machinery, and is used principally for agricultural purposes.	13758

(HHH) "Operate" means to cause or have caused movement of a	13759
vehicle, streetcar, or trackless trolley.	13760

(III) "Predicate motor vehicle or traffic offense" means any	13761
of the following:	13762

(1) A violation of section 4511.03, 4511.051, 4511.12,	13763
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	13764
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	13765
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	13766
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	13767
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	13768
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	13769
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	13770
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	13771
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	13772
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	13773

(2) A violation of division (A)(2) of section 4511.17,	13774
divisions (A) to (D) of section 4511.51, or division (A) of	13775
section 4511.74 of the Revised Code;	13776

(3) A violation of any provision of sections 4511.01 to	13777
4511.76 of the Revised Code for which no penalty otherwise is	13778
provided in the section that contains the provision violated;	13779

(4) A violation of a municipal ordinance that is	13780
substantially similar to any section or provision set forth or	13781
described in division (III)(1), (2), or (3) of this section.	13782

Sec. 4511.181. As used in sections 4511.181 to 4511.197 of	13783
the Revised Code:	13784

(A) "Equivalent offense" means any of the following:

13785

(1) A violation of division (A) or (B) of section 4511.19 of	13786
the Revised Code;	13787

(2) A violation of a municipal OVI ordinance;

13788

(3) A violation of section 2903.04 of the Revised Code in a	13789
case in which the offender was subject to the sanctions described	13790
in division (D) of that section;	13791

(4) A violation of division (A)(1) of section 2903.06 or	13792
2903.08 of the Revised Code or a municipal ordinance that is	13793
substantially equivalent to either of those divisions;	13794

(5) A violation of division (A)(2), (3), or (4) of section	13795
2903.06, division (A)(2) of section 2903.08, or former section	13796
2903.07 of the Revised Code, or a municipal ordinance that is	13797
substantially equivalent to any of those divisions or that former	13798
section, in a case in which a judge or jury as the trier of fact	13799
found that the offender was under the influence of alcohol, a drug	13800
of abuse, or a combination of them;	13801

(6) A violation of an existing or former municipal ordinance,	13802
law of another state, or law of the United States that is	13803
substantially equivalent to division (A) or (B) of section 4511.19	13804
of the Revised Code;	13805

(7) A violation of a former law of this state that was	13806
substantially equivalent to division (A) or (B) of section 4511.19	13807
of the Revised Code.	13808

(B) "Mandatory jail term" means the mandatory term in jail of	13809
three, six, ten, twenty, thirty, or sixty days that must be	13810
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	13811
of the Revised Code upon an offender convicted of a violation of	13812
division (A) of that section and in relation to which all of the	13813
following apply:	13814

(1) Except as specifically authorized under section 4511.19	13815
of the Revised Code, the term must be served in a jail.	13816

(2) Except as specifically authorized under section 4511.19	13817
of the Revised Code, the term cannot be suspended, reduced, or	13818
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	13819
other provision of the Revised Code.	13820

(C) "Municipal OVI ordinance" and "municipal OVI offense"	13821
mean any municipal ordinance prohibiting a person from operating a	13822
vehicle while under the influence of alcohol, a drug of abuse, or	13823
a combination of them or prohibiting a person from operating a	13824
vehicle with a prohibited concentration of alcohol, a controlled	13825
substance, or a metabolite of a controlled substance in the whole	13826
blood, blood serum or plasma, breath, or urine.	13827

(D) "Community residential sanction," "continuous alcohol	13828
monitoring," "jail," "mandatory prison term," "mandatory term of	13829
local incarceration," "sanction," and "prison term" have the same	13830
meanings as in section 2929.01 of the Revised Code.	13831

(E) "Drug of abuse" has the same meaning as in section	13832
4506.01 of the Revised Code.	13833

Sec. 4511.191. (A)(1) As used in this section:

13834

(a) "Physical control" has the same meaning as in section	13835
4511.194 of the Revised Code.	13836

(b) "Alcohol monitoring device" means any device that	13837
provides for continuous alcohol monitoring, any ignition interlock	13838
device, any immobilizing or disabling device other than an	13839
ignition interlock device that is constantly available to monitor	13840
the concentration of alcohol in a person's system, or any other	13841
device that provides for the automatic testing and periodic	13842
reporting of alcohol consumption by a person and that a court	13843
orders a person to use as a sanction imposed as a result of the	13844
person's conviction of or plea of guilty to an offense.	13845

(2) Any person who operates a vehicle, streetcar, or	13846
trackless trolley upon a highway or any public or private property	13847
used by the public for vehicular travel or parking within this	13848
state or who is in physical control of a vehicle, streetcar, or	13849
trackless trolley shall be deemed to have given consent to a	13850
chemical test or tests of the person's whole blood, blood serum or	13851
plasma, breath, or urine to determine the alcohol, drug of abuse,	13852
controlled substance, metabolite of a controlled substance, or	13853
combination content of the person's whole blood, blood serum or	13854
plasma, breath, or urine if arrested for a violation of division	13855
(A) or (B) of section 4511.19 of the Revised Code, section	13856
4511.194 of the Revised Code or a substantially equivalent	13857
municipal ordinance, or a municipal OVI ordinance.	13858

(3) The chemical test or tests under division (A)(2) of this	13859
section shall be administered at the request of a law enforcement	13860
officer having reasonable grounds to believe the person was	13861
operating or in physical control of a vehicle, streetcar, or	13862
trackless trolley in violation of a division, section, or	13863
ordinance identified in division (A)(2) of this section. The law	13864
enforcement agency by which the officer is employed shall	13865
designate which of the tests shall be administered.	13866

(4) Any person who is dead or unconscious, or who otherwise	13867
is in a condition rendering the person incapable of refusal, shall	13868
be deemed to have consented as provided in division (A)(2) of this	13869
section, and the test or tests may be administered, subject to	13870
sections 313.12 to 313.16 of the Revised Code.	13871

(B)(1) Upon receipt of the sworn report of a law enforcement	13872
officer who arrested a person for a violation of division (A) or	13873
(B) of section 4511.19 of the Revised Code, section 4511.194 of	13874
the Revised Code or a substantially equivalent municipal	13875
ordinance, or a municipal OVI ordinance that was completed and	13876
sent to the registrar and a court pursuant to section 4511.192 of	13877
the Revised Code in regard to a person who refused to take the	13878
designated chemical test, the registrar shall enter into the	13879
registrar's records the fact that the person's driver's or	13880
commercial driver's license or permit or nonresident operating	13881
privilege was suspended by the arresting officer under this	13882
division and that section and the period of the suspension, as	13883
determined under this section. The suspension shall be subject to	13884
appeal as provided in section 4511.197 of the Revised Code. The	13885
suspension shall be for whichever of the following periods	13886
applies:	13887

(a) Except when division (B)(1)(b), (c), or (d) of this	13888
section applies and specifies a different class or length of	13889
suspension, the suspension shall be a class C suspension for the	13890
period of time specified in division (B)(3) of section 4510.02 of	13891
the Revised Code.	13892

(b) If the arrested person, within six years of the date on	13893
which the person refused the request to consent to the chemical	13894
test, had refused one previous request to consent to a chemical	13895
test, the suspension shall be a class B suspension imposed for the	13896
period of time specified in division (B)(2) of section 4510.02 of	13897
the Revised Code.	13898

(c) If the arrested person, within six years of the date on	13899
which the person refused the request to consent to the chemical	13900
test, had refused two previous requests to consent to a chemical	13901
test, the suspension shall be a class A suspension imposed for the	13902
period of time specified in division (B)(1) of section 4510.02 of	13903
the Revised Code.	13904

(d) If the arrested person, within six years of the date on	13905
which the person refused the request to consent to the chemical	13906
test, had refused three or more previous requests to consent to a	13907
chemical test, the suspension shall be for five years.	13908

(2) The registrar shall terminate a suspension of the	13909
driver's or commercial driver's license or permit of a resident or	13910
of the operating privilege of a nonresident, or a denial of a	13911
driver's or commercial driver's license or permit, imposed	13912
pursuant to division (B)(1) of this section upon receipt of notice	13913
that the person has entered a plea of guilty to, or that the	13914
person has been convicted after entering a plea of no contest to,	13915
operating a vehicle in violation of section 4511.19 of the Revised	13916
Code or in violation of a municipal OVI ordinance, if the offense	13917
for which the conviction is had or the plea is entered arose from	13918
the same incident that led to the suspension or denial.	13919

The registrar shall credit against any judicial suspension of	13920
a person's driver's or commercial driver's license or permit or	13921
nonresident operating privilege imposed pursuant to section	13922
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	13923
Revised Code for a violation of a municipal OVI ordinance, any	13924
time during which the person serves a related suspension imposed	13925
pursuant to division (B)(1) of this section.	13926

(C)(1) Upon receipt of the sworn report of the law	13927
enforcement officer who arrested a person for a violation of	13928
division (A) or (B) of section 4511.19 of the Revised Code or a	13929
municipal OVI ordinance that was completed and sent to the	13930
registrar and a court pursuant to section 4511.192 of the Revised	13931
Code in regard to a person whose test results indicate that the	13932
person's whole blood, blood serum or plasma, breath, or urine	13933
contained at least the concentration of alcohol specified in	13934
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	13935
Revised Code or at least the concentration of a listed controlled	13936
substance or a listed metabolite of a controlled substance	13937
specified in division (A)(1)(j) of section 4511.19 of the Revised	13938
Code, the registrar shall enter into the registrar's records the	13939
fact that the person's driver's or commercial driver's license or	13940
permit or nonresident operating privilege was suspended by the	13941
arresting officer under this division and section 4511.192 of the	13942
Revised Code and the period of the suspension, as determined under	13943
divisions (F)(1) to (4) of this section. The suspension shall be	13944
subject to appeal as provided in section 4511.197 of the Revised	13945
Code. The suspension described in this division does not apply to,	13946
and shall not be imposed upon, a person arrested for a violation	13947
of section 4511.194 of the Revised Code or a substantially	13948
equivalent municipal ordinance who submits to a designated	13949
chemical test. The suspension shall be for whichever of the	13950
following periods applies:	13951

(a) Except when division (C)(1)(b), (c), or (d) of this	13952
section applies and specifies a different period, the suspension	13953
shall be a class E suspension imposed for the period of time	13954
specified in division (B)(5) of section 4510.02 of the Revised	13955
Code.	13956

(b) The suspension shall be a class C suspension for the	13957
period of time specified in division (B)(3) of section 4510.02 of	13958
the Revised Code if the person has been convicted of or pleaded	13959
guilty to, within six years of the date the test was conducted,	13960
one violation of division (A) or (B) of section 4511.19 of the	13961
Revised Code or one other equivalent offense.	13962

(c) If, within six years of the date the test was conducted,	13963
the person has been convicted of or pleaded guilty to two	13964
violations of a statute or ordinance described in division	13965
(C)(1)(b) of this section, the suspension shall be a class B	13966
suspension imposed for the period of time specified in division	13967
(B)(2) of section 4510.02 of the Revised Code.	13968

(d) If, within six years of the date the test was conducted,	13969
the person has been convicted of or pleaded guilty to more than	13970
two violations of a statute or ordinance described in division	13971
(C)(1)(b) of this section, the suspension shall be a class A	13972
suspension imposed for the period of time specified in division	13973
(B)(1) of section 4510.02 of the Revised Code.	13974

(2) The registrar shall terminate a suspension of the	13975
driver's or commercial driver's license or permit of a resident or	13976
of the operating privilege of a nonresident, or a denial of a	13977
driver's or commercial driver's license or permit, imposed	13978
pursuant to division (C)(1) of this section upon receipt of notice	13979
that the person has entered a plea of guilty to, or that the	13980
person has been convicted after entering a plea of no contest to,	13981
operating a vehicle in violation of section 4511.19 of the Revised	13982
Code or in violation of a municipal OVI ordinance, if the offense	13983
for which the conviction is had or the plea is entered arose from	13984
the same incident that led to the suspension or denial.	13985

The registrar shall credit against any judicial suspension of	13986
a person's driver's or commercial driver's license or permit or	13987
nonresident operating privilege imposed pursuant to section	13988
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	13989
Revised Code for a violation of a municipal OVI ordinance, any	13990
time during which the person serves a related suspension imposed	13991
pursuant to division (C)(1) of this section.	13992

(D)(1) A suspension of a person's driver's or commercial	13993
driver's license or permit or nonresident operating privilege	13994
under this section for the time described in division (B) or (C)	13995
of this section is effective immediately from the time at which	13996
the arresting officer serves the notice of suspension upon the	13997
arrested person. Any subsequent finding that the person is not	13998
guilty of the charge that resulted in the person being requested	13999
to take the chemical test or tests under division (A) of this	14000
section does not affect the suspension.	14001

(2) If a person is arrested for operating a vehicle,	14002
streetcar, or trackless trolley in violation of division (A) or	14003
(B) of section 4511.19 of the Revised Code or a municipal OVI	14004
ordinance, or for being in physical control of a vehicle,	14005
streetcar, or trackless trolley in violation of section 4511.194	14006
of the Revised Code or a substantially equivalent municipal	14007
ordinance, regardless of whether the person's driver's or	14008
commercial driver's license or permit or nonresident operating	14009
privilege is or is not suspended under division (B) or (C) of this	14010
section or Chapter 4510. of the Revised Code, the person's initial	14011
appearance on the charge resulting from the arrest shall be held	14012
within five days of the person's arrest or the issuance of the	14013
citation to the person, subject to any continuance granted by the	14014
court pursuant to section 4511.197 of the Revised Code regarding	14015
the issues specified in that division.	14016

(E) When it finally has been determined under the procedures	14017
of this section and sections 4511.192 to 4511.197 of the Revised	14018
Code that a nonresident's privilege to operate a vehicle within	14019
this state has been suspended, the registrar shall give	14020
information in writing of the action taken to the motor vehicle	14021
administrator of the state of the person's residence and of any	14022
state in which the person has a license.	14023

(F) At the end of a suspension period under this section,	14024
under section 4511.194, section 4511.196, or division (G) of	14025
section 4511.19 of the Revised Code, or under section 4510.07 of	14026
the Revised Code for a violation of a municipal OVI ordinance and	14027
upon the request of the person whose driver's or commercial	14028
driver's license or permit was suspended and who is not otherwise	14029
subject to suspension, cancellation, or disqualification, the	14030
registrar shall return the driver's or commercial driver's license	14031
or permit to the person upon the occurrence of all of the	14032
conditions specified in divisions (F)(1) and (2) of this section:	14033

(1) A showing that the person has proof of financial	14034
responsibility, a policy of liability insurance in effect that	14035
meets the minimum standards set forth in section 4509.51 of the	14036
Revised Code, or proof, to the satisfaction of the registrar, that	14037
the person is able to respond in damages in an amount at least	14038
equal to the minimum amounts specified in section 4509.51 of the	14039
Revised Code.	14040

(2) Subject to the limitation contained in division (F)(3) of	14041
this section, payment by the person to the bureau of motor	14042
vehicles of a license reinstatement fee of four hundred	14043
twenty-five dollars, which fee shall be deposited in the state	14044
treasury and credited as follows:	14045

(a) One hundred twelve dollars and fifty cents shall be	14046
credited to the statewide treatment and prevention fund created by	14047
section 4301.30 of the Revised Code. The fund shall be used to	14048
pay the costs of driver treatment and intervention programs	14049
operated pursuant to sections 3793.02 and 3793.10 of the Revised	14050
Code. The director of alcohol and drug addiction services shall	14051
determine the share of the fund that is to be allocated to alcohol	14052
and drug addiction programs authorized by section 3793.02 of the	14053
Revised Code, and the share of the fund that is to be allocated to	14054
drivers' intervention programs authorized by section 3793.10 of	14055
the Revised Code.	14056

(b) Seventy-five dollars shall be credited to the reparations	14057
fund created by section 2743.191 of the Revised Code.	14058

(c) Thirty-seven dollars and fifty cents shall be credited to	14059
the indigent drivers alcohol treatment fund, which is hereby	14060
established. Except as otherwise provided in division (F)(2)(c) of	14061
this section, moneys in the fund shall be distributed by the	14062
department of alcohol and drug addiction services to the county	14063
indigent drivers alcohol treatment funds, the county juvenile	14064
indigent drivers alcohol treatment funds, and the municipal	14065
indigent drivers alcohol treatment funds that are required to be	14066
established by counties and municipal corporations pursuant to	14067
this section, and shall be used only to pay the cost of an alcohol	14068
and drug addiction treatment program attended by an offender or	14069
juvenile traffic offender who is ordered to attend an alcohol and	14070
drug addiction treatment program by a county, juvenile, or	14071
municipal court judge and who is determined by the county,	14072
juvenile, or municipal court judge not to have the means to pay	14073
for the person's attendance at the program or to pay the costs	14074
specified in division (H)(4) of this section in accordance with	14075
that division. In addition, a county, juvenile, or municipal court	14076
judge may use moneys in the county indigent drivers alcohol	14077
treatment fund, county juvenile indigent drivers alcohol treatment	14078
fund, or municipal indigent drivers alcohol treatment fund to pay	14079
for the cost of the continued use of an ~~electronic continuous~~	14080
alcohol monitoring device as described in divisions (H)(3) and (4)	14081
of this section. Moneys in the fund that are not distributed to a	14082
county indigent drivers alcohol treatment fund, a county juvenile	14083
indigent drivers alcohol treatment fund, or a municipal indigent	14084
drivers alcohol treatment fund under division (H) of this section	14085
because the director of alcohol and drug addiction services does	14086
not have the information necessary to identify the county or	14087
municipal corporation where the offender or juvenile offender was	14088
arrested may be transferred by the director of budget and	14089
management to the statewide treatment and prevention fund created	14090
by section 4301.30 of the Revised Code, upon certification of the	14091
amount by the director of alcohol and drug addiction services.	14092

(d) Seventy-five dollars shall be credited to the Ohio	14093
rehabilitation services commission established by section 3304.12	14094
of the Revised Code, to the services for rehabilitation fund,	14095
which is hereby established. The fund shall be used to match	14096
available federal matching funds where appropriate, and for any	14097
other purpose or program of the commission to rehabilitate people	14098
with disabilities to help them become employed and independent.	14099

(e) Seventy-five dollars shall be deposited into the state	14100
treasury and credited to the drug abuse resistance education	14101
programs fund, which is hereby established, to be used by the	14102
attorney general for the purposes specified in division (F)(4) of	14103
this section.	14104

(f) Thirty dollars shall be credited to the state bureau of	14105
motor vehicles fund created by section 4501.25 of the Revised	14106
Code.	14107

(g) Twenty dollars shall be credited to the trauma and	14108
emergency medical services grants fund created by section 4513.263	14109
of the Revised Code.	14110

(3) If a person's driver's or commercial driver's license or	14111
permit is suspended under this section, under section 4511.196 or	14112
division (G) of section 4511.19 of the Revised Code, under section	14113
4510.07 of the Revised Code for a violation of a municipal OVI	14114
ordinance or under any combination of the suspensions described in	14115
division (F)(3) of this section, and if the suspensions arise from	14116
a single incident or a single set of facts and circumstances, the	14117
person is liable for payment of, and shall be required to pay to	14118
the bureau, only one reinstatement fee of four hundred twenty-five	14119
dollars. The reinstatement fee shall be distributed by the bureau	14120
in accordance with division (F)(2) of this section.	14121

(4) The attorney general shall use amounts in the drug abuse	14122
resistance education programs fund to award grants to law	14123
enforcement agencies to establish and implement drug abuse	14124
resistance education programs in public schools. Grants awarded to	14125
a law enforcement agency under this section shall be used by the	14126
agency to pay for not more than fifty per cent of the amount of	14127
the salaries of law enforcement officers who conduct drug abuse	14128
resistance education programs in public schools. The attorney	14129
general shall not use more than six per cent of the amounts the	14130
attorney general's office receives under division (F)(2)(e) of	14131
this section to pay the costs it incurs in administering the grant	14132
program established by division (F)(2)(e) of this section and in	14133
providing training and materials relating to drug abuse resistance	14134
education programs.	14135

The attorney general shall report to the governor and the	14136
general assembly each fiscal year on the progress made in	14137
establishing and implementing drug abuse resistance education	14138
programs. These reports shall include an evaluation of the	14139
effectiveness of these programs.	14140

(G) Suspension of a commercial driver's license under	14141
division (B) or (C) of this section shall be concurrent with any	14142
period of disqualification under section 3123.611 or 4506.16 of	14143
the Revised Code or any period of suspension under section 3123.58	14144
of the Revised Code. No person who is disqualified for life from	14145
holding a commercial driver's license under section 4506.16 of the	14146
Revised Code shall be issued a driver's license under Chapter	14147
4507. of the Revised Code during the period for which the	14148
commercial driver's license was suspended under division (B) or	14149
(C) of this section. No person whose commercial driver's license	14150
is suspended under division (B) or (C) of this section shall be	14151
issued a driver's license under Chapter 4507. of the Revised Code	14152
during the period of the suspension.	14153

(H)(1) Each county shall establish an indigent drivers	14154
alcohol treatment fund, each county shall establish a juvenile	14155
indigent drivers alcohol treatment fund, and each municipal	14156
corporation in which there is a municipal court shall establish an	14157
indigent drivers alcohol treatment fund. All revenue that the	14158
general assembly appropriates to the indigent drivers alcohol	14159
treatment fund for transfer to a county indigent drivers alcohol	14160
treatment fund, a county juvenile indigent drivers alcohol	14161
treatment fund, or a municipal indigent drivers alcohol treatment	14162
fund, all portions of fees that are paid under division (F) of	14163
this section and that are credited under that division to the	14164
indigent drivers alcohol treatment fund in the state treasury for	14165
a county indigent drivers alcohol treatment fund, a county	14166
juvenile indigent drivers alcohol treatment fund, or a municipal	14167
indigent drivers alcohol treatment fund, all portions of	14168
additional costs imposed under section 2949.094 of the Revised	14169
Code that are specified for deposit into a county, county	14170
juvenile, or municipal indigent drivers alcohol treatment fund by	14171
that section, and all portions of fines that are specified for	14172
deposit into a county or municipal indigent drivers alcohol	14173
treatment fund by section 4511.193 of the Revised Code shall be	14174
deposited into that county indigent drivers alcohol treatment	14175
fund, county juvenile indigent drivers alcohol treatment fund, or	14176
municipal indigent drivers alcohol treatment fund in accordance	14177
with division (H)(2) of this section. Additionally, all portions	14178
of fines that are paid for a violation of section 4511.19 of the	14179
Revised Code or of any prohibition contained in Chapter 4510. of	14180
the Revised Code, and that are required under section 4511.19 or	14181
any provision of Chapter 4510. of the Revised Code to be deposited	14182
into a county indigent drivers alcohol treatment fund or municipal	14183
indigent drivers alcohol treatment fund shall be deposited into	14184
the appropriate fund in accordance with the applicable division.	14185

(2) That portion of the license reinstatement fee that is	14186
paid under division (F) of this section and that is credited under	14187
that division to the indigent drivers alcohol treatment fund and	14188
that portion of the additional court cost that is imposed under	14189
section 2949.094 of the Revised Code and that is specified by that	14190
section for deposit into the indigent drivers alcohol treatment	14191
fund shall be deposited into a county indigent drivers alcohol	14192
treatment fund, a county juvenile indigent drivers alcohol	14193
treatment fund, or a municipal indigent drivers alcohol treatment	14194
fund as follows:	14195

(a) ~~If the~~Regarding a suspension ~~in question was~~ imposed	14196
under this section or additional court costs, that portion of the	14197
fee shall be deposited as follows:	14198

(i) If the fee or court cost is paid by a person who was	14199
charged in a county court with the violation that resulted in the	14200
suspension or in the imposition of the court costs, the portion	14201
shall be deposited into the county indigent drivers alcohol	14202
treatment fund under the control of that court;	14203

(ii) If the fee or court cost is paid by a person who was	14204
charged in a juvenile court with the violation that resulted in	14205
the suspension or in the imposition of the court costs, the	14206
portion shall be deposited into the county juvenile indigent	14207
drivers alcohol treatment fund established in the county served by	14208
the court;	14209

(iii) If the fee or court cost is paid by a person who was	14210
charged in a municipal court with the violation that resulted in	14211
the suspension or in the imposition of the court costs, the	14212
portion shall be deposited into the municipal indigent drivers	14213
alcohol treatment fund under the control of that court.	14214

(b) ~~If the~~Regarding a suspension ~~in question was~~ imposed	14215
under section 4511.19 of the Revised Code or under section 4510.07	14216
of the Revised Code for a violation of a municipal OVI ordinance,	14217
that portion of the fee shall be deposited as follows:	14218

(i) If the fee is paid by a person whose license or permit	14219
was suspended by a county court, the portion shall be deposited	14220
into the county indigent drivers alcohol treatment fund under the	14221
control of that court;	14222

(ii) If the fee is paid by a person whose license or permit	14223
was suspended by a municipal court, the portion shall be deposited	14224
into the municipal indigent drivers alcohol treatment fund under	14225
the control of that court.	14226

(3) Expenditures from a county indigent drivers alcohol	14227
treatment fund, a county juvenile indigent drivers alcohol	14228
treatment fund, or a municipal indigent drivers alcohol treatment	14229
fund shall be made only upon the order of a county, juvenile, or	14230
municipal court judge and only for payment of the cost of the	14231
attendance at an alcohol and drug addiction treatment program of a	14232
person who is convicted of, or found to be a juvenile traffic	14233
offender by reason of, a violation of division (A) of section	14234
4511.19 of the Revised Code or a substantially similar municipal	14235
ordinance, who is ordered by the court to attend the alcohol and	14236
drug addiction treatment program, and who is determined by the	14237
court to be unable to pay the cost of attendance at the treatment	14238
program or for payment of the costs specified in division (H)(4)	14239
of this section in accordance with that division. The alcohol and	14240
drug addiction services board or the board of alcohol, drug	14241
addiction, and mental health services established pursuant to	14242
section 340.02 or 340.021 of the Revised Code and serving the	14243
alcohol, drug addiction, and mental health service district in	14244
which the court is located shall administer the indigent drivers	14245
alcohol treatment program of the court. When a court orders an	14246
offender or juvenile traffic offender to attend an alcohol and	14247
drug addiction treatment program, the board shall determine which	14248
program is suitable to meet the needs of the offender or juvenile	14249
traffic offender, and when a suitable program is located and space	14250
is available at the program, the offender or juvenile traffic	14251
offender shall attend the program designated by the board. A	14252
reasonable amount not to exceed five per cent of the amounts	14253
credited to and deposited into the county indigent drivers alcohol	14254
treatment fund, the county juvenile indigent drivers alcohol	14255
treatment fund, or the municipal indigent drivers alcohol	14256
treatment fund serving every court whose program is administered	14257
by that board shall be paid to the board to cover the costs it	14258
incurs in administering those indigent drivers alcohol treatment	14259
programs.	14260

In addition, a county, juvenile, or municipal court judge may	14261
use moneys in the county indigent drivers alcohol treatment fund,	14262
county juvenile indigent drivers alcohol treatment fund, or	14263
municipal indigent drivers alcohol treatment fund in the following	14264
manners:	14265

(a) If the source of the moneys was an appropriation of the	14266
general assembly, a portion of a fee that was paid under division	14267
(F) of this section, a portion of a fine that was specified for	14268
deposit into the fund by section 4511.193 of the Revised Code, or	14269
a portion of a fine that was paid for a violation of section	14270
4511.19 of the Revised Code or of a provision contained in Chapter	14271
4510. of the Revised Code that was required to be deposited into	14272
the fund, to pay for the continued use of an ~~electronic~~	14273
~~continuous~~ alcohol monitoring device by an offender or juvenile	14274
traffic offender, in conjunction with a treatment program	14275
approved by the department of alcohol and drug addiction	14276
services, when such use is determined clinically necessary by the	14277
treatment program and when the court determines that the offender	14278
or juvenile traffic offender is unable to pay all or part of the	14279
daily monitoring or cost of the device;	14280

(b) If the source of the moneys was a portion of an	14281
additional court cost imposed under section 2949.094 of the	14282
Revised Code, to pay for the continued use of an alcohol	14283
monitoring device by an offender or juvenile traffic offender	14284
when the court determines that the offender or juvenile traffic	14285
offender is unable to pay all or part of the daily monitoring or	14286
cost of the device. The moneys may be used for a device as	14287
described in this division if the use of the device is in	14288
conjunction with a treatment program approved by the department	14289
of alcohol and drug addiction services, when the use of the device	14290
is determined clinically necessary by the treatment program, but	14291
the use of a device is not required to be in conjunction with a	14292
treatment program approved by the department in order for the	14293
moneys to be used for the device as described in this division.	14294

(4) If a county, juvenile, or municipal court determines, in	14295
consultation with the alcohol and drug addiction services board or	14296
the board of alcohol, drug addiction, and mental health services	14297
established pursuant to section 340.02 or 340.021 of the Revised	14298
Code and serving the alcohol, drug addiction, and mental health	14299
district in which the court is located, that the funds in the	14300
county indigent drivers alcohol treatment fund, the county	14301
juvenile indigent drivers alcohol treatment fund, or the municipal	14302
indigent drivers alcohol treatment fund under the control of the	14303
court are more than sufficient to satisfy the purpose for which	14304
the fund was established, as specified in divisions (H)(1) to (3)	14305
of this section, the court may declare a surplus in the fund. If	14306
the court declares a surplus in the fund, the court may expend the	14307
amount of the surplus in the fund for:	14308

(a) Alcohol and drug abuse assessment and treatment of	14309
persons who are charged in the court with committing a criminal	14310
offense or with being a delinquent child or juvenile traffic	14311
offender and in relation to whom both of the following apply:	14312

(i) The court determines that substance abuse was a	14313
contributing factor leading to the criminal or delinquent activity	14314
or the juvenile traffic offense with which the person is charged.	14315

(ii) The court determines that the person is unable to pay	14316
the cost of the alcohol and drug abuse assessment and treatment	14317
for which the surplus money will be used.	14318

(b) All or part of the cost of purchasing ~~electronic~~	14319
~~continuous~~ alcohol monitoring devices to be used in conjunction	14320
with division (H)(3) of this section.	14321

Sec. 4735.01. As used in this chapter:

14322

(A) "Real estate broker" includes any person, partnership,	14323
association, limited liability company, limited liability	14324
partnership, or corporation, foreign or domestic, who for another,	14325
whether pursuant to a power of attorney or otherwise, and who for	14326
a fee, commission, or other valuable consideration, or with the	14327
intention, or in the expectation, or upon the promise of receiving	14328
or collecting a fee, commission, or other valuable consideration	14329
does any of the following:	14330

(1) Sells, exchanges, purchases, rents, or leases, or	14331
negotiates the sale, exchange, purchase, rental, or leasing of any	14332
real estate;	14333

(2) Offers, attempts, or agrees to negotiate the sale,	14334
exchange, purchase, rental, or leasing of any real estate;	14335

(3) Lists, or offers, attempts, or agrees to list, or	14336
auctions, or offers, attempts, or agrees to auction, any real	14337
estate;	14338

(4) Buys or offers to buy, sells or offers to sell, or	14339
otherwise deals in options on real estate;	14340

(5) Operates, manages, or rents, or offers or attempts to	14341
operate, manage, or rent, other than as custodian, caretaker, or	14342
janitor, any building or portions of buildings to the public as	14343
tenants;	14344

(6) Advertises or holds self out as engaged in the business	14345
of selling, exchanging, purchasing, renting, or leasing real	14346
estate;	14347

(7) Directs or assists in the procuring of prospects or the	14348
negotiation of any transaction, other than mortgage financing,	14349
which does or is calculated to result in the sale, exchange,	14350
leasing, or renting of any real estate;	14351

(8) Is engaged in the business of charging an advance fee or	14352
contracting for collection of a fee in connection with any	14353
contract whereby the broker undertakes primarily to promote the	14354
sale, exchange, purchase, rental, or leasing of real estate	14355
through its listing in a publication issued primarily for such	14356
purpose, or for referral of information concerning such real	14357
estate to brokers, or both, except that this division does not	14358
apply to a publisher of listings or compilations of sales of real	14359
estate by their owners;	14360

(9) Collects rental information for purposes of referring	14361
prospective tenants to rental units or locations of such units and	14362
charges the prospective tenants a fee.	14363

(B) "Real estate" includes leaseholds as well as any and	14364
every interest or estate in land situated in this state, whether	14365
corporeal or incorporeal, whether freehold or nonfreehold, and the	14366
improvements on the land, but does not include cemetery interment	14367
rights.	14368

(C) "Real estate salesperson" means any person associated	14369
with a licensed real estate broker to do or to deal in any acts or	14370
transactions set out or comprehended by the definition of a real	14371
estate broker, for compensation or otherwise.	14372

(D) "Institution of higher education" means either of the	14373
following:	14374

(1) A nonprofit institution as defined in section 1713.01 of	14375
the Revised Code that actually awards, rather than intends to	14376
award, degrees for fulfilling requirements of academic work beyond	14377
high school;	14378

(2) An institution operated for profit that otherwise	14379
qualifies under the definition of an institution in section	14380
1713.01 of the Revised Code and that actually awards, rather than	14381
intends to award, degrees for fulfilling requirements of academic	14382
work beyond high school.	14383

(E) "Foreign real estate" means real estate not situated in	14384
this state and any interest in real estate not situated in this	14385
state.	14386

(F) "Foreign real estate dealer" includes any person,	14387
partnership, association, limited liability company, limited	14388
liability partnership, or corporation, foreign or domestic, who	14389
for another, whether pursuant to a power of attorney or otherwise,	14390
and who for a fee, commission, or other valuable consideration, or	14391
with the intention, or in the expectation, or upon the promise of	14392
receiving or collecting a fee, commission, or other valuable	14393
consideration, does or deals in any act or transaction specified	14394
or comprehended in division (A) of this section with respect to	14395
foreign real estate.	14396

(G) "Foreign real estate salesperson" means any person	14397
associated with a licensed foreign real estate dealer to do or	14398
deal in any act or transaction specified or comprehended in	14399
division (A) of this section with respect to foreign real estate,	14400
for compensation or otherwise.	14401

(H) Any person, partnership, association, limited liability	14402
company, limited liability partnership, or corporation, who, for	14403
another, in consideration of compensation, by fee, commission,	14404
salary, or otherwise, or with the intention, in the expectation,	14405
or upon the promise of receiving or collecting a fee, does, or	14406
offers, attempts, or agrees to engage in, any single act or	14407
transaction contained in the definition of a real estate broker,	14408
whether an act is an incidental part of a transaction, or the	14409
entire transaction, shall be constituted a real estate broker or	14410
real estate salesperson under this chapter.	14411

(I) The terms "real estate broker," "real estate	14412
salesperson," "foreign real estate dealer," and "foreign real	14413
estate salesperson" do not include a person, partnership,	14414
association, limited liability company, limited liability	14415
partnership, or corporation, or the regular employees thereof, who	14416
perform any of the acts or transactions specified or comprehended	14417
in division (A) of this section, whether or not for, or with the	14418
intention, in expectation, or upon the promise of receiving or	14419
collecting a fee, commission, or other valuable consideration:	14420

(1) With reference to real estate situated in this state or	14421
any interest in it owned by such person, partnership, association,	14422
limited liability company, limited liability partnership, or	14423
corporation, or acquired on its own account in the regular course	14424
of, or as an incident to the management of the property and the	14425
investment in it;	14426

(2) As receiver or trustee in bankruptcy, as guardian,	14427
executor, administrator, trustee, assignee, commissioner, or any	14428
person doing the things mentioned in this section, under authority	14429
or appointment of, or incident to a proceeding in, any court, or	14430
as a public officer, or as executor, trustee, or other bona fide	14431
fiduciary under any trust agreement, deed of trust, will, or other	14432
instrument creating a like bona fide fiduciary obligation;	14433

(3) As a public officer while performing the officer's	14434
official duties;	14435

(4) As an attorney at law in the performance of the	14436
attorney's duties;	14437

(5) As a person who engages in the brokering of the sale of	14438
business assets, not including the negotiation of the sale, lease,	14439
exchange, or assignment of any interest in real estate;	14440

(6) As a person who engages in the sale of manufactured homes	14441
as defined in division (C)(4) of section 3781.06 of the Revised	14442
Code, or of mobile homes as defined in division (O) of section	14443
4501.01 of the Revised Code, provided the sale does not include	14444
the negotiation, sale, lease, exchange, or assignment of any	14445
interest in real estate;	14446

(7) As a person who engages in the sale of commercial real	14447
estate pursuant to the requirements of section 4735.022 of the	14448
Revised Code.	14449

(J) "Physically handicapped licensee" means a person licensed	14450
pursuant to this chapter who is under a severe physical disability	14451
which is of such a nature as to prevent the person from being able	14452
to attend any instruction lasting at least three hours in	14453
duration.	14454

(K) "Division of real estate" may be used interchangeably	14455
with, and for all purposes has the same meaning as, "division of	14456
real estate and professional licensing."	14457

(L) "Superintendent" or "superintendent of real estate" means	14458
the superintendent of the division of real estate and professional	14459
licensing of this state. Whenever the division or superintendent	14460
of real estate is referred to or designated in any statute, rule,	14461
contract, or other document, the reference or designation shall be	14462
deemed to refer to the division or superintendent of real estate	14463
and professional licensing, as the case may be.	14464

(M) "Inactive license" means the license status in which a	14465
salesperson's license is in the possession of the division,	14466
renewed as required under this chapter or rules adopted under this	14467
chapter, and not associated with a real estate broker.	14468

(N) "Broker's license on deposit" means the license status in	14469
which a broker's license is in the possession of the division of	14470
real estate and professional licensing and renewed as required	14471
under this chapter or rules adopted under this chapter.	14472

(O) "Suspended license" means the license status that	14473
prohibits a licensee from providing services that require a	14474
license under this chapter for a specified interval of time.	14475

(P) "Reactivate" means the process prescribed by the	14476
superintendent of real estate and professional licensing to remove	14477
a license from an inactive, voluntary hold, suspended, or broker's	14478
license on deposit status to allow a licensee to provide services	14479
that require a license under this chapter.	14480

(Q) "Revoked" means the license status in which the license	14481
is void and not eligible for reactivation.	14482

(R) "Commercial real estate" means any parcel of real estate	14483
in this state other than real estate containing one to four	14484
residential units. "Commercial real estate" does not include	14485
single-family residential units such as condominiums, townhouses,	14486
manufactured homes, or homes in a subdivision when sold, leased,	14487
or otherwise conveyed on a unit-by-unit basis, even when those	14488
units are a part of a larger building or parcel of real estate	14489
containing more than four residential units.	14490

(S) "Out-of-state commercial broker" includes any person,	14491
partnership, association, limited liability company, limited	14492
liability partnership, or corporation that is licensed to do	14493
business as a real estate broker in a jurisdiction other than	14494
Ohio.	14495

(T) "Out-of-state commercial salesperson" includes any person	14496
affiliated with an out-of-state commercial broker who is not	14497
licensed as a real estate salesperson in Ohio.	14498

(U) "Exclusive right to sell or lease listing agreement"	14499
means an agency agreement between a seller and broker that meets	14500
the requirements of section 4735.55 of the Revised Code and does	14501
both of the following:	14502

(1) Grants the broker the exclusive right to represent the	14503
seller in the sale or lease of the seller's property;	14504

(2) Provides the broker will be compensated if the broker,	14505
the seller, or any other person or entity produces a purchaser or	14506
tenant in accordance with the terms specified in the listing	14507
agreement or if the property is sold or leased during the term of	14508
the listing agreement to anyone other than to specifically	14509
exempted persons or entities.	14510

(V) "Exclusive agency agreement" means an agency agreement	14511
between a seller and broker that meets the requirements of section	14512
4735.55 of the Revised Code and does both of the following:	14513

(1) Grants the broker the exclusive right to represent the	14514
seller in the sale or lease of the seller's property;	14515

(2) Provides the broker will be compensated if the broker or	14516
any other person or entity produces a purchaser or tenant in	14517
accordance with the terms specified in the listing agreement or if	14518
the property is sold or leased during the term of the listing	14519
agreement, unless the property is sold or leased solely through	14520
the efforts of the seller or to the specifically exempted persons	14521
or entities.	14522

(W) "Exclusive purchaser agency agreement" means an agency	14523
agreement between a purchaser and broker that meets the	14524
requirements of section 4735.55 of the Revised Code and does both	14525
of the following:	14526

(1) Grants the broker the exclusive right to represent the	14527
purchaser in the purchase or lease of property;	14528

(2) Provides the broker will be compensated in accordance	14529
with the terms specified in the exclusive agency agreement or if a	14530
property is purchased or leased by the purchaser during the term	14531
of the agency agreement unless the property is specifically	14532
exempted in the agency agreement.	14533

The agreement may authorize the broker to receive	14534
compensation from the seller or the seller's agent and may provide	14535
that the purchaser is not obligated to compensate the broker if	14536
the property is purchased or leased solely through the efforts of	14537
the purchaser.	14538

(X) "Seller" means a party in a real estate transaction who	14539
is the potential transferor of property. "Seller" includes an	14540
owner of property who is seeking to sell the property and a	14541
landlord who is seeking to rent or lease property to another	14542
person.	14543

(Y) "Voluntary hold" means the license status in which a	14544
license is in the possession of the division of real estate and	14545
professional licensing for a period of not more than twelve months	14546
pursuant to section 4735.142 of the Revised Code, is not renewed	14547
in accordance with the requirements specified in this chapter or	14548
the rules adopted pursuant to it, and is not associated with a	14549
real estate broker.	14550

(Z) "Resigned" means the license status in which a license	14551
has been voluntarily surrendered to or is otherwise in the	14552
possession of the division of real estate and professional	14553
licensing, is not renewed in accordance with the requirements	14554
specified in this chapter or the rules adopted pursuant to it, and	14555
is not associated with a real estate broker.	14556

Sec. 4735.02. Except as provided in section 4735.022 of the	14557
Revised Code, no person, partnership, association, limited	14558
liability company, limited liability partnership, or corporation	14559
shall act as a real estate broker or real estate salesperson, or	14560
advertise or assume to act as such, without first being licensed	14561
as provided in this chapter. No person, partnership, association,	14562
limited liability company, limited liability partnership, or	14563
corporation shall provide services that require a license under	14564
this chapter if the licensee's license is inactive, suspended,	14565
placed on voluntary hold, resigned, or a broker's license on	14566
deposit, or if the license has been revoked. Nothing contained in	14567
this chapter shall be construed as authorizing a real estate	14568
broker or salesperson to perform any service constituting the	14569
practice of law.	14570

No partnership, association, limited liability company,	14571
limited liability partnership, or corporation holding a real	14572
estate license shall employ as an officer, director, manager, or	14573
principal employee any person previously holding a license as a	14574
real estate broker, real estate salesperson, foreign real estate	14575
dealer, or foreign real estate salesperson, whose license has been	14576
placed in inactive, voluntary hold, or resigned status, or is	14577
suspended, or revoked and who has not thereafter reactivated the	14578
license or received a new license.	14579

Sec. 4735.10. (A)(1) The Ohio real estate commission may	14580
adopt reasonable rules in accordance with Chapter 119. of the	14581
Revised Code, necessary for implementing the provisions of this	14582
chapter relating, but not limited to, the following:	14583

(a) The form and manner of filing applications for license;

14584

(b) Times and form of examination for license;

14585

(c) Placing an existing broker's license on deposit or a	14586
salesperson's license on an inactive status for an indefinite	14587
period;	14588

(d) Specifying the process by which a licensee may place the	14589
licensee's license on voluntary hold or resigned status;	14590

(e) Defining any additional license status that the	14591
commission determines is necessary and that is not otherwise	14592
defined in this chapter and establishing the process by which a	14593
licensee places the licensee's license in a status defined by the	14594
commission in the rules the commission adopts.	14595

(2) The commission shall adopt reasonable rules in accordance	14596
with Chapter 119. of the Revised Code, for implementing the	14597
provisions of this chapter relating to the following:	14598

(a) The issuance, renewal, suspension, and revocation of	14599
licenses, other sanctions that may be imposed for violations of	14600
this chapter, the conduct of hearings related to these actions,	14601
and the process of reactivating a license;	14602

(b) By not later than January 1, 2004, a three-year license	14603
and a three-year license renewal system;	14604

(c) Standards for the approval of courses of study required	14605
for licenses, or offered in preparation for license examinations,	14606
or required as continuing education for licenses.	14607

(d) Guidelines to ensure that continuing education classes	14608
are open to all persons licensed under this chapter. The rules	14609
shall specify that an organization that sponsors a continuing	14610
education class may offer its members a reasonable reduction in	14611
the fees charged for the class.	14612

(e) Requirements for trust accounts and property management	14613
accounts. The rules shall specify that:	14614

(i) Brokerages engaged in the management of property for	14615
another may, pursuant to a written contract with the property	14616
owner, exercise signatory authority for withdrawals from property	14617
management accounts maintained in the name of the property owner.	14618
The exercise of authority for withdrawals does not constitute a	14619
violation of any provision of division (A) of section 4735.18 of	14620
the Revised Code.	14621

(ii) The interest earned on property management trust	14622
accounts maintained in the name of the property owner or the	14623
broker shall be payable to the property owner unless otherwise	14624
specified in a written contract.	14625

(f) Notice of renewal forms and filing deadlines;

14626

(g) Special assessments under division (A) of section 4735.12	14627
of the Revised Code.	14628

(B) The commission may adopt rules in accordance with Chapter	14629
119. of the Revised Code establishing standards and guidelines	14630
with which the superintendent of real estate shall comply in the	14631
exercise of the following powers:	14632

(1) Appointment and recommendation of ancillary trustees	14633
under section 4735.05 of the Revised Code;	14634

(2) Rejection of names proposed to be used by partnerships,	14635
associations, limited liability companies, limited liability	14636
partnerships, and corporations, under division (A) of section	14637
4735.06 of the Revised Code;	14638

(3) Acceptance and rejection of applications to take the	14639
broker and salesperson examinations and licensure, with	14640
appropriate waivers pursuant to division (E) of section 4735.07	14641
and section 4735.09 of the Revised Code;	14642

(4) Approval of applications of brokers to place their	14643
licenses on deposit and to become salespersons under section	14644
4735.13 of the Revised Code;	14645

(5) Appointment of hearing examiners under section 119.09 of	14646
the Revised Code;	14647

(6) Acceptance and rejection of applications to take the	14648
foreign real estate dealer and salesperson examinations and	14649
licensure, with waiver of examination, under sections 4735.27 and	14650
4735.28 of the Revised Code;	14651

(7) Qualification of foreign real estate under section	14652
4735.25 of the Revised Code.	14653

If at any time there is no rule in effect establishing a	14654
guideline or standard required by this division, the	14655
superintendent may adopt a rule in accordance with Chapter 119. of	14656
the Revised Code for such purpose.	14657

(C) The commission or superintendent may hear testimony in	14658
matters relating to the duties imposed upon them, and the	14659
president of the commission and superintendent may administer	14660
oaths. The commission or superintendent may require other proof of	14661
the honesty, truthfulness, and good reputation of any person named	14662
in an application for a real estate broker's or real estate	14663
salesperson's license before admitting the applicant to the	14664
examination or issuing a license.	14665

Sec. 4735.13. (A) The license of a real estate broker shall	14666
be prominently displayed in the office or place of business of the	14667
broker, and no license shall authorize the licensee to do business	14668
except from the location specified in it. If the broker maintains	14669
more than one place of business within the state, the broker shall	14670
apply for and procure a duplicate license for each branch office	14671
maintained by the broker. Each branch office shall be in the	14672
charge of a licensed broker or salesperson. The branch office	14673
license shall be prominently displayed at the branch office	14674
location.	14675

(B) The license of each real estate salesperson shall be	14676
mailed to and remain in the possession of the licensed broker with	14677
whom the salesperson is or is to be associated until the licensee	14678
places the license on inactive, voluntary hold, or resigned status	14679
or until the salesperson leaves the brokerage or is terminated.	14680
The broker shall keep each salesperson's license in a way that it	14681
can, and shall on request, be made immediately available for	14682
public inspection at the office or place of business of the	14683
broker. Except as provided in divisions (G) and (H) of this	14684
section, immediately upon the salesperson's leaving the	14685
association or termination of the association of a real estate	14686
salesperson with the broker, the broker shall return the	14687
salesperson's license to the superintendent of real estate.	14688

The failure of a broker to return the license of a real	14689
estate salesperson or broker who leaves or who is terminated, via	14690
certified mail return receipt requested, within three business	14691
days of the receipt of a written request from the superintendent	14692
for the return of the license, is prima-facie evidence of	14693
misconduct under division (A)(6) of section 4735.18 of the Revised	14694
Code.	14695

(C) Any licensee who is convicted of a felony or a crime	14696
involving moral turpitude or of violating any federal, state, or	14697
municipal civil rights law pertaining to discrimination in	14698
housing, or any court that issues a finding of an unlawful	14699
discriminatory practice pertaining to housing accommodations	14700
described in division (H) of section 4112.02 of the Revised Code	14701
or that convicts a licensee of a violation of any municipal civil	14702
rights law pertaining to housing discrimination, shall notify the	14703
superintendent of the conviction or finding within fifteen days.	14704
If a licensee fails to notify the superintendent within the	14705
required time, the superintendent immediately may revoke the	14706
license of the licensee.	14707

Any court that convicts a licensee of a violation of any	14708
municipal civil rights law pertaining to housing discrimination	14709
also shall notify the Ohio civil rights commission within fifteen	14710
days of the conviction.	14711

(D) In case of any change of business location, a broker	14712
shall give notice in writing to the superintendent, whereupon the	14713
superintendent shall issue new licenses for the unexpired period	14714
without charge. If a broker changes a business location without	14715
giving the required notice and without receiving new licenses that	14716
action is prima-facie evidence of misconduct under division (A)(6)	14717
of section 4735.18 of the Revised Code.	14718

(E) If a real estate broker desires to associate with another	14719
real estate broker in the capacity of a real estate salesperson,	14720
the broker shall apply to the superintendent to deposit the	14721
broker's real estate broker's license with the superintendent and	14722
for the issuance of a real estate salesperson's license. The	14723
application shall be made on a form prescribed by the	14724
superintendent and shall be accompanied by the recommendation of	14725
the real estate broker with whom the applicant intends to become	14726
associated and a fee of twenty-five dollars for the real estate	14727
salesperson's license. Four dollars of the fee shall be credited	14728
to the real estate education and research fund. If the	14729
superintendent is satisfied that the applicant is honest,	14730
truthful, and of good reputation, has not been convicted of a	14731
felony or a crime involving moral turpitude, and has not been	14732
finally adjudged by a court to have violated any municipal, state,	14733
or federal civil rights laws relevant to the protection of	14734
purchasers or sellers of real estate, and that the association of	14735
the real estate broker and the applicant will be in the public	14736
interest, the superintendent shall grant the application and issue	14737
a real estate salesperson's license to the applicant. Any license	14738
so deposited with the superintendent shall be subject to this	14739
chapter. A broker who intends to deposit the broker's license with	14740
the superintendent, as provided in this section, shall give	14741
written notice of this fact in a format prescribed by the	14742
superintendent to all salespersons associated with the broker when	14743
applying to place the broker's license on deposit.	14744

(F) If a real estate broker desires to become a member or	14745
officer of a partnership, association, limited liability company,	14746
limited liability partnership, or corporation that is or intends	14747
to become a licensed real estate broker, the broker shall notify	14748
the superintendent of the broker's intentions. The notice of	14749
intention shall be on a form prescribed by the superintendent and	14750
shall be accompanied by a fee of twenty-five dollars. Four dollars	14751
of the fee shall be credited to the real estate education and	14752
research fund.	14753

No real estate broker who is a member or officer of a	14754
partnership, association, limited liability company, limited	14755
liability partnership, or corporation that is a licensed real	14756
estate broker shall perform any acts as a real estate broker other	14757
than as the agent of the partnership, association, limited	14758
liability company, limited liability partnership, or corporation,	14759
and such broker shall not have any real estate salespersons	14760
associated with the broker.	14761

(G) If a real estate broker or salesperson enters the armed	14762
forces, the broker or salesperson may place the broker's or	14763
salesperson's license on deposit with the Ohio real estate	14764
commission. The licensee shall not be required to renew the	14765
license until the renewal date that follows the date of discharge	14766
from the armed forces. Any license deposited with the commission	14767
shall be subject to this chapter. Any licensee whose license is on	14768
deposit under this division and who fails to meet the continuing	14769
education requirements of section 4735.141 of the Revised Code	14770
because the licensee is in the armed forces shall satisfy the	14771
commission that the licensee has complied with the continuing	14772
education requirements within twelve months of the licensee's	14773
discharge. The commission shall notify the licensee of the	14774
licensee's obligations under section 4735.141 of the Revised Code	14775
at the time the licensee applies for reactivation of the	14776
licensee's license.	14777

(H) If a licensed real estate salesperson submits an	14778
application to the superintendent to leave the association of one	14779
broker to associate with a different broker, the broker possessing	14780
the licensee's license need not return the salesperson's license	14781
to the superintendent. The superintendent may process the	14782
application regardless of whether the licensee's license is	14783
returned to the superintendent.	14784

Sec. 4735.14. (A) Each license issued under this chapter,	14785
shall be valid without further recommendation or examination until	14786
it is placed in an inactive, voluntary hold, or resigned status,	14787
is revoked,or suspended, or such license expires by operation of	14788
law.	14789

(B) ~~Each~~Except for a licensee who has placed the licensee's	14790
license on voluntary hold or resigned status pursuant to section	14791
4735.142 of the Revised Code, each licensed broker, brokerage, or	14792
salesperson shall file, on or before the date the Ohio real estate	14793
commission has adopted by rule for that licensee in accordance	14794
with division (A)(2)(f) of section 4735.10 of the Revised Code, a	14795
notice of renewal on a form prescribed by the superintendent of	14796
real estate. The notice of renewal shall be mailed by the	14797
superintendent to the most current personal residence address of	14798
each broker or salesperson as filed with the superintendent by the	14799
licensee and the place of business address of the brokerage two	14800
months prior to the filing deadline.	14801

(C) ~~The~~Except as otherwise provided in division (B) of this	14802
section, the license of any real estate broker, brokerage, or	14803
salesperson that fails to file a notice of renewal on or before	14804
the filing deadline of each ensuing year shall be suspended	14805
automatically without the taking of any action by the	14806
superintendent. A suspended license may be reactivated within	14807
twelve months of the date of suspension, provided that the renewal	14808
fee plus a penalty fee of fifty per cent of the renewal fee is	14809
paid to the superintendent. Failure to reactivate the license as	14810
provided in this division shall result in automatic revocation of	14811
the license without the taking of any action by the	14812
superintendent. No person, partnership, association, corporation,	14813
limited liability company, or limited partnership shall engage in	14814
any act or acts for which a real estate license is required while	14815
that entity's license is placed in an inactive, voluntary hold, or	14816
resigned status, or is suspended, or revoked. The commission shall	14817
adopt rules in accordance with Chapter 119. of the Revised Code to	14818
provide to licensees notice of suspension or revocation or both.	14819

(D) Each licensee shall notify the commission of a change in	14820
personal residence address. A licensee's failure to notify the	14821
commission of a change in personal residence address does not	14822
negate the requirement to file the license renewal by the required	14823
deadline established by the commission by rule under division	14824
(A)(2)(f) of section 4735.10 of the Revised Code.	14825

(E) The superintendent shall not renew a license if the	14826
licensee is not in compliance with this chapter.	14827

Sec. 4735.141. (A) Except as otherwise provided in this	14828
division and except for a licensee who has placed the licensee's	14829
license on voluntary hold or resigned status pursuant to section	14830
4735.142 of the Revised Code, each person licensed under section	14831
4735.07 or 4735.09 of the Revised Code shall submit proof	14832
satisfactory to the superintendent of real estate that the	14833
licensee has satisfactorily completed thirty hours of continuing	14834
education, as prescribed by the Ohio real estate commission	14835
pursuant to section 4735.10 of the Revised Code, on or before the	14836
licensee's birthday occurring three years after the licensee's	14837
date of initial licensure, and on or before the licensee's	14838
birthday every three years thereafter.	14839

Persons licensed as real estate salespersons who subsequently	14840
become licensed real estate brokers shall continue to submit proof	14841
of continuing education in accordance with the time period	14842
established in this section.	14843

The requirements of this section shall not apply to any	14844
physically handicapped licensee as provided in division (E) of	14845
this section.	14846

Each licensee who is seventy years of age or older, within a	14847
continuing education reporting period, shall submit proof	14848
satisfactory to the superintendent of real estate that the	14849
licensee has satisfactorily completed a total of nine classroom	14850
hours of continuing education, including instruction in Ohio real	14851
estate law; recently enacted state and federal laws affecting the	14852
real estate industry; municipal, state, and federal civil rights	14853
law; and canons of ethics for the real estate industry as adopted	14854
by the commission. The required proof of completion shall be	14855
submitted on or before the licensee's birthday that falls in the	14856
third year of that continuing education reporting period. A	14857
licensee who is seventy years of age or older whose license is in	14858
an inactive status is exempt from the continuing education	14859
requirements specified in this section. The commission shall adopt	14860
reasonable rules in accordance with Chapter 119. of the Revised	14861
Code to carry out the purposes of this paragraph.	14862

(B) The continuing education requirements of this section	14863
shall be completed in schools, seminars, and educational	14864
institutions approved by the commission. Such approval shall be	14865
given according to rules established by the commission under the	14866
procedures of Chapter 119. of the Revised Code, and shall not be	14867
limited to institutions providing two-year or four-year degrees.	14868
Each school, seminar, or educational institution approved under	14869
this division shall be open to all licensees on an equal basis.	14870

(C) If the requirements of this section are not met by a	14871
licensee within the period specified, the licensee's license shall	14872
be suspended automatically without the taking of any action by the	14873
superintendent. The superintendent shall notify the licensee of	14874
the license suspension. Any license so suspended shall remain	14875
suspended until it is reactivated by the superintendent. No such	14876
license shall be reactivated until it is established, to the	14877
satisfaction of the superintendent, that the requirements of this	14878
section have been met. If the requirements of this section are not	14879
met within twelve months from the date the license was suspended,	14880
the license shall be revoked automatically without the taking of	14881
any action by the superintendent.	14882

(D) If the license of a real estate broker is suspended	14883
pursuant to division (C) of this section, the license of a real	14884
estate salesperson associated with that broker correspondingly is	14885
suspended pursuant to division (H) of section 4735.20 of the	14886
Revised Code. However, the suspended license of the associated	14887
real estate salesperson shall be reactivated and no fee shall be	14888
charged or collected for that reactivation if all of the following	14889
occur:	14890

(1) That broker subsequently submits proof to the	14891
superintendent that the broker has complied with the requirements	14892
of this section and requests that the broker's license as a real	14893
estate broker be reactivated.	14894

(2) The superintendent then reactivates the broker's license	14895
as a real estate broker.	14896

(3) The associated real estate salesperson intends to	14897
continue to be associated with that broker, has complied with the	14898
requirements of this section, and otherwise is in compliance with	14899
this chapter.	14900

Any person whose license is reactivated pursuant to this	14901
division shall submit proof satisfactory to the superintendent	14902
that the person has completed thirty hours of continuing	14903
education, as prescribed by the Ohio real estate commission, on or	14904
before the third year following the licensee's birthday occurring	14905
immediately after reactivation.	14906

(E) Any licensee who is a physically handicapped licensee at	14907
any time during the last three months of the third year of the	14908
licensee's continuing education reporting period may receive an	14909
extension of time to submit proof to the superintendent that the	14910
licensee has satisfactorily completed the required thirty hours of	14911
continuing education. To receive an extension of time, the	14912
licensee shall submit a request to the division of real estate for	14913
the extension and proof satisfactory to the commission that the	14914
licensee was a physically handicapped licensee at some time during	14915
the last three months of the three-year reporting period. The	14916
proof shall include, but is not limited to, a signed statement by	14917
the licensee's attending physician describing the physical	14918
disability, certifying that the licensee's disability is of such a	14919
nature as to prevent the licensee from attending any instruction	14920
lasting at least three hours in duration, and stating the expected	14921
duration of the physical disability. The licensee shall request	14922
the extension and provide the physician's statement to the	14923
division no later than one month prior to the end of the	14924
licensee's three-year continuing education reporting period,	14925
unless the physical disability did not arise until the last month	14926
of the three-year reporting period, in which event the licensee	14927
shall request the extension and provide the physician's statement	14928
as soon as practical after the occurrence of the physical	14929
disability. A licensee granted an extension pursuant to this	14930
division who is no longer a physically handicapped licensee and	14931
who submits proof of completion of the continuing education during	14932
the extension period, shall submit, for future continuing	14933
education reporting periods, proof of completion of the continuing	14934
education requirements according to the schedule established in	14935
division (A) of this section.	14936

Sec. 4735.142. (A) Any person licensed under section 4735.07	14937
or 4735.09 of the Revised Code, at any time prior to the date the	14938
licensee is required to file a notice of renewal pursuant to	14939
division (B) of section 4735.14 of the Revised Code may apply to	14940
the superintendent of real estate and professional licensing to	14941
place the licensee's license on voluntary hold or a resigned	14942
status.	14943

(B) If the superintendent has placed a license on voluntary	14944
hold pursuant to a request made under division (A) of this	14945
section, the licensee who requested that the licensee's license be	14946
placed on voluntary hold may apply to the superintendent to	14947
reactivate that license within twelve months after the date the	14948
license is placed on voluntary hold. The superintendent shall	14949
reactivate that license if the licensee complies with the	14950
requirements for such reactivation that are specified in rules	14951
adopted by the Ohio real estate commission pursuant to division	14952
(A) of section 4735.10 of the Revised Code and satisfies all of	14953
the following requirements:	14954

(1) The licensee complies with the postlicensure education	14955
requirements specified in section 4735.07 or 4735.09 of the	14956
Revised Code, as applicable;	14957

(2) The licensee complies with the continuing education	14958
requirements specified in section 4735.141 of the Revised Code;	14959

(3) The licensee renews the licensee's license in accordance	14960
with section 4735.14 of the Revised Code and, if applicable, pays	14961
the annual brokerage assessment fee in accordance with the	14962
requirements specified in rules adopted by the commission.	14963

(C) If a licensee does not apply to reactivate a license on	14964
voluntary hold pursuant to division (B) of this section during the	14965
twelve-month time period specified in that division or does not	14966
satisfy the requirements specified in that division during that	14967
twelve-month period, the superintendent shall consider that	14968
license to be in a resigned status. The superintendent shall not	14969
reactivate a resigned license. The resignation of a license is	14970
considered to be final without the taking of any action by the	14971
superintendent. If a person whose license is in a resigned status	14972
pursuant to this division wishes to obtain an active license, the	14973
person shall apply for an active license in accordance with the	14974
requirements specified in section 4735.07 or 4735.09 of the	14975
Revised Code, as applicable.	14976

(D) A licensee, at any time during which a license has been	14977
suspended pursuant to division (G) of section 4735.07, division	14978
(G) of section 4735.09, division (E) of section 4735.12, division	14979
(C) of section 4735.14, division (C) of section 4735.141, or	14980
section 4735.182 of the Revised Code, may apply to the	14981
superintendent on a form prescribed by the superintendent to	14982
voluntarily resign the licensee's license. The resignation of a	14983
license is considered to be final without the taking of any action	14984
by the superintendent. If a person whose license is in a resigned	14985
status pursuant to a request made under this division wishes to	14986
obtain an active or inactive license, the person shall apply for	14987
such a license in accordance with the requirements specified in	14988
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	14989
in the rules adopted by the commission pursuant to division (A)	14990
of section 4735.10 of the Revised Code.	14991

(E) If placing a broker's license on voluntary hold or a	14992
resigned status will result in the closure of the broker's	14993
brokerage, the broker, within three days after applying to the	14994
superintendent to place the license on voluntary hold or a	14995
resigned status, shall provide to each salesperson associated	14996
with that broker a written notice stating that fact.	14997

(F) This section does not apply to any licensee whose license	14998
has been suspended pursuant to division (F) of section 4735.181 of	14999
the Revised Code or due to disciplinary action ordered by the	15000
commission pursuant to section 4735.051 of the Revised Code.	15001

Sec. 4752.04. A person seeking a license to provide home	15002
medical equipment services shall apply to the Ohio respiratory	15003
care board on a form the board shall prescribe and provide. The	15004
application must be accompanied by the license application fee	15005
established in rules adopted under section 4752.17 of the Revised	15006
Code ~~and~~, except that the board may waive all or part of the fee	15007
if the board determines that an applicant's license will be	15008
issued in the last six months of the biennial licensing period	15009
established under section 4752.05 of the Revised Code.	15010

In the application, the applicant shall specify the name and	15011
location of the facility from which services will be provided.	15012

Sec. 4752.05. (A) The Ohio respiratory care board shall issue	15013
a license to provide home medical equipment services to each	15014
applicant under section 4752.04 of the Revised Code that meets	15015
either of the following requirements:	15016

(1) Meets the standards established by the board in rules	15017
adopted under section 4752.17 of the Revised Code;	15018

(2) Is a pharmacy licensed under Chapter 4729. of the Revised	15019
Code that receives total payments of ten thousand dollars or more	15020
per year from selling or renting home medical equipment.	15021

(B) During the period ending one year after ~~the effective~~	15022
~~date of this section~~September 16, 2004, an applicant that does	15023
not meet either of the requirements of division (A) of this	15024
section shall be granted a provisional license if for at least	15025
twelve months prior to ~~the effective date of this section~~	15026
September 16, 2004 the applicant was engaged in the business of	15027
providing home medical equipment services. The provisional license	15028
expires one year following the date on which it is issued and is	15029
not subject to renewal under section 4752.06 of the Revised Code.	15030

(C) The board may conduct a personal interview of an	15031
applicant, or an applicant's representative, to determine the	15032
applicant's qualifications for licensure.	15033

(D) A license issued under division (A) of this section is	15034
~~valid from the day it is issued until the thirtieth day of June~~	15035
~~that immediately follows the date of issue. Thereafter a license~~	15036
~~is valid only if it is~~expires at the end of the licensing period	15037
for which it is issued and may be renewed in accordance with	15038
section 4752.06 of the Revised Code ~~biennially on or before the~~	15039
~~thirtieth day of June~~. For purposes of issuing and renewing	15040
licenses, the board shall use a biennial licensing period that	15041
begins on the first day of July of each even-numbered year and	15042
ends on the thirtieth day of June of the next succeeding	15043
even-numbered year.	15044

(E) Any license issued under this section is valid only for	15045
the facility named in the application.	15046

Sec. 4752.06. Except for a provisional license issued under	15047
section 4752.05 of the Revised Code, a license issued under this	15048
chapter shall be renewed by the Ohio respiratory care board if the	15049
license holder is in compliance with the applicable requirements	15050
of this chapter.	15051

An application for license renewal shall be accompanied by	15052
the renewal fee established in rules adopted under section 4752.17	15053
of the Revised Code and, except as provided in division (B) of	15054
section 4752.07 of the Revised Code, by documentation	15055
satisfactory to the board that the continuing education	15056
requirements of section 4752.07 of the Revised Code have been met.	15057
Renewals shall be made in accordance with the standard renewal	15058
procedure established under Chapter 4745. of the Revised Code and	15059
the renewal procedures established in rules adopted under section	15060
4752.17 of the Revised Code.	15061

Sec. 4752.07. (A) The holder of a license issued under this	15062
chapter shall do all of the following:	15063

~~(A)~~(1) Maintain a physical facility and a medical equipment	15064
inventory;	15065

~~(B)~~(2) Establish equipment management and personnel policies;

15066

~~(C)~~(3) Provide life-sustaining home medical equipment, as	15067
described in division (B)(1) of section 4752.01 of the Revised	15068
Code, and related home medical equipment services twenty-four	15069
hours per day, seven days per week;	15070

~~(D) Require~~(4) Except as provided in division (B) of this	15071
section, require persons in its employ or under its control who	15072
provide home medical equipment services to successfully complete	15073
continuing education programs in home medical equipment services	15074
that meet the standards established by rule adopted under section	15075
4752.17 of the Revised Code and maintain records on participation	15076
in those programs;	15077

~~(E)~~(5) Maintain records on all individuals to whom it	15078
provides home medical equipment and services;	15079

~~(F)~~(6) Maintain liability insurance, including coverage for	15080
professional and products liability;	15081

~~(G)~~(7) Comply with all other requirements established by rule	15082
adopted under section 4752.17 of the Revised Code that apply to	15083
persons licensed under this chapter.	15084

(B) For the first renewal of a license that was issued in the	15085
last six months of the biennial licensing period established under	15086
section 4752.05 of the Revised Code, the board may waive all or	15087
part of the continuing education requirements that otherwise would	15088
have to be met to renew the license under section 4752.06 of the	15089
Revised Code.	15090

Sec. 4752.11. (A) A person seeking a certificate of	15091
registration to provide home medical equipment services shall	15092
apply to the Ohio respiratory care board on a form the board shall	15093
prescribe and provide. The application must be accompanied by the	15094
registration fee established in rules adopted under section	15095
4752.17 of the Revised Code, except that the board may waive all	15096
or part of the fee if the board determines that an applicant's	15097
certificate of registration will be issued in the last six months	15098
of the biennial registration period established under section	15099
4752.12 of the Revised Code.	15100

(B) The applicant shall specify in the application all of the	15101
following:	15102

(1) The name of the facility from which services will be	15103
provided;	15104

(2) The facility's address;

15105

(3) The facility's telephone number;

15106

(4) A person who may be contacted with regard to the	15107
facility;	15108

(5) The name of the national accrediting body that issued the	15109
accreditation on which the application is based;	15110

(6) The applicant's accreditation number and the expiration	15111
date of the accreditation;	15112

(7) A telephone number that may be used twenty-four hours a	15113
day, seven days a week, to obtain information related to the	15114
facility's provision of home medical equipment services.	15115

Sec. 4752.12. (A) The Ohio respiratory care board shall	15116
issue a certificate of registration to provide home medical	15117
equipment services to each applicant who submits a complete	15118
application under section 4752.11 of the Revised Code. For	15119
purposes of this division, an application is complete only if the	15120
board finds that the applicant holds accreditation from the joint	15121
commission on accreditation of healthcare organizations or another	15122
national accrediting body recognized by the board, as specified in	15123
rules adopted under section 4752.17 of the Revised Code.	15124

(B) A certificate of registration issued under this section	15125
~~is valid from the day it is issued until the thirtieth day of June~~	15126
~~that immediately follows the date of issue. Thereafter, a~~	15127
~~certificate of registration is valid only if it is~~expires at the	15128
end of the registration period for which it is issued and may be	15129
renewed in accordance with section 4752.13 of the Revised Code	15130
~~biennially on or before the thirtieth day of June~~. For purposes of	15131
renewing certificates of registration, the board shall use a	15132
biennial registration period that begins on the first day of July	15133
of each even-numbered year and ends on the thirtieth day of June	15134
of the next succeeding even-numbered year.	15135

(C) A certificate of registration issued under this section	15136
is valid only for the facility named in the application.	15137

Sec. 4752.13. A certificate of registration issued under this	15138
chapter shall be renewed by the Ohio respiratory care board if the	15139
certificate holder is accredited by the joint commission on	15140
accreditation of healthcare organizations or another national	15141
accrediting body recognized by the board, as specified in rules	15142
adopted under section 4752.17 of the Revised Code.	15143

An application for renewal of a certificate of registration	15144
shall be accompanied by the renewal fee established in rules	15145
adopted under section 4752.17 of the Revised Code. Renewals shall	15146
be made in accordance with the standard renewal procedure	15147
established under Chapter 4745. of the Revised Code and the	15148
renewal procedures established in rules adopted under section	15149
4752.17 of the Revised Code.	15150

Sec. 4905.84. (A) As used in this section:

15151

(1) "Telecommunications relay service" means intrastate	15152
transmission services that provide the ability for an individual	15153
who has a hearing or speech impairment to engage in a	15154
communication by wire or radio with a hearing individual in a	15155
manner that is functionally equivalent to the ability of an	15156
individual who does not have a hearing or speech impairment to	15157
communicate using voice communication services by wire or radio.	15158
"Telecommunications relay service" includes services that enable	15159
two-way communication between an individual who uses a	15160
telecommunications device for the deaf or other nonvoice terminal	15161
device and an individual who does not use such a device.	15162

(2) "TRS provider" means an entity selected by the public	15163
utilities commission as the provider of telecommunications relay	15164
service for this state as part of the commission's intrastate	15165
telecommunications relay service program certified pursuant to	15166
federal law.	15167

(B) For the sole purpose of funding telecommunications relay	15168
service, the commission shall, not earlier than January 1, 2009,	15169
impose on and collect from each service provider that is required	15170
under federal law to provide its customers access to	15171
telecommunications relay service an annual assessment to pay for	15172
costs incurred by the TRS provider for providing such service in	15173
Ohio. The commission shall determine the appropriate service	15174
providers to be assessed the telecommunications relay service	15175
costs, including telephone companies as defined in division	15176
(A)(2) of section 4905.03 of the Revised Code, commercial mobile	15177
radio service providers, and providers of advanced services or	15178
internet protocol-enabled services that are competitive with or	15179
functionally equivalent to basic local exchange service as	15180
defined in section 4927.01 of the Revised Code.	15181

(C) The assessment shall be allocated proportionately among	15182
the appropriate service providers using a competitively neutral	15183
formula established by the commission based on the number of	15184
retail intrastate customer access lines or their equivalent. The	15185
commission shall annually reconcile the funds collected with the	15186
actual costs of providing telecommunications relay service when it	15187
issues the assessment and shall either proportionately charge the	15188
service providers for any amounts not sufficient to cover the	15189
actual costs or proportionately credit amounts collected in excess	15190
of the actual costs. The total amount assessed from all service	15191
providers shall not exceed the total telecommunications relay	15192
service costs.	15193

Each service provider that pays the assessment shall be	15194
permitted to recover the cost of the assessment. The method of	15195
recovery may include, but is not limited to, a customer billing	15196
surcharge.	15197

The commission shall deposit the money collected in the	15198
telecommunications relay service fund, which is hereby created in	15199
the state treasury, and shall use the money in that fund solely	15200
to compensate the TRS provider.	15201

(D) The commission shall take such measures as it considers	15202
necessary to protect the confidentiality of information provided	15203
to the commission pursuant to this section by service providers	15204
required to pay the assessment.	15205

(E) The commission may assess a forfeiture of not more than	15206
one thousand dollars on any service provider failing to comply	15207
with this section. Each day's continuance of such failure is a	15208
separate offense. The forfeiture shall be recovered in accordance	15209
with sections 4905.55 to 4905.60 of the Revised Code.	15210

(F) The jurisdiction and authority granted to the commission	15211
by this section is limited to the administration and enforcement	15212
of this section. The commission may adopt such rules as it finds	15213
necessary to carry out this section. The commission shall adopt	15214
rules under Chapter 119. of the Revised Code to establish the	15215
assessment amounts and procedures.	15216

Sec. 4928.142. (A) For the purpose of complying with section	15217
4928.141 of the Revised Code and subject to division (D) of this	15218
section and, as applicable, subject to the rate plan requirement	15219
of division (A) of section 4928.141 of the Revised Code, an	15220
electric distribution utility may establish a standard service	15221
offer price for retail electric generation service that is	15222
delivered to the utility under a market-rate offer.	15223

(1) The market-rate offer shall be determined through a	15224
competitive bidding process that provides for all of the	15225
following:	15226

(a) Open, fair, and transparent competitive solicitation;

15227

(b) Clear product definition;

15228

15229

(d) Oversight by an independent third party that shall design	15230
the solicitation, administer the bidding, and ensure that the	15231
criteria specified in division (A)(1)(a) to (c) of this section	15232
are met;	15233

(e) Evaluation of the submitted bids prior to the selection	15234
of the least-cost bid winner or winners.	15235

No generation supplier shall be prohibited from participating	15236
in the bidding process.	15237

(2) The public utilities commission shall modify rules, or	15238
adopt new rules as necessary, concerning the conduct of the	15239
competitive bidding process and the qualifications of bidders,	15240
which rules shall foster supplier participation in the bidding	15241
process and shall be consistent with the requirements of division	15242
(A)(1) of this section.	15243

(B) Prior to initiating a competitive bidding process for a	15244
market-rate offer under division (A) of this section, the electric	15245
distribution utility shall file an application with the	15246
commission. An electric distribution utility may file its	15247
application with the commission prior to the effective date of	15248
the commission rules required under division (A)(2) of this	15249
section, and, as the commission determines necessary, the utility	15250
shall immediately conform its filing to the rules upon their	15251
taking effect.	15252

An application under this division shall detail the electric	15253
distribution utility's proposed compliance with the requirements	15254
of division (A)(1) of this section and with commission rules	15255
under division (A)(2) of this section and demonstrate that all of	15256
the following requirements are met:	15257

(1) The electric distribution utility or its transmission	15258
service affiliate belongs to at least one regional transmission	15259
organization that has been approved by the federal energy	15260
regulatory commission; or there otherwise is comparable and	15261
nondiscriminatory access to the electric transmission grid.	15262

(2) Any such regional transmission organization has a	15263
market-monitor function and the ability to take actions to	15264
identify and mitigate market power or the electric distribution	15265
utility's market conduct; or a similar market monitoring function	15266
exists with commensurate ability to identify and monitor market	15267
conditions and mitigate conduct associated with the exercise of	15268
market power.	15269

(3) A published source of information is available publicly	15270
or through subscription that identifies pricing information for	15271
traded electricity on- and off-peak energy products that are	15272
contracts for delivery beginning at least two years from the date	15273
of the publication and is updated on a regular basis.	15274

The commission shall initiate a proceeding and, within ninety	15275
days after the application's filing date, shall determine by order	15276
whether the electric distribution utility and its market-rate	15277
offer meet all of the foregoing requirements. If the finding is	15278
positive, the electric distribution utility may initiate its	15279
competitive bidding process. If the finding is negative as to one	15280
or more requirements, the commission in the order shall direct	15281
the electric distribution utility regarding how any deficiency	15282
may be remedied in a timely manner to the commission's	15283
satisfaction; otherwise, the electric distribution utility shall	15284
withdraw the application. However, if such remedy is made and the	15285
subsequent finding is positive and also if the electric	15286
distribution utility made a simultaneous filing under this	15287
section and section 4928.143 of the Revised Code, the utility	15288
shall not initiate its competitive bid until at least one hundred	15289
fifty days after the filing date of those applications.	15290

(C) Upon the completion of the competitive bidding process	15291
authorized by divisions (A) and (B) of this section, including for	15292
the purpose of division (D) of this section, the commission shall	15293
select the least-cost bid winner or winners of that process, and	15294
such selected bid or bids, as prescribed as retail rates by the	15295
commission, shall be the electric distribution utility's	15296
standard service offer unless the commission, by order issued	15297
before the third calendar day following the conclusion of the	15298
competitive bidding process for the market rate offer, determines	15299
that one or more of the following criteria were not met:	15300

(1) Each portion of the bidding process was oversubscribed,	15301
such that the amount of supply bid upon was greater than the	15302
amount of the load bid out.	15303

(2) There were four or more bidders.

15304

(3) At least twenty-five per cent of the load is bid upon by	15305
one or more persons other than the electric distribution utility.	15306

All costs incurred by the electric distribution utility as a	15307
result of or related to the competitive bidding process or to	15308
procuring generation service to provide the standard service	15309
offer, including the costs of energy and capacity and the costs	15310
of all other products and services procured as a result of the	15311
competitive bidding process, shall be timely recovered through	15312
the standard service offer price, and, for that purpose, the	15313
commission shall approve a reconciliation mechanism, other	15314
recovery mechanism, or a combination of such mechanisms for the	15315
utility.	15316

(D) The first application filed under this section by an	15317
electric distribution utility that, as of ~~the effective date of~~	15318
~~this section~~July 31, 2008, directly owns, in whole or in part,	15319
operating electric generating facilities that had been used and	15320
useful in this state shall require that a portion of that	15321
utility's standard service offer load for the first five years	15322
of the market rate offer be competitively bid under division	15323
(A) of this section as follows: ten per cent of the load in	15324
year one ~~and~~, not ~~less~~more than twenty per cent in year two,	15325
thirty per cent in year three, forty per cent in year four,	15326
and fifty per cent in year five. Consistent with those	15327
percentages, the commission shall determine the actual	15328
percentages for each year of years one through five. The	15329
standard service offer price for retail electric generation	15330
service under this first application shall be a proportionate	15331
blend of the bid price and the generation service price for	15332
the remaining standard service offer load, which latter price	15333
shall be equal to the electric distribution utility's most	15334
recent standard service offer price, adjusted upward or	15335
downward as the commission determines reasonable, relative to	15336
the jurisdictional portion of any known and measurable changes	15337
from the level of any one or more of the following costs as	15338
reflected in that most recent standard service offer price:	15339

(1) The electric distribution utility's prudently incurred	15340
cost of fuel used to produce electricity;	15341

(2) Its prudently incurred purchased power costs;

15342

(3) Its prudently incurred costs of satisfying the supply and	15343
demand portfolio requirements of this state, including, but not	15344
limited to, renewable energy resource and energy efficiency	15345
requirements;	15346

(4) Its costs prudently incurred to comply with environmental	15347
laws and regulations, with consideration of the derating of any	15348
facility associated with those costs.	15349

In making any adjustment to the most recent standard service	15350
offer price on the basis of costs described in division (D) of	15351
this section, the commission shall include the benefits that may	15352
become available to the electric distribution utility as a result	15353
of or in connection with the costs included in the adjustment,	15354
including, but not limited to, the utility's receipt of emissions	15355
credits or its receipt of tax benefits or of other benefits, and,	15356
accordingly, the commission may impose such conditions on the	15357
adjustment to ensure that any such benefits are properly aligned	15358
with the associated cost responsibility. The commission shall	15359
also determine how such adjustments will affect the electric	15360
distribution utility's return on common equity that may be	15361
achieved by those adjustments. The commission shall not apply its	15362
consideration of the return on common equity to reduce any	15363
adjustments authorized under this division unless the adjustments	15364
will cause the electric distribution utility to earn a return on	15365
common equity that is significantly in excess of the return on	15366
common equity that is earned by publicly traded companies,	15367
including utilities, that face comparable business and financial	15368
risk, with such adjustments for capital structure as may be	15369
appropriate. The burden of proof for demonstrating that	15370
significantly excessive earnings will not occur shall be on the	15371
electric distribution utility.	15372

Additionally, the commission may adjust the electric	15373
distribution utility's most recent standard service offer price by	15374
such just and reasonable amount that the commission determines	15375
necessary to address any emergency that threatens the utility's	15376
financial integrity or to ensure that the resulting revenue	15377
available to the utility for providing the standard service offer	15378
is not so inadequate as to result, directly or indirectly, in a	15379
taking of property without compensation pursuant to Section 19 of	15380
Article I, Ohio Constitution. The electric distribution utility	15381
has the burden of demonstrating that any adjustment to its most	15382
recent standard service offer price is proper in accordance with	15383
this division.	15384

(E) Beginning in the second year of a blended price under	15385
division (D) of this section and notwithstanding any other	15386
requirement of this section, the commission may alter	15387
prospectively the proportions specified in that division to	15388
mitigate any effect of an abrupt or significant change in the	15389
electric distribution utility's standard service offer price that	15390
would otherwise result in general or with respect to any rate	15391
group or rate schedule but for such alteration. Any such	15392
alteration shall be made not more often than annually, and the	15393
commission shall not, by altering those proportions and in any	15394
event, including because of the length of time, as authorized	15395
under division (C) of this section, taken to approve the market	15396
rate offer, cause the duration of the blending period to exceed	15397
ten years as counted from the effective date of the approved	15398
market rate offer. Additionally, any such alteration shall be	15399
limited to an alteration affecting the prospective proportions	15400
used during the blending period and shall not affect any blending	15401
proportion previously approved and applied by the commission	15402
under this division.	15403

(F) An electric distribution utility that has received	15404
commission approval of its first application under division (C) of	15405
this section shall not, nor ever shall be authorized or required	15406
by the commission to, file an application under section 4928.143	15407
of the Revised Code.	15408

Sec. 5101.5211. (A) As used in sections 5101.5211 to	15409
5101.5216 of the Revised Code:	15410

"Children's buy-in program" means the program established	15411
under sections 5101.5211 to 5101.5216 of the Revised Code.	15412

"Countable family income" has the meaning established in	15413
rules adopted under section 5101.5215 of the Revised Code.	15414

"Creditable coverage" has the same meaning as in 42 U.S.C.	15415
300gg(c)(1), except that it does not mean medical assistance	15416
available under the children's buy-in program or the program for	15417
medically handicapped children.	15418

"Family" has the meaning established in rules adopted under	15419
section 5101.5215 of the Revised Code.	15420

"Federal poverty guidelines" has the same meaning as in	15421
section 5101.46 of the Revised Code.	15422

"Program for medically handicapped children" means the	15423
program established under sections 3701.021 to 3701.0210 of the	15424
Revised Code.	15425

(B) The director of job and family services shall establish	15426
the children's buy-in program in accordance with sections	15427
5101.5211 to 5101.5216 of the Revised Code. The director shall	15428
submit to the United States secretary of health and human	15429
services an amendment to the state medicaid plan, an amendment to	15430
the state child health plan, one or more requests for a federal	15431
waiver, or such an amendment and waiver requests as necessary to	15432
seek federal matching funds for the children's buy-in program.	15433
The director shall not begin implementation of the program until	15434
after submitting the amendment, waiver request, or both. The	15435
director may begin implementation of the program before receiving	15436
approval of the amendment, waiver request, or both using state	15437
funds only. The director shall implement the program regardless	15438
of whether the amendment, waiver request, or both are denied. The	15439
program shall be funded with state funds only if the United	15440
States secretary denies federal matching funds for the program.	15441
If the United States secretary approves federal matching funds for	15442
the program and if permitted under the terms of the approval, the	15443
program shall be operated as part of the medicaid program, the	15444
children's health insurance program, or both.	15445

Sec. 5101.5212. Under the children's buy-in program and	15446
subject to section 5101.5213 of the Revised Code, an individual	15447
who does both of the following in accordance with rules adopted	15448
under section 5101.5215 of the Revised Code qualifies for	15449
medical assistance under the program, unless the director of job	15450
and family services has adopted rules under division (B) of	15451
section 5101.5215 of the Revised Code to limit the number of	15452
individuals who may participate in the program at one time and the	15453
program is serving the maximum number of individuals specified in	15454
the rules:	15455

(A) Applies for the children's buy-in program;

15456

(B) Provides satisfactory evidence of all of the following:

15457

(1) That the individual is under nineteen years of age;

15458

(2) That the individual's countable family income exceeds	15459
~~three~~two hundred fifty per cent of the federal poverty	15460
guidelines;	15461

(3) That the individual has not had creditable coverage for	15462
at least six months before enrolling in the children's buy-in	15463
program;	15464

(4) That one or more of the following apply to the	15465
individual:	15466

(a) The individual is unable to obtain creditable coverage	15467
due to a pre-existing condition of the individual;	15468

(b) The individual lost the only creditable coverage	15469
available to the individual because the individual has exhausted	15470
a lifetime benefit limitation;	15471

(c) The premium for the only creditable coverage available to	15472
the individual is greater than two hundred per cent of the premium	15473
applicable to the individual under the children's buy-in program;	15474

(d) The individual participates in the program for medically	15475
handicapped children.	15476

(5) That the individual meets the additional eligibility	15477
requirements for the children's buy-in program established in	15478
rules adopted under section 5101.5215 of the Revised Code.	15479

Sec. 5101.5213. (A) An individual participating in the	15480
children's buy-in program shall be charged a monthly premium	15481
established by rules adopted under section 5101.5215 of the	15482
Revised Code. The amount of the monthly premium shall not be less	15483
than the following:	15484

(1) In the case of an individual with countable family income	15485
exceeding ~~three~~two hundred fifty per cent but not exceeding	15486
four hundred per cent of the federal poverty guidelines, the	15487
following amount:	15488

(a) If no other member of the individual's family receives	15489
medical assistance under the program with the individual, one	15490
hundred dollars;	15491

(b) If one or more members of the individual's family receive	15492
medical assistance under the program with the individual, one	15493
hundred fifty dollars.	15494

(2) In the case of an individual with countable family income	15495
exceeding four hundred per cent but not exceeding five hundred	15496
per cent of the federal poverty guidelines, the following	15497
amount:	15498

(a) If no other member of the individual's family receives	15499
medical assistance under the program with the individual, one	15500
hundred twenty-five dollars;	15501

(b) If one or more members of the individual's family receive	15502
medical assistance under the program with the individual, one	15503
hundred seventy-five dollars.	15504

(3) In the case of an individual with countable family	15505
income exceeding five hundred per cent of the federal poverty	15506
guidelines, the full amount of the actuarially determined cost	15507
of the premium.	15508

(B) If the premium for the children's buy-in program is not	15509
paid for two consecutive months, the individual shall lose	15510
eligibility for the program. The individual may not resume	15511
participation in the program until the unpaid premiums that	15512
accrued before the individual lost eligibility are paid.	15513

Sec. 5101.5214. (A) An individual participating in the	15514
children's buy-in program ~~may~~shall be charged co-payments to	15515
~~the extent required~~established by rules~~, if any,~~ adopted under	15516
~~division (B) of~~ section 5101.5215 of the Revised Code.	15517

(B) Notwithstanding division (B) of section 5111.0112 of the	15518
Revised Code, if applicable, and to the extent permitted by	15519
federal law, a provider may refuse to provide a service to an	15520
individual if a co-payment ~~authorized~~required by this section is	15521
not paid.	15522

Sec. 5101.5215. (A) The director of job and family services	15523
shall adopt rules in accordance with Chapter 119. of the Revised	15524
Code as necessary to implement the children's buy-in program,	15525
including rules that do all of the following:	15526

(1) Establish the meaning of "countable family income" and	15527
"family";	15528

(2) For the purpose of section 5101.5212 of the Revised	15529
Code, establish additional eligibility requirements for the	15530
program;	15531

(3) For the purpose of section 5101.5213 of the Revised	15532
Code, establish monthly premiums for the children's buy-in	15533
program;	15534

(4) For the purpose of section 5101.5214 of the Revised Code,	15535
establish copayment requirements for the children's buy-in	15536
program.	15537

(B) The director may adopt rules in accordance with Chapter	15538
119. of the Revised Code to ~~establish co-payment requirements~~	15539
~~for~~limit the number of individuals ~~participating~~who may	15540
participate in the children's buy-in program at one time.	15541

Sec. 5101.572. (A) A third party shall cooperate with the	15542
department of job and family services in identifying individuals	15543
for the purpose of establishing third party liability pursuant to	15544
Title XIX of the Social Security Act, as amended.	15545

(B) In furtherance of the requirement in division (A) of this	15546
section and to allow the department to determine any period that	15547
the individual or the individual's spouse or dependent may have	15548
been covered by the third party and the nature of the coverage, a	15549
third party shall provide, as the department so chooses,	15550
information or access to information, or both, in the third	15551
party's electronic data system on the department's request and in	15552
accordance with division (C) of this section.	15553

(C)(1) If the department chooses to receive information	15554
directly, the third party shall provide the information under all	15555
of the following circumstances:	15556

(a) In a medium, format, and manner prescribed by the	15557
director of job and family services in rules adopted under section	15558
5101.591 of the Revised Code;	15559

(b) Free of charge;

15560

(c) Not later than the end of the thirtieth day after the	15561
department makes its request, unless a different time is agreed to	15562
by the director in writing.	15563

(2) If the department chooses to receive access to	15564
information, the third party shall provide access by a method	15565
prescribed by the director of job and family services in rules	15566
adopted under section 5101.591 of the Revised Code. In	15567
facilitating access, the department may enter into a trading	15568
partner agreement with the third party to permit the exchange of	15569
information via "ASC X 12N 270/271 Health Care Eligibility Benefit	15570
Inquiry and Response" transactions.	15571

(D) All of the following apply with respect to information	15572
provided by a third party to the department under this section:	15573

(1) The information is confidential and not a public record	15574
under section 149.43 of the Revised Code.	15575

(2) The release of information to the department is not to be	15576
considered a violation of any right of confidentiality or contract	15577
that the third party may have with covered persons including, but	15578
not limited to, contractees, beneficiaries, heirs, assignees, and	15579
subscribers.	15580

(3) The third party is immune from any liability that it may	15581
otherwise incur through its release of information to the	15582
department.	15583

The department of job and family services shall limit its use	15584
of information gained from third parties to purposes directly	15585
connected with the administration of the medicaid program and the	15586
child support program authorized by Title IV-D of the "Social	15587
Security Act."	15588

(E) No third party shall disclose to other parties or make	15589
use of any information regarding recipients of aid under Chapter	15590
5107. or 5111. of the Revised Code that it obtains from the	15591
department, except in the manner provided for by the director of	15592
job and family services in administrative rules.	15593

Sec. 5101.80. (A) As used in this section and in section	15594
5101.801 of the Revised Code:	15595

(1) "County family services agency" has the same meaning as	15596
in section 307.981 of the Revised Code.	15597

(2) "State agency" has the same meaning as in section 9.82	15598
of the Revised Code.	15599

(3) "Title IV-A administrative agency" means both of the	15600
following:	15601

(a) A county family services agency or state agency	15602
administering a Title IV-A program under the supervision of the	15603
department of job and family services;	15604

(b) A government agency or private, not-for-profit entity	15605
administering a project funded in whole or in part with funds	15606
provided under the Title IV-A demonstration program created under	15607
section 5101.803 of the Revised Code.	15608

(4) "Title IV-A program" means all of the following that are	15609
funded in part with funds provided under the temporary assistance	15610
for needy families block grant established by Title IV-A of the	15611
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	15612
amended:	15613

(a) The Ohio works first program established under Chapter	15614
5107. of the Revised Code;	15615

(b) The prevention, retention, and contingency program	15616
established under Chapter 5108. of the Revised Code;	15617

(c) A program established by the general assembly or an	15618
executive order issued by the governor that is administered or	15619
supervised by the department of job and family services pursuant	15620
to section 5101.801 of the Revised Code;	15621

(d) The kinship permanency incentive program created under	15622
section 5101.802 of the Revised Code;	15623

(e) The Title IV-A demonstration program created under	15624
section 5101.803 of the Revised Code;	15625

(f) A component of a Title IV-A program identified under	15626
divisions (A)(4)(a) to (e) of this section that the Title IV-A	15627
state plan prepared under division (C)(1) of this section	15628
identifies as a component.	15629

(B) The department of job and family services shall act as	15630
the single state agency to administer and supervise the	15631
administration of Title IV-A programs. The Title IV-A state plan	15632
and amendments to the plan prepared under division (C) of this	15633
section are binding on Title IV-A administrative agencies. No	15634
Title IV-A administrative agency may establish, by rule or	15635
otherwise, a policy governing a Title IV-A program that is	15636
inconsistent with a Title IV-A program policy established, in rule	15637
or otherwise, by the director of job and family services.	15638

(C) The department of job and family services shall do all of	15639
the following:	15640

(1) Prepare and submit to the United States secretary of	15641
health and human services a Title IV-A state plan for Title IV-A	15642
programs;	15643

(2) Prepare and submit to the United States secretary of	15644
health and human services amendments to the Title IV-A state plan	15645
that the department determines necessary, including amendments	15646
necessary to implement Title IV-A programs identified in divisions	15647
(A)(4)(c) to (f) of this section;	15648

(3) Prescribe forms for applications, certificates, reports,	15649
records, and accounts of Title IV-A administrative agencies, and	15650
other matters related to Title IV-A programs;	15651

(4) Make such reports, in such form and containing such	15652
information as the department may find necessary to assure the	15653
correctness and verification of such reports, regarding Title IV-A	15654
programs;	15655

(5) Require reports and information from each Title IV-A	15656
administrative agency as may be necessary or advisable regarding a	15657
Title IV-A program;	15658

(6) Afford a fair hearing in accordance with section 5101.35	15659
of the Revised Code to any applicant for, or participant or former	15660
participant of, a Title IV-A program aggrieved by a decision	15661
regarding the program;	15662

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	15663
and 5108. of the Revised Code and sections 5101.801, 5101.802, and	15664
5101.803 of the Revised Code, any sums appropriated by the general	15665
assembly for the purpose of those chapters and sections and all	15666
sums paid to the state by the secretary of the treasury of the	15667
United States as authorized by Title IV-A of the "Social Security	15668
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended;	15669

(8) Conduct investigations and audits as are necessary	15670
regarding Title IV-A programs;	15671

(9) Enter into reciprocal agreements with other states	15672
relative to the provision of Ohio works first and prevention,	15673
retention, and contingency to residents and nonresidents;	15674

(10) Contract with a private entity to conduct an independent	15675
on-going evaluation of the Ohio works first program and the	15676
prevention, retention, and contingency program. The contract must	15677
require the private entity to do all of the following:	15678

(a) Examine issues of process, practice, impact, and	15679
outcomes;	15680

(b) Study former participants of Ohio works first who have	15681
not participated in Ohio works first for at least one year to	15682
determine whether they are employed, the type of employment in	15683
which they are engaged, the amount of compensation they are	15684
receiving, whether their employer provides health insurance,	15685
whether and how often they have received benefits or services	15686
under the prevention, retention, and contingency program, and	15687
whether they are successfully self sufficient;	15688

(c) Provide the department with reports at times the	15689
department specifies.	15690

(11) Not later than ~~January 1, 2001, and~~ the ~~first~~last day	15691
of each January and July ~~thereafter~~, prepare a report containing	15692
information on the following:	15693

(a) Individuals exhausting the time limits for participation	15694
in Ohio works first set forth in section 5107.18 of the Revised	15695
Code.	15696

(b) Individuals who have been exempted from the time limits	15697
set forth in section 5107.18 of the Revised Code and the reasons	15698
for the exemption.	15699

(D) The department shall provide copies of the reports it	15700
receives under division (C)(10) of this section and prepares under	15701
division (C)(11) of this section to the governor, the president	15702
and minority leader of the senate, and the speaker and minority	15703
leader of the house of representatives. The department shall	15704
provide copies of the reports to any private or government entity	15705
on request.	15706

(E) An authorized representative of the department or a	15707
county family services agency or state agency administering a	15708
Title IV-A program shall have access to all records and	15709
information bearing thereon for the purposes of investigations	15710
conducted pursuant to this section. An authorized representative	15711
of a government entity or private, not-for-profit entity	15712
administering a project funded in whole or in part with funds	15713
provided under the Title IV-A demonstration program shall have	15714
access to all records and information bearing on the project for	15715
the purpose of investigations conducted pursuant to this section.	15716

Sec. 5111.0210. Until July 1, 2009, the director of job and	15717
family services shall not change the medicaid reimbursement rates	15718
that apply to providers of durable medical equipment from the	15719
rates that are in effect on the effective date of this section.	15720

On and after July 1, 2009, the director shall establish	15721
medicaid reimbursement rates that apply to providers of durable	15722
medical equipment by using a cost analysis methodology. The	15723
methodology shall include a statistically valid sample of all	15724
types of durable medical equipment providers in this state,	15725
including providers that have a large volume of sales, providers	15726
that have a small volume of sales, and providers that operate	15727
predominantly in rural, suburban, or metropolitan areas. The	15728
statistical mean that is derived by using the cost analysis	15729
methodology shall be used by the director to establish the	15730
medicaid rates that apply to providers of durable medical	15731
equipment.	15732

Sec. 5111.032. (A) As used in this section:

15733

(1) "Criminal records check" has the same meaning as in	15734
section 109.572 of the Revised Code.	15735

(2) "Department" includes a designee of the department of job	15736
and family services.	15737

(3) "Owner" means a person who has an ownership interest in a	15738
provider in an amount designated by the department of job and	15739
family services in rules adopted under this section.	15740

(4) "Provider" means a person, institution, or entity that	15741
has a provider agreement with the department of job and family	15742
services pursuant to Title XIX of the "Social Security Act," 49	15743
State. 620 (1965), 42 U.S.C. 1396, as amended.	15744

(B)(1) Except as provided in division (B)(2) of this section,	15745
the department of job and family services may require that any	15746
provider, applicant to be a provider, employee or prospective	15747
employee of a provider, owner or prospective owner of a provider,	15748
officer or prospective officer of a provider, or board member or	15749
prospective board member of a provider submit to a criminal	15750
records check as a condition of obtaining a provider agreement,	15751
continuing to hold a provider agreement, being employed by a	15752
provider, having an ownership interest in a provider, or being an	15753
officer or board member of a provider. The department may	15754
designate the categories of persons who are subject to the	15755
criminal records check requirement. The department shall designate	15756
the times at which the criminal records checks must be conducted.	15757

(2) The section does not apply to providers, applicants to be	15758
providers, employees of a provider, or prospective employees of a	15759
provider who are subject to criminal records checks under section	15760
5111.033 or 5111.034 of the Revised Code.	15761

(C)(1) The department shall inform each provider or applicant	15762
to be a provider whether the provider or applicant is subject to a	15763
criminal records check requirement under division (B) of this	15764
section. For providers, the information shall be given at times	15765
designated in rules adopted under this section. For applicants to	15766
be providers, the information shall be given at the time of	15767
initial application. When the information is given, the department	15768
shall specify which of the provider's or applicant's employees or	15769
prospective employees, owners or prospective owners, officers or	15770
prospective officers, or board members or prospective board	15771
members are subject to the criminal records check requirement.	15772

(2) At times designated in rules adopted under this section,	15773
a provider that is subject to the criminal records check	15774
requirement shall inform each person specified by the department	15775
under division (C)(1) of this section that the person is required,	15776
as applicable, to submit to a criminal records check for final	15777
consideration for employment in a full-time, part-time, or	15778
temporary position; as a condition of continued employment; or as	15779
a condition of becoming or continuing to be an officer, board	15780
member or owner of a provider.	15781

(D)(1) If a provider or applicant to be a provider is subject	15782
to a criminal records check under this section, the department	15783
shall require the conduct of a criminal records check by the	15784
superintendent of the bureau of criminal identification and	15785
investigation. If a provider or applicant to be a provider for	15786
whom a criminal records check is required does not present proof	15787
of having been a resident of this state for the five-year period	15788
immediately prior to the date the criminal records check is	15789
requested or provide evidence that within that five-year period	15790
the superintendent has requested information about the individual	15791
from the federal bureau of investigation in a criminal records	15792
check, the department shall require the provider or applicant to	15793
request that the superintendent obtain information from the	15794
federal bureau of investigation as part of the criminal records	15795
check of the provider or applicant. Even if a provider or	15796
applicant for whom a criminal records check request is required	15797
presents proof of having been a resident of this state for the	15798
five-year period, the department may require that the provider or	15799
applicant request that the superintendent obtain information from	15800
the federal bureau of investigation and include it in the criminal	15801
records check of the provider or applicant.	15802

(2) A provider shall require the conduct of a criminal	15803
records check by the superintendent with respect to each of the	15804
persons specified by the department under division (C)(1) of this	15805
section. If the person for whom a criminal records check is	15806
required does not present proof of having been a resident of this	15807
state for the five-year period immediately prior to the date the	15808
criminal records check is requested or provide evidence that	15809
within that five-year period the superintendent of the bureau of	15810
criminal identification and investigation has requested	15811
information about the individual from the federal bureau of	15812
investigation in a criminal records check, the individual shall	15813
request that the superintendent obtain information from the	15814
federal bureau of investigation as part of the criminal records	15815
check of the individual. Even if an individual for whom a criminal	15816
records check request is required presents proof of having been a	15817
resident of this state for the five-year period, the department	15818
may require the provider to request that the superintendent obtain	15819
information from the federal bureau of investigation and include	15820
it in the criminal records check of the person.	15821

(E)(1) Criminal records checks required under this section	15822
for providers or applicants to be providers shall be obtained as	15823
follows:	15824

(a) The department shall provide each provider or applicant	15825
information about accessing and completing the form prescribed	15826
pursuant to division (C)(1) of section 109.572 of the Revised Code	15827
and the standard fingerprint impression sheet prescribed pursuant	15828
to division (C)(2) of that section.	15829

(b) The provider or applicant shall submit the required form	15830
and one complete set of fingerprint impressions directly to the	15831
superintendent for purposes of conducting the criminal records	15832
check using the applicable methods prescribed by division (C) of	15833
section 109.572 of the Revised Code. The applicant or provider	15834
shall pay all fees associated with obtaining the criminal records	15835
check.	15836

(c) The superintendent shall conduct the criminal records	15837
check in accordance with section 109.572 of the Revised Code. The	15838
provider or applicant shall instruct the superintendent to submit	15839
the report of the criminal records check directly to the director	15840
of job and family services.	15841

(2) Criminal records checks required under this section for	15842
persons specified by the department under division (C)(1) of this	15843
section shall be obtained as follows:	15844

(a) The provider shall give to each person subject to	15845
criminal records check requirement information about accessing and	15846
completing the form prescribed pursuant to division (C)(1) of	15847
section 109.572 of the Revised Code and the standard fingerprint	15848
impression sheet prescribed pursuant to division (C)(2) of that	15849
section.	15850

(b) The person shall submit the required form and one	15851
complete set of fingerprint impressions directly to the	15852
superintendent for purposes of conducting the criminal records	15853
check using the applicable methods prescribed by division (C) of	15854
section 109.572 of the Revised Code. The person shall pay all fees	15855
associated with obtaining the criminal records check.	15856

(c) The superintendent shall conduct the criminal records	15857
check in accordance with section 109.572 of the Revised Code. The	15858
person subject to the criminal records check shall instruct the	15859
superintendent to submit the report of the criminal records check	15860
directly to the provider. The department may require the provider	15861
to submit the report to the department.	15862

(F) If a provider or applicant to be a provider is given the	15863
information specified in division (E)(1)(a) of this section but	15864
fails to obtain a criminal records check, the department shall, as	15865
applicable, terminate the provider agreement or deny the	15866
application to be a provider.	15867

If a person is given the information specified in division	15868
(E)(2)(a) of this section but fails to obtain a criminal records	15869
check, the provider shall not, as applicable, permit the person to	15870
be an employee, owner, officer, or board member of the provider.	15871

(G) Except as provided in rules adopted under division (J) of	15872
this section, the department shall terminate the provider	15873
agreement of a provider or the department shall not issue a	15874
provider agreement to an applicant if the provider or applicant is	15875
subject to a criminal records check under this section and the	15876
provider or applicant has been convicted of, has pleaded guilty	15877
to, or has been found eligible for intervention in lieu of	15878
conviction for any of the following:	15879

(1) A violation of section 2903.01, 2903.02, 2903.03,	15880
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	15881
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	15882
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	15883
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	15884
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	15885
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	15886
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	15887
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	15888
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	15889
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	15890
3716.11 of the Revised Code, felonious sexual penetration in	15891
violation of former section 2907.12 of the Revised Code, a	15892
violation of section 2905.04 of the Revised Code as it existed	15893
prior to July 1, 1996, a violation of section 2919.23 of the	15894
Revised Code that would have been a violation of section 2905.04	15895
of the Revised Code as it existed prior to July 1, 1996, had the	15896
violation been committed prior to that date;	15897

(2) An existing or former law of this state, any other state,	15898
or the United States that is substantially equivalent to any of	15899
the offenses listed in division ~~(D)~~(G)(1) of this section.	15900

(H)(1)(a) Except as provided in rules adopted under division	15901
(J) of this section and subject to division (H)(2) of this	15902
section, no provider shall permit a person to be an employee,	15903
owner, officer, or board member of the provider if the person is	15904
subject to a criminal records check under this section and the	15905
person has been convicted of, has pleaded guilty to, or has been	15906
found eligible for intervention in lieu of conviction for any of	15907
the offenses specified in division (G)(1) or (2) of this section.	15908

(b) No provider shall employ a person who has been excluded	15909
from participating in the medicaid program, the medicare program	15910
operated pursuant to Title XVIII of the "Social Security Act," or	15911
any other federal health care program.	15912

(2)(a) A provider may employ conditionally a person for whom	15913
a criminal records check is required under this section prior to	15914
obtaining the results of a criminal records check regarding the	15915
person, but only if the person submits a request for a criminal	15916
records check not later than five business days after the	15917
individual begins conditional employment.	15918

(b) A provider that employs a person conditionally under	15919
authority of division (H)(2)(a) of this section shall terminate	15920
the person's employment if the results of the criminal records	15921
check request are not obtained within the period ending sixty days	15922
after the date the request is made. Regardless of when the results	15923
of the criminal records check are obtained, if the results	15924
indicate that the individual has been convicted of, has pleaded	15925
guilty to, or has been found eligible for intervention in lieu of	15926
conviction for any of the offenses specified in division (G)(1) or	15927
(2) of this section, the provider shall terminate the person's	15928
employment unless the provider chooses to employ the individual	15929
pursuant to division (J) of this section.	15930

(I) The report of a criminal records check conducted pursuant	15931
to this section is not a public record for the purposes of section	15932
149.43 of the Revised Code and shall not be made available to any	15933
person other than the following:	15934

(1) The person who is the subject of the criminal records	15935
check or the person's representative;	15936

(2) The director of job and family services and the staff of	15937
the department in the administration of the medicaid program;	15938

(3) A court, hearing officer, or other necessary individual	15939
involved in a case dealing with the denial or termination of a	15940
provider agreement;	15941

(4) A court, hearing officer, or other necessary individual	15942
involved in a case dealing with a person's denial of employment,	15943
termination of employment, or employment or unemployment benefits.	15944

(J) The department may adopt rules in accordance with Chapter	15945
119. of the Revised Code to implement this section. The rules may	15946
specify circumstances under which the department may continue a	15947
provider agreement or issue a provider agreement to an applicant	15948
when the provider or applicant has been convicted of, has pleaded	15949
guilty to, or has been found eligible for intervention in lieu of	15950
conviction for any of the offenses specified in division (G)(1) or	15951
(2) of this section. The rules may also specify circumstances	15952
under which a provider may permit a person to be an employee,	15953
owner, officer, or board member of the provider, when the person	15954
has been convicted of, has pleaded guilty to, or has been found	15955
eligible for intervention in lieu of conviction for any of the	15956
offenses specified in division (G)(1) or (2) of this section.	15957

Sec. 5111.091. ~~Every three months~~Not later than the first	15958
day of each calendar quarter, the director of job and family	15959
services shall submit a report to the president and minority	15960
leader of the senate ~~and~~, speaker and minority leader of the house	15961
of representatives, and the chairpersons of the committees of the	15962
senate and house of representatives that hear bills making	15963
biennial appropriations on the establishment and implementation of	15964
programs designed to control the increase of the cost of the	15965
medicaid program, increase the efficiency of the medicaid program,	15966
and promote better health outcomes.	15967

The report shall include information regarding all of the	15968
following:	15969

(A) Provider network management;

15970

(B) Electronic claims submission and payment systems;

15971

(C) Limited provider contracts and payments based on	15972
performance;	15973

(D) Efforts to enforce third party liability;

15974

(E) Implementation of the medicaid information technology	15975
system;	15976

(F) Expansion of the medicaid data warehouse and decision	15977
support system;	15978

(G) Development of infrastructure policies for electronic	15979
health records and e-prescribing.	15980

Sec. 5111.31. (A) Every provider agreement with the provider	15981
of a nursing facility or intermediate care facility for the	15982
mentally retarded shall:	15983

(1) Prohibit the provider from failing or refusing to retain	15984
as a patient any person because the person is, becomes, or may, as	15985
a patient in the facility, become a medicaid recipient. For the	15986
purposes of this division, a medicaid recipient who is a patient	15987
in a facility shall be considered a patient in the facility during	15988
any hospital stays totaling less than twenty-five days during any	15989
twelve-month period. Recipients who have been identified by the	15990
department of job and family services or its designee as requiring	15991
the level of care of an intermediate care facility for the	15992
mentally retarded shall not be subject to a maximum period of	15993
absences during which they are considered patients if prior	15994
authorization of the department for visits with relatives and	15995
friends and participation in therapeutic programs is obtained	15996
under rules adopted under section 5111.02 of the Revised Code.	15997

(2) Except as provided by division (B)(1) of this section,	15998
include any part of the facility that meets standards for	15999
certification of compliance with federal and state laws and rules	16000
for participation in the medicaid program.	16001

(3) Prohibit the provider from discriminating against any	16002
patient on the basis of race, color, sex, creed, or national	16003
origin.	16004

(4) Except as otherwise prohibited under section 5111.55 of	16005
the Revised Code, prohibit the provider from failing or refusing	16006
to accept a patient because the patient is, becomes, or may, as a	16007
patient in the facility, become a medicaid recipient if less than	16008
eighty per cent of the patients in the facility are medicaid	16009
recipients.	16010

(B)(1) Except as provided by division (B)(2) of this section,	16011
the following are not required to be included in a provider	16012
agreement unless otherwise required by federal law:	16013

(a) Beds added during the period beginning July 1, 1987, and	16014
ending July 1, 1993, to a nursing home licensed under Chapter	16015
3721. of the Revised Code;	16016

(b) Beds in an intermediate care facility for the mentally	16017
retarded that are designated for respite care under a medicaid	16018
waiver component operated pursuant to a waiver sought under	16019
section 5111.87 of the Revised Code;	16020

~~(c) Beds that are converted to providing home and~~	16021
~~community-based services under the ICF/MR conversion pilot program~~	16022
~~authorized by a waiver sought under division (B)(1) of section~~	16023
~~5111.88 of the Revised Code~~.	16024

(2) If a provider chooses to include a bed specified in	16025
division (B)(1)(a) of this section in a provider agreement, the	16026
bed may not be removed from the provider agreement unless the	16027
provider withdraws the facility in which the bed is located from	16028
the medicaid program.	16029

(C) Nothing in this section shall bar a provider that is a	16030
religious organization operating a religious or denominational	16031
nursing facility or intermediate care facility for the mentally	16032
retarded from giving preference to persons of the same religion or	16033
denomination. Nothing in this section shall bar any provider from	16034
giving preference to persons with whom the provider has	16035
contracted to provide continuing care.	16036

(D) Nothing in this section shall bar the provider of a	16037
county home organized under Chapter 5155. of the Revised Code from	16038
admitting residents exclusively from the county in which the	16039
county home is located.	16040

(E) No provider of a nursing facility or intermediate care	16041
facility for the mentally retarded for which a provider agreement	16042
is in effect shall violate the provider contract obligations	16043
imposed under this section.	16044

(F) Nothing in divisions (A) and (C) of this section shall	16045
bar a provider from retaining patients who have resided in the	16046
provider's facility for not less than one year as private pay	16047
patients and who subsequently become medicaid recipients, but	16048
refusing to accept as a patient any person who is or may, as a	16049
patient in the facility, become a medicaid recipient, if all of	16050
the following apply:	16051

(1) The provider does not refuse to retain any patient who	16052
has resided in the provider's facility for not less than one year	16053
as a private pay patient because the patient becomes a medicaid	16054
recipient, except as necessary to comply with division (F)(2) of	16055
this section;	16056

(2) The number of medicaid recipients retained under this	16057
division does not at any time exceed ten per cent of all the	16058
patients in the facility;	16059

(3) On July 1, 1980, all the patients in the facility were	16060
private pay patients.	16061

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.879	16062
of the Revised Code:	16063

"Home and community-based services" has the same meaning as	16064
in section 5123.01 of the Revised Code.	16065

"ICF/MR services" means intermediate care facility for the	16066
mentally retarded services covered by the medicaid program that an	16067
intermediate care facility for the mentally retarded provides to a	16068
resident of the facility who is a medicaid recipient eligible for	16069
medicaid-covered intermediate care facility for the mentally	16070
retarded services.	16071

"Intermediate care facility for the mentally retarded" means	16072
an intermediate care facility for the mentally retarded that is	16073
certified as in compliance with applicable standards for the	16074
medicaid program by the director of health in accordance with	16075
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	16076
U.S.C. 1396, as amended, and licensed as a residential facility	16077
under section 5123.19 of the Revised Code.	16078

"Residential facility" has the same meaning as in section	16079
5123.19 of the Revised Code.	16080

(B) For the purpose of increasing the number of slots	16081
available for home and community-based services and subject to	16082
section 5111.877 of the Revised Code, the operator of an	16083
intermediate care facility for the mentally retarded may convert	16084
all of the beds in the facility from providing ICF/MR services to	16085
providing home and community-based services if all of the	16086
following requirements are met:	16087

(1) The operator provides the directors of health, job and	16088
family services, and mental retardation and developmental	16089
disabilities at least ninety days' notice of the operator's intent	16090
to relinquish the facility's certification as an intermediate care	16091
facility for the mentally retarded and to begin providing home and	16092
community-based services.	16093

(2) The operator complies with the requirements of sections	16094
5111.65 to 5111.688 of the Revised Code regarding a voluntary	16095
termination as defined in section 5111.65 of the Revised Code if	16096
those requirements are applicable.	16097

(3) The operator notifies each of the facility's residents	16098
that the facility is to cease providing ICF/MR services and inform	16099
each resident that the resident may do either of the following:	16100

(a) Continue to receive ICF/MR services by transferring to	16101
another facility that is an intermediate care facility for the	16102
mentally retarded willing and able to accept the resident if the	16103
resident continues to qualify for ICF/MR services;	16104

(b) Begin to receive home and community-based services	16105
instead of ICF/MR services from any provider of home and	16106
community-based services that is willing and able to provide the	16107
services to the resident if the resident is eligible for the	16108
services and a slot for the services is available to the resident.	16109

(4) The operator meets the requirements for providing home	16110
and community-based services, including the following:	16111

(a) Such requirements applicable to a residential facility if	16112
the operator maintains the facility's license as a residential	16113
facility;	16114

(b) Such requirements applicable to a facility that is not	16115
licensed as a residential facility if the operator surrenders the	16116
facility's residential facility license under section 5123.19 of	16117
the Revised Code.	16118

(5) The director of mental retardation and developmental	16119
disabilities approves the conversion.	16120

(C) The notice to the director of mental retardation and	16121
developmental disabilities under division (B)(1) of this section	16122
shall specify whether the operator wishes to surrender the	16123
facility's license as a residential facility under section 5123.19	16124
of the Revised Code.	16125

(D) If the director of mental retardation and developmental	16126
disabilities approves a conversion under division (B) of this	16127
section, the director of health shall terminate the certification	16128
of the intermediate care facility for the mentally retarded to be	16129
converted. The director of health shall notify the director of	16130
job and family services of the termination. On receipt of the	16131
director of health's notice, the director of job and family	16132
services shall terminate the operator's medicaid provider	16133
agreement that authorizes the operator to provide ICF/MR services	16134
at the facility. The operator is not entitled to notice or a	16135
hearing under Chapter 119. of the Revised Code before the	16136
director of job and family services terminates the medicaid	16137
provider agreement.	16138

Sec. 5111.875. (A) For the purpose of increasing the number	16139
of slots available for home and community-based services and	16140
subject to section 5111.877 of the Revised Code, a person who	16141
acquires, through a request for proposals issued by the director	16142
of mental retardation and developmental disabilities, a	16143
residential facility that is an intermediate care facility for	16144
the mentally retarded and for which the license as a residential	16145
facility was previously surrendered or revoked may convert some	16146
or all of the facility's beds from providing ICF/MR services to	16147
providing home and community-based services if all of the	16148
following requirements are met:	16149

(1) The person provides the directors of health, job and	16150
family services, and mental retardation and developmental	16151
disabilities at least ninety days' notice of the person's intent	16152
to make the conversion.	16153

(2) The person complies with the requirements of sections	16154
5111.65 to 5111.688 of the Revised Code regarding a voluntary	16155
termination as defined in section 5111.65 of the Revised Code if	16156
those requirements are applicable.	16157

(3) If the person intends to convert all of the facility's	16158
beds, the person notifies each of the facility's residents that	16159
the facility is to cease providing ICF/MR services and informs	16160
each resident that the resident may do either of the following:	16161

(a) Continue to receive ICF/MR services by transferring to	16162
another facility that is an intermediate care facility for the	16163
mentally retarded willing and able to accept the resident if the	16164
resident continues to qualify for ICF/MR services;	16165

(b) Begin to receive home and community-based services	16166
instead of ICF/MR services from any provider of home and	16167
community-based services that is willing and able to provide the	16168
services to the resident if the resident is eligible for the	16169
services and a slot for the services is available to the resident.	16170

(4) If the person intends to convert some but not all of the	16171
facility's beds, the person notifies each of the facility's	16172
residents that the facility is to convert some of its beds from	16173
providing ICF/MR services to providing home and community-based	16174
services and inform each resident that the resident may do either	16175
of the following:	16176

(a) Continue to receive ICF/MR services from any provider of	16177
ICF/MR services that is willing and able to provide the services	16178
to the resident if the resident continues to qualify for ICF/MR	16179
services;	16180

(b) Begin to receive home and community-based services	16181
instead of ICF/MR services from any provider of home and	16182
community-based services that is willing and able to provide the	16183
services to the resident if the resident is eligible for the	16184
services and a slot for the services is available to the resident.	16185

(5) The person meets the requirements for providing home and	16186
community-based services at a residential facility.	16187

(B) The notice provided to the directors under division	16188
(A)(1) of this section shall specify whether some or all of the	16189
facility's beds are to be converted. If some but not all of the	16190
beds are to be converted, the notice shall specify how many of	16191
the facility's beds are to be converted and how many of the beds	16192
are to continue to provide ICF/MR services.	16193

(C) On receipt of a notice under division (A)(1) of this	16194
section, the director of health shall do the following:	16195

(1) Terminate the certification of the intermediate care	16196
facility for the mentally retarded if the notice specifies that	16197
all of the facility's beds are to be converted;	16198

(2) Reduce the facility's certified capacity by the number of	16199
beds being converted if the notice specifies that some but not all	16200
of the beds are to be converted.	16201

(D) The director of health shall notify the director of job	16202
and family services of the termination or reduction under division	16203
(C) of this section. On receipt of the director of health's	16204
notice, the director of job and family services shall do the	16205
following:	16206

(1) Terminate the person's medicaid provider agreement that	16207
authorizes the person to provide ICF/MR services at the facility	16208
if the facility's certification was terminated;	16209

(2) Amend the person's medicaid provider agreement to reflect	16210
the facility's reduced certified capacity if the facility's	16211
certified capacity is reduced.	16212

The person is not entitled to notice or a hearing under	16213
Chapter 119. of the Revised Code before the director of job and	16214
family services terminates or amends the medicaid provider	16215
agreement.	16216

Sec. 5111.876. Subject to section 5111.877 of the Revised	16217
Code, the director of mental retardation and developmental	16218
disabilities may request that the director of job and family	16219
services seek the approval of the United States secretary of	16220
health and human services to increase the number of slots	16221
available for home and community-based services by a number not	16222
exceeding the number of beds that were part of the licensed	16223
capacity of a residential facility that had its license revoked or	16224
surrendered under section 5123.19 of the Revised Code if the	16225
residential facility was an intermediate care facility for the	16226
mentally retarded at the time of the license revocation or	16227
surrender. The revocation or surrender may have occurred before,	16228
or may occur on or after, the effective date of this section. The	16229
request may include beds the director removed from such a	16230
residential facility's licensed capacity before transferring	16231
ownership or operation of the residential facility pursuant to a	16232
request for proposals.	16233

Sec. 5111.877. The director of job and family services may	16234
seek approval from the United States secretary of health and human	16235
services for not more than a total of one hundred slots for home	16236
and community-based services for the purposes of sections	16237
5111.874, 5111.875, and 5111.876 of the Revised Code.	16238

Sec. 5111.878. No person or government entity may reconvert	16239
a bed to be used for ICF/MR services if the bed was converted to	16240
use for home and community-based services under section 5111.874	16241
or 5111.875 of the Revised Code. This prohibition applies	16242
regardless of either of the following:	16243

(A) The bed is part of the licensed capacity of a residential	16244
facility.	16245

(B) The bed has been sold, leased, or otherwise transferred	16246
to another person or government entity.	16247

Sec. 5111.879. The directors of job and family services and	16248
mental retardation and developmental disabilities may adopt rules	16249
in accordance with Chapter 119. of the Revised Code as necessary	16250
to implement sections 5111.874 to 5111.879 of the Revised Code.	16251

Sec. 5111.941. (A) The medicaid revenue and collections fund	16252
is hereby created in the state treasury. Except as otherwise	16253
provided by statute or as authorized by the controlling board, ~~the~~	16254
~~non-federal~~both of the following shall be credited to the fund:	16255

(1) The nonfederal share of all medicaid-related revenues,	16256
collections, and recoveries ~~shall be credited to the fund~~;	16257

(2) The monthly premiums charged under the children's buy-in	16258
program pursuant to section 5101.5213 of the Revised Code. ~~The~~	16259

(B) The department of job and family services shall use money	16260
credited to the medicaid revenue and collections fund to pay for	16261
medicaid services and contracts and the children's buy-in program	16262
established under sections 5101.5211 to 5101.5216 of the Revised	16263
Code.	16264

Sec. 5112.31. The department of job and family services	16265
shall do all of the following:	16266

(A) For the ~~purpose of providing home and community-based~~	16267
~~services for mentally retarded and developmentally disabled~~	16268
~~persons~~purposes specified in sections 5112.37 and 5112.371 of the	16269
Revised Code, annually assess each intermediate care facility for	16270
the mentally retarded a franchise permit fee equal to ~~nine~~twelve	16271
dollars and ~~sixty-three~~thirty-eight cents multiplied~~, except as~~	16272
~~adjusted under section 5112.311 of the Revised Code,~~ by the	16273
product of the following:	16274

(1) The number of beds certified under Title XIX of the	16275
"Social Security Act" on the first day of May of the calendar year	16276
in which the assessment is determined pursuant to division (A) of	16277
section 5112.33 of the Revised Code;	16278

(2) The number of days in the fiscal year beginning on the	16279
first day of July of the same calendar year.	16280

(B) Beginning July 1, ~~2007~~2009, and the first day of each	16281
July thereafter, adjust fees determined under division (A) of	16282
this section in accordance with the composite inflation factor	16283
established in rules adopted under section 5112.39 of the Revised	16284
Code.	16285

(C) If the United States secretary of health and human	16286
services determines that the franchise permit fee established by	16287
sections 5112.30 to 5112.39 of the Revised Code would be an	16288
impermissible health care-related tax under section 1903(w) of the	16289
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	16290
necessary actions to cease implementation of those sections in	16291
accordance with rules adopted under section 5112.39 of the Revised	16292
Code.	16293

Sec. 5112.37. ~~All~~There is hereby created in the state	16294
treasury the home and community-based services for the mentally	16295
retarded and developmentally disabled fund. Ninety-seven and nine	16296
tenths per cent of all installment payments and penalties paid by	16297
an intermediate care facility for the mentally retarded under	16298
sections 5112.33 and 5112.34 of the Revised Code shall be	16299
deposited into the ~~"home and community-based services for the~~	16300
~~mentally retarded and developmentally disabled~~ fund~~," which is~~	16301
~~hereby created in the state treasury~~. The department of job and	16302
family services shall distribute the money in the fund in	16303
accordance with rules adopted under section 5112.39 of the Revised	16304
Code. The departments of job and family services and mental	16305
retardation and developmental disabilities shall use the money for	16306
the ~~medical assistance~~medicaid program established under Chapter	16307
5111. of the Revised Code and home and community-based services to	16308
mentally retarded and developmentally disabled persons.	16309

Sec. 5112.371. There is hereby created in the state treasury	16310
the autism preschool program fund. All installment payments and	16311
penalties paid by an intermediate care facility for the mentally	16312
retarded under sections 5112.33 and 5112.34 of the Revised Code	16313
that are not deposited into the home and community-based services	16314
for the mentally retarded and developmentally disabled fund shall	16315
be deposited into the autism preschool program fund. The money in	16316
the fund shall be used for the autism preschool program	16317
established under section 3323.36 of the Revised Code.	16318

Sec. 5123.0412. (A) The department of mental retardation and	16319
developmental disabilities shall charge each county board of	16320
mental retardation and developmental disabilities an annual fee	16321
equal to one and one-half per cent of the total value of all	16322
medicaid paid claims for ~~medicaid case management services and~~	16323
home and community-based services provided during the year to an	16324
individual eligible for services from the county board. No county	16325
board shall pass the cost of a fee charged to the county board	16326
under this section on to another provider of these services.	16327

(B) The fees collected under this section shall be deposited	16328
into the ODMR/DD administration and oversight fund and the ODJFS	16329
administration and oversight fund, both of which are hereby	16330
created in the state treasury. The portion of the fees to be	16331
deposited into the ODMR/DD administration and oversight fund and	16332
the portion of the fees to be deposited into the ODJFS	16333
administration and oversight fund shall be the portion specified	16334
in an interagency agreement entered into under division (C) of	16335
this section. The department of mental retardation and	16336
developmental disabilities shall use the money in the ODMR/DD	16337
administration and oversight fund and the department of job and	16338
family services shall use the money in the ODJFS administration	16339
and oversight fund for both of the following purposes:	16340

(1) The administrative and oversight costs of medicaid case	16341
management services and home and community-based services. The	16342
administrative and oversight costs shall include costs for staff,	16343
systems, and other resources the departments need and dedicate	16344
solely to the following duties associated with the services:	16345

(a) Eligibility determinations;

16346

(b) Training;

16347

16348

(d) Claims processing;

16349

(e) Quality assurance oversight;

16350

(f) Other duties the departments identify.

16351

(2) Providing technical support to county boards' local	16352
administrative authority under section 5126.055 of the Revised	16353
Code for the services.	16354

(C) The departments of mental retardation and developmental	16355
disabilities and job and family services shall enter into an	16356
interagency agreement to do both of the following:	16357

(1) Specify which portion of the fees collected under this	16358
section is to be deposited into the ODMR/DD administration and	16359
oversight fund and which portion is to be deposited into the ODJFS	16360
administration and oversight fund;	16361

(2) Provide for the departments to coordinate the staff whose	16362
costs are paid for with money in the ODMR/DD administration and	16363
oversight fund and the ODJFS administration and oversight fund.	16364

(D) The departments shall submit an annual report to the	16365
director of budget and management certifying how the departments	16366
spent the money in the ODMR/DD administration and oversight fund	16367
and the ODJFS administration and oversight fund for the purposes	16368
specified in division (B) of this section.	16369

Sec. 5123.196. (A) Except as provided in division ~~(F)~~(E) of	16370
this section, the director of mental retardation and	16371
developmental disabilities shall not issue a license under	16372
section 5123.19 of the Revised Code on or after July 1, 2003, if	16373
issuance will result in there being more beds in all residential	16374
facilities licensed under that section than is permitted under	16375
division (B) of this section.	16376

(B) ~~Except as provided in division (D) of this section, the~~	16377
The maximum number of beds for the purpose of division (A) of	16378
this section shall not exceed ten thousand eight hundred	16379
thirty-eight minus, except as provided in division (C) of this	16380
section, both of the following:	16381

(1) The number of such beds that cease to be residential	16382
facility beds on or after July 1, 2003, because a residential	16383
facility license is revoked, terminated, or not renewed for any	16384
reason or is surrendered in accordance with section 5123.19 of the	16385
Revised Code ~~and after the issuance of an adjudication order~~	16386
~~pursuant to Chapter 119. of the Revised Code~~;	16387

(2) The number of such beds for which a licensee voluntarily	16388
converts to use for supported living on or after July 1, 2003.	16389

(C) The director is not required to reduce the maximum number	16390
of beds pursuant to division (B) of this section by a bed that	16391
ceases to be a residential facility bed if the director determines	16392
that the bed is needed to provide services to an individual with	16393
mental retardation or a developmental disability who resided in	16394
the residential facility in which the bed was located ~~unless the~~	16395
~~reason the bed ceases to be a residential facility bed is because~~	16396
~~it is converted to providing home and community-based services~~	16397
~~under the ICF/MR conversion pilot program that is authorized by a~~	16398
~~waiver sought under division (B)(1) of section 5111.88 of the~~	16399
~~Revised Code~~.	16400

(D) ~~The director shall increase the number of beds determined~~	16401
~~under division (B) of this section if necessary to enable the~~	16402
~~operator of a residential facility to do either of the following:~~	16403

~~(1) Obtain a residential facility license as required by~~	16404
~~section 5111.8814 of the Revised Code;~~	16405

~~(2) Reconvert beds to providing ICF/MR services under section~~	16406
~~5111.8811 of the Revised Code.~~	16407

~~(E)~~ The director shall maintain an up-to-date written record	16408
of the maximum number of residential facility beds provided for by	16409
division (B) of this section.	16410

~~(F)~~(E) The director may issue an interim license under	16411
division (S) of section 5123.19 of the Revised Code and issue,	16412
pursuant to rules adopted under division (H)(11) of that	16413
section, a waiver allowing a residential facility to admit more	16414
residents than the facility is licensed to admit regardless of	16415
whether the interim license or waiver will result in there being	16416
more beds in all residential facilities licensed under that	16417
section than is permitted under division (B) of this section.	16418

Sec. 5123.36. (A) To the extent funds are available and on	16419
application by a county board of mental retardation and	16420
developmental disabilities or private nonprofit agency	16421
incorporated to provide mental retardation or developmental	16422
disability services, the director of mental retardation and	16423
developmental disabilities may enter into an agreement with the	16424
county board or agency to assist the county board or agency with a	16425
mental retardation or developmental disability construction	16426
project. Except as provided by division (B) of this section, the	16427
director may provide up to ninety per cent of the total project	16428
cost where circumstances warrant. The director may, where	16429
circumstances warrant, use existing facilities or other in-kind	16430
match for the local share of the communities' share of the cost.	16431

(B) Upon the recommendation of the director, for projects of	16432
the highest priority of the department of mental retardation and	16433
developmental disabilities, the controlling board may authorize	16434
the director to provide more than ninety per cent of the total	16435
cost of a project under this section.	16436

(C) A county board is eligible for funds under this section	16437
for a project bid on or after January 1, 1992, under either	16438
section 153.07 or 307.86 of the Revised Code, as long as all other	16439
applicable requirements were followed.	16440

(D) A private nonprofit agency that receives funds pursuant	16441
to this section for the construction of a single-family home,	16442
including, where appropriate, the acquisition and installation of	16443
a single-family home fabricated in an off-site facility, is not	16444
subject to the requirements of Chapter 153. of the Revised Code	16445
with respect to the construction project, notwithstanding any	16446
provision of that chapter to the contrary.	16447

(E) The director may not assist a project under this section	16448
unless the controlling board or director of budget and management	16449
also approves the project pursuant to section 126.14 of the	16450
Revised Code.	16451

Sec. 5501.09. (A) There is hereby created within the	16452
division of multi-modal planning and programs the office of	16453
maritime transportation. The director of transportation shall	16454
assign to the office such duties, powers, and functions relating	16455
to state maritime transportation issues and activities as the	16456
director determines.	16457

(B) In addition to those duties, powers, and functions the	16458
director assigns to it, the office of maritime transportation	16459
shall exercise and perform such other duties, powers, and	16460
functions as are assigned to it by law.	16461

Sec. 5502.68. (A) There is hereby created in the state	16462
treasury the drug law enforcement fund. Three dollars out of each	16463
ten-dollar court cost imposed pursuant to section 2949.094 of the	16464
Revised Code shall be credited to the fund. Money in the fund	16465
shall be in an interest-bearing account, and all interest earned	16466
shall be credited to the fund. Money in the fund shall be used	16467
only in accordance with this section to award grants to counties,	16468
municipal corporations, townships, township police districts, and	16469
joint township police districts to defray the expenses that a drug	16470
task force organized in the county, or in the county in which the	16471
municipal corporation, township, or district is located, incurs in	16472
performing its functions related to the enforcement of the state's	16473
drug laws and other state laws related to illegal drug activity.	16474

The division of criminal justice services shall administer	16475
all money deposited into the drug law enforcement fund and, by	16476
rule adopted under Chapter 119. of the Revised Code, shall	16477
establish procedures for a county, municipal corporation,	16478
township, township police district, or joint township police	16479
district to apply for money from the fund to defray the expenses	16480
that a drug task force organized in the county, or in the county	16481
in which the municipal corporation, township, or district is	16482
located, incurs in performing its functions related to the	16483
enforcement of the state's drug laws and other state laws related	16484
to illegal drug activity, procedures and criteria for determining	16485
eligibility of applicants to be provided money from the fund, and	16486
procedures and criteria for determining the amount of money to be	16487
provided out of the fund to eligible applicants.	16488

The procedures and criteria for determining eligibility of	16489
applicants to be provided money from the fund and for determining	16490
the amount of money to be provided out of the fund to eligible	16491
applicants shall include, but not be limited to, all of the	16492
following:	16493

(1) Provisions requiring that, in order to be eligible to be	16494
provided money from the fund, a drug task force that applies for	16495
money from the fund must provide evidence that the drug task force	16496
will receive a local funding match of at least twenty-five per	16497
cent of the task force's projected operating costs in the period	16498
of time covered by the grant;	16499

(2) Provisions requiring that money from the fund be	16500
allocated and provided to drug task forces that apply for money	16501
from the fund in accordance with the following priorities:	16502

(a) Drug task forces that apply, that are in existence on the	16503
date of the application, and that are determined to be eligible	16504
applicants shall be given first priority to be provided money from	16505
the fund, in an amount that does not exceed their current nonlocal	16506
funding level.	16507

(b) If any moneys remain in the fund after all drug task	16508
forces that apply, that are in existence on the date of the	16509
application, and that are determined to be eligible applicants are	16510
provided money from the fund to the extent described in division	16511
(A)(2)(a) of this section, the following categories of drug task	16512
forces that apply and that are determined to be eligible	16513
applicants shall be given priority to be provided money from the	16514
fund in the order in which they apply for money from the fund:	16515

(i) Drug task forces that are not in existence on the date of	16516
the application;	16517

(ii) Drug task forces that are in existence on the date of	16518
the application, regarding any amount requested in their	16519
application that is in excess of their current nonlocal funding	16520
level.	16521

(B) As used in this section:

16522

(1) "Current nonlocal funding level" for a drug task force	16523
means the level of funding that exists on the effective date of	16524
this section for operating costs of the drug task force, minus the	16525
local funding match that the drug task force will receive as	16526
determined from evidence it provides as described in division	16527
(A)(1) of this section.	16528

(2) "Drug task force" means a drug task force organized in	16529
any county by the sheriff of the county, the prosecuting attorney	16530
of the county, the chief of police of the organized police	16531
department of any municipal corporation or township in the	16532
county, and the chief of police of the police force of any	16533
township police district or joint township police district in the	16534
county to perform functions related to the enforcement of state	16535
drug laws and other state laws related to illegal drug activity.	16536

Sec. 5525.01. Before entering into a contract the director	16537
of transportation shall advertise for bids for two consecutive	16538
weeks in one newspaper of general circulation published in the	16539
county in which the improvement or part thereof is located, but if	16540
there is no such newspaper then in one newspaper having general	16541
circulation in an adjacent county. The director may advertise for	16542
bids in such other publications as the director considers	16543
advisable. Such notices shall state that plans and specifications	16544
for the improvement are on file in the office of the director and	16545
the district deputy director of the district in which the	16546
improvement or part thereof is located and the time within which	16547
bids therefor will be received.	16548

Each bidder shall be required to file with the bidder's bid a	16549
bid guaranty in the form of a certified check or, a cashier's	16550
check, or an electronic funds transfer to the treasurer of state	16551
that is evidenced by a receipt or by a certification to the	16552
director of transportation in a form prescribed by the director	16553
that an electronic funds transfer has been made to the treasurer	16554
of state, for an amount equal to five per cent of the bidder's	16555
bid, but in no event more than fifty thousand dollars, or a bid	16556
bond for ten per cent of the bidder's bid, payable to the	16557
director, which check, transferred sum, or bond shall be forthwith	16558
returned to the bidder in case the contract is awarded to another	16559
bidder, or, in case of a successful bidder, when the bidder has	16560
entered into a contract and furnished the bonds required by	16561
section 5525.16 of the Revised Code. In the event the contract is	16562
awarded to a bidder, and the bidder fails or refuses to furnish	16563
the bonds as required by section 5525.16 of the Revised Code, the	16564
check, transferred sum, or bid bond filed with the bidder's bid	16565
shall be forfeited as liquidated damages. No bidder shall be	16566
required either to file a signed contract with the bidder's bid,	16567
to enter into a contract, or to furnish the contract performance	16568
bond and the payment bond required by that section until the bids	16569
have been opened and the bidder has been notified by the director	16570
that the bidder is awarded the contract.	16571

The director shall permit a bidder to withdraw the bidder's	16572
bid from consideration, without forfeiture of the ~~certified~~ check,	16573
transferred sum, or bid bond filed with the bid, providing a	16574
written request together with a sworn statement of the grounds for	16575
such withdrawal is delivered within forty-eight hours after the	16576
time established for the receipt of bids, and if the price bid was	16577
substantially lower than the other bids, providing the bid was	16578
submitted in good faith, and the reason for the price bid being	16579
substantially lower was a clerical mistake evident on the face of	16580
the bid, as opposed to a judgment mistake, and was actually due to	16581
an unintentional and substantial arithmetic error or an	16582
unintentional omission of a substantial quantity of work, labor,	16583
or material made directly in the compilation of the bid. In the	16584
event the director decides the conditions for withdrawal have not	16585
been met, the director may award the contract to such bidder. If	16586
such bidder does not then enter into a contract and furnish the	16587
contract bond as required by law, the director may declare	16588
forfeited the ~~certified~~ check, transferred sum, or bid bond as	16589
liquidated damages and award the contract to the next higher	16590
bidder or reject the remaining bids and readvertise the project	16591
for bids. Such bidder may, within thirty days, appeal the decision	16592
of the director to the court of common pleas of Franklin county	16593
and the court may affirm or reverse the decision of the director	16594
and may order the director to refund the amount of the forfeiture.	16595
At the hearing before the common pleas court evidence may be	16596
introduced for and against the decision of the director. The	16597
decision of the common pleas court may be appealed as in other	16598
cases.	16599

There is hereby created the ODOT letting fund, which shall be	16600
in the custody of the treasurer of state but shall not be part of	16601
the state treasury. All certified checks and cashiers' checks	16602
received with bidders' bids, and all sums transferred to the	16603
treasurer of state by electronic funds transfer in connection with	16604
bidders' bids, under this section shall be credited to the fund.	16605
All such bid guaranties shall be held in the fund until a	16606
determination is made as to the final disposition of the money. If	16607
the department determines that any such bid guaranty is no longer	16608
required to be held, the amount of the bid guaranty shall be	16609
returned to the appropriate bidder. If the department determines	16610
that a bid guaranty under this section shall be forfeited, the	16611
amount of the bid guaranty shall be transferred or, in the case of	16612
money paid on a forfeited bond, deposited into the state treasury,	16613
to the credit of the highway operating fund. Any investment	16614
earnings of the ODOT letting fund shall be distributed as the	16615
treasurer of state considers appropriate.	16616

The director shall require all bidders to furnish the	16617
director, upon such forms as the director may prescribe, detailed	16618
information with respect to all pending work of the bidder,	16619
whether with the department of transportation or otherwise,	16620
together with such other information as the director considers	16621
necessary.	16622

In the event a bidder fails to submit anything required to be	16623
submitted with the bid and then fails or refuses to so submit such	16624
at the request of the director, the failure or refusal constitutes	16625
grounds for the director, in the director's discretion, to declare	16626
as forfeited the bid guaranty submitted with the bid.	16627

The director may reject any or all bids. Except in regard to	16628
contracts for environmental remediation and specialty work for	16629
which there are no classes of work set out in the rules adopted by	16630
the director, if the director awards the contract, the director	16631
shall award it to the lowest competent and responsible bidder as	16632
defined by rules adopted by the director under section 5525.05 of	16633
the Revised Code, who is qualified to bid under sections 5525.02	16634
to 5525.09 of the Revised Code. In regard to contracts for	16635
environmental remediation and specialty work for which there are	16636
no classes of work set out in the rules adopted by the director,	16637
the director shall competitively bid the projects in accordance	16638
with this chapter and shall award the contracts to the lowest and	16639
best bidder.	16640

The award for all projects competitively let by the director	16641
under this section shall be made within ten days after the date on	16642
which the bids are opened, and the successful bidder shall enter	16643
into a contract and furnish a contract performance bond and a	16644
payment bond, as provided for in section 5525.16 of the Revised	16645
Code, within ten days after the bidder is notified that the bidder	16646
has been awarded the contract.	16647

The director may insert in any contract awarded under this	16648
chapter a clause providing for value engineering change proposals,	16649
under which a contractor who has been awarded a contract may	16650
propose a change in the plans and specifications of the project	16651
that saves the department time or money on the project without	16652
impairing any of the essential functions and characteristics of	16653
the project such as service life, reliability, economy of	16654
operation, ease of maintenance, safety, and necessary standardized	16655
features. If the director adopts the value engineering proposal,	16656
the savings from the proposal shall be divided between the	16657
department and the contractor according to guidelines established	16658
by the director, provided that the contractor shall receive at	16659
least fifty per cent of the savings from the proposal. The	16660
adoption of a value engineering proposal does not invalidate the	16661
award of the contract or require the director to rebid the	16662
project.	16663

Sec. 5703.19. (A) To carry out the purposes of the laws that	16664
the tax commissioner is required to administer, the commissioner	16665
or any person employed by the commissioner for that purpose, upon	16666
demand, may inspect books, accounts, records, and memoranda of any	16667
person or public utility subject to those laws, and may examine	16668
under oath any officer, agent, or employee of that person or	16669
public utility. Any person other than the commissioner who makes a	16670
demand pursuant to this section shall produce the person's	16671
authority to make the inspection.	16672

(B) If a person or public utility receives at least ten days'	16673
written notice of a demand made under division (A) of this section	16674
and refuses to comply with that demand, a penalty of five hundred	16675
dollars shall be imposed upon the person or public utility for	16676
each day the person or public utility refuses to comply with the	16677
demand. Penalties imposed under this division may be assessed and	16678
collected in the same manner as assessments made under Chapter	16679
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	16680
5747., 5749., or ~~5753.~~5751., or sections 3734.90 to 3734.9014, of	16681
the Revised Code.	16682

Sec. 5703.21. (A) Except as provided in divisions (B) and	16683
(C) of this section, no agent of the department of taxation,	16684
except in the agent's report to the department or when called on	16685
to testify in any court or proceeding, shall divulge any	16686
information acquired by the agent as to the transactions,	16687
property, or business of any person while acting or claiming to	16688
act under orders of the department. Whoever violates this	16689
provision shall thereafter be disqualified from acting as an	16690
officer or employee or in any other capacity under appointment or	16691
employment of the department.	16692

(B)(1) For purposes of an audit pursuant to section 117.15 of	16693
the Revised Code, or an audit of the department pursuant to	16694
Chapter 117. of the Revised Code, or an audit, pursuant to that	16695
chapter, the objective of which is to express an opinion on a	16696
financial report or statement prepared or issued pursuant to	16697
division (A)(7) or (9) of section 126.21 of the Revised Code, the	16698
officers and employees of the auditor of state charged with	16699
conducting the audit shall have access to and the right to examine	16700
any state tax returns and state tax return information in the	16701
possession of the department to the extent that the access and	16702
examination are necessary for purposes of the audit. Any	16703
information acquired as the result of that access and examination	16704
shall not be divulged for any purpose other than as required for	16705
the audit or unless the officers and employees are required to	16706
testify in a court or proceeding under compulsion of legal	16707
process. Whoever violates this provision shall thereafter be	16708
disqualified from acting as an officer or employee or in any other	16709
capacity under appointment or employment of the auditor of state.	16710

(2) For purposes of an internal audit pursuant to section	16711
126.45 of the Revised Code, the officers and employees of the	16712
office of internal auditing in the office of budget and management	16713
charged with conducting the internal audit shall have access to	16714
and the right to examine any state tax returns and state tax	16715
return information in the possession of the department to the	16716
extent that the access and examination are necessary for purposes	16717
of the internal audit. Any information acquired as the result of	16718
that access and examination shall not be divulged for any purpose	16719
other than as required for the internal audit or unless the	16720
officers and employees are required to testify in a court or	16721
proceeding under compulsion of legal process. Whoever violates	16722
this provision shall thereafter be disqualified from acting as an	16723
officer or employee or in any other capacity under appointment or	16724
employment of the office of internal auditing.	16725

(3) As provided by section 6103(d)(2) of the Internal Revenue	16726
Code, any federal tax returns or federal tax information that the	16727
department has acquired from the internal revenue service, through	16728
federal and state statutory authority, may be disclosed to the	16729
auditor of state or the office of internal auditing solely for	16730
purposes of an audit of the department.	16731

(C) Division (A) of this section does not prohibit any of the	16732
following:	16733

(1) Divulging information contained in applications,	16734
complaints, and related documents filed with the department under	16735
section 5715.27 of the Revised Code or in applications filed with	16736
the department under section 5715.39 of the Revised Code;	16737

(2) Providing information to the office of child support	16738
within the department of job and family services pursuant to	16739
section 3125.43 of the Revised Code;	16740

(3) Disclosing to the board of motor vehicle collision repair	16741
registration any information in the possession of the department	16742
that is necessary for the board to verify the existence of an	16743
applicant's valid vendor's license and current state tax	16744
identification number under section 4775.07 of the Revised Code;	16745

(4) Providing information to the administrator of workers'	16746
compensation pursuant to sections 4123.271 and 4123.591 of the	16747
Revised Code;	16748

(5) Providing to the attorney general information the	16749
department obtains under division (J) of section 1346.01 of the	16750
Revised Code;	16751

(6) Permitting properly authorized officers, employees, or	16752
agents of a municipal corporation from inspecting reports or	16753
information pursuant to rules adopted under section 5745.16 of the	16754
Revised Code;	16755

(7) Providing information regarding the name, account number,	16756
or business address of a holder of a vendor's license issued	16757
pursuant to section 5739.17 of the Revised Code, a holder of a	16758
direct payment permit issued pursuant to section 5739.031 of the	16759
Revised Code, or a seller having a use tax account maintained	16760
pursuant to section 5741.17 of the Revised Code, or information	16761
regarding the active or inactive status of a vendor's license,	16762
direct payment permit, or seller's use tax account;	16763

(8) Releasing invoices or invoice information furnished under	16764
section 4301.433 of the Revised Code pursuant to that section;	16765

(9) Providing to a county auditor notices or documents	16766
concerning or affecting the taxable value of property in the	16767
county auditor's county. Unless authorized by law to disclose	16768
documents so provided, the county auditor shall not disclose such	16769
documents;	16770

(10) Providing to a county auditor sales or use tax return or	16771
audit information under section 333.06 of the Revised Code;	16772

(11) Subject to section 4301.441 of the Revised Code,	16773
disclosing to the appropriate state agency information in the	16774
possession of the department of taxation that is necessary to	16775
verify a permit holder's total gallonage or noncompliance with	16776
taxes levied under Chapter 4301. or 4305. of the Revised Code;	16777

(12) Disclosing to the department of natural resources	16778
information in the possession of the department that is necessary	16779
to verify the taxpayer's compliance with division (A)(1), (8), or	16780
(9) of section 5749.02 of the Revised Code.	16781

Sec. 5703.57. (A) As used in this section, "Ohio business	16782
gateway" has the same meaning as in section 718.051 of the Revised	16783
Code.	16784

(B) There is hereby created the Ohio business gateway	16785
steering committee to direct the continuing development of the	16786
Ohio business gateway and to oversee its operations. The committee	16787
shall provide general oversight regarding operation of the Ohio	16788
business gateway and shall recommend to the department of	16789
administrative services enhancements that will improve the Ohio	16790
business gateway. The committee shall consider all banking,	16791
technological, administrative, and other issues associated with	16792
the Ohio business gateway and shall make recommendations regarding	16793
the type of reporting forms or other tax documents to be filed	16794
through the Ohio business gateway.	16795

16796

(1) The following members, appointed by the governor with the	16797
advice and consent of the senate:	16798

(a) Not more than two representatives of the business	16799
community;	16800

(b) Not more than three representatives of municipal tax	16801
administrators; and	16802

16803

(2) The following ex officio members:

16804

(a) The director or other highest officer of each state	16805
agency that has tax reporting forms or other tax documents filed	16806
with it through the Ohio business gateway or the director's	16807
designee;	16808

(b) The secretary of state or the secretary of state's	16809
designee;	16810

(c) The treasurer of state or the treasurer of state's	16811
designee;	16812

(d) The director of budget and management or the director's	16813
designee;	16814

(e) The ~~director of the office of information technology~~	16815
state chief information officer or the ~~director's~~officer's	16816
designee; ~~and~~	16817

(f) The tax commissioner or the tax commissioner's designee;	16818
and	16819

(g) The director of development or the director's designee.

16820

An appointed member shall serve until the member resigns or	16821
is removed by the governor. Vacancies shall be filled in the same	16822
manner as original appointments.	16823

(D) A vacancy on the committee does not impair the right of	16824
the other members to exercise all the functions of the committee.	16825
The presence of a majority of the members of the committee	16826
constitutes a quorum for the conduct of business of the committee.	16827
The concurrence of at least a majority of the members of the	16828
committee is necessary for any action to be taken by the	16829
committee. On request, each member of the committee shall be	16830
reimbursed for the actual and necessary expenses incurred in the	16831
discharge of the member's duties.	16832

(E) The committee is a part of the department of taxation for	16833
administrative purposes.	16834

(F) Each year, the governor shall select a member of the	16835
committee to serve as chairperson. The chairperson shall appoint	16836
an official or employee of the department of taxation to act as	16837
the committee's secretary. The secretary shall keep minutes of the	16838
committee's meetings and a journal of all meetings, proceedings,	16839
findings, and determinations of the committee.	16840

(G) The committee shall hire professional, technical, and	16841
clerical staff needed to support its activities.	16842

(H) The committee shall meet as often as necessary to perform	16843
its duties.	16844

Sec. 5703.82. (A) Not later than April 1, 2009, the	16845
department of taxation shall acquire the necessary hardware,	16846
software, and services to establish and implement a tax discovery	16847
data system to increase the efficiency of tax collections in the	16848
state. The system must be fully integrated and pre-staged for	16849
the purposes of assisting in revenue analysis, discovering	16850
noncompliant taxpayers, and collecting taxes from those	16851
taxpayers. The system shall consolidate tax data from various	16852
mainframe systems and operate as a single tax discovery data	16853
system. The department shall contract, pursuant to a competitive	16854
bidding process, for the necessary hardware, software, and	16855
services to implement the tax discovery data system.	16856

(B) There is hereby created in the state treasury the	16857
discovery project fund. All money to the credit of the fund shall	16858
be used to pay the costs of implementing and operating the tax	16859
discovery data system and to defray the costs incurred by the	16860
department of taxation in administering the system.	16861

(C) Beginning July 1, 2009, on or before the first day of	16862
January, April, July, and October of each calendar year, the tax	16863
commissioner shall determine and certify to the director of budget	16864
and management the amount needed to pay the costs of operating the	16865
tax discovery data system in the previous calendar quarter and the	16866
costs incurred in the previous calendar quarter by the department	16867
of taxation in administering the system. The director shall	16868
provide for payment from the general revenue fund to the discovery	16869
project fund of the amount so certified.	16870

Sec. 5705.194. The board of education of any city, local,	16871
exempted village, cooperative education, or joint vocational	16872
school district at any time may declare by resolution that the	16873
revenue that will be raised by all tax levies which the district	16874
is authorized to impose, when combined with state and federal	16875
revenues, will be insufficient to provide for the emergency	16876
requirements of the school district or to avoid an operating	16877
deficit, and that it is therefore necessary to levy an additional	16878
tax in excess of the ten-mill limitation. The resolution shall be	16879
confined to a single purpose and shall specify that purpose. If	16880
the levy is proposed to renew all or a portion of the proceeds	16881
derived from one or more existing levies imposed pursuant to this	16882
section, it shall be called a renewal levy and shall be so	16883
designated on the ballot. If two or more existing levies are to be	16884
included in a single renewal levy but are not scheduled to expire	16885
in the same year, the resolution shall specify that the existing	16886
levies to be renewed shall not be levied after the year preceding	16887
the year in which the renewal levy is first imposed.	16888
Notwithstanding the original purpose of any one or more existing	16889
levies that are to be in any single renewal levy, the purpose of	16890
the renewal levy may be either to avoid an operating deficit or to	16891
provide for the emergency requirements of the school district. The	16892
resolution shall further specify the amount of money it is	16893
necessary to raise for the specified purpose for each calendar	16894
year the millage is to be imposed; if a renewal levy, whether the	16895
levy is to renew all, or a portion of, the proceeds derived from	16896
one or more existing levies; and the number of years in which the	16897
millage is to be in effect, which may include a levy upon the	16898
current year's tax list. The number of years may be any number	16899
not exceeding ~~five~~ten.	16900

The question shall be submitted at a special election on a	16901
date specified in the resolution. The date shall not be earlier	16902
than eighty days after the adoption and certification of the	16903
resolution to the county auditor and shall be consistent with the	16904
requirements of section 3501.01 of the Revised Code. A resolution	16905
for a renewal levy shall not be placed on the ballot unless the	16906
question is submitted on a date on which a special election may be	16907
held under division (D) of section 3501.01 of the Revised Code,	16908
except for the first Tuesday after the first Monday in February	16909
and August, during the last year the levy to be renewed may be	16910
extended on the real and public utility property tax list and	16911
duplicate, or at any election held in the ensuing year, except	16912
that if the resolution proposes renewing two or more existing	16913
levies, the question shall be submitted on the date of the general	16914
or primary election held during the last year at least one of the	16915
levies to be renewed may be extended on that list and duplicate,	16916
or at any election held during the ensuing year. For purposes of	16917
this section, a levy shall be considered to be an "existing levy"	16918
through the year following the last year it can be placed on the	16919
real and public utility property tax list and duplicate.	16920

The submission of questions to the electors under this	16921
section is subject to the limitation on the number of election	16922
dates established by section 5705.214 of the Revised Code.	16923

The resolution shall go into immediate effect upon its	16924
passage, and no publication of the resolution shall be necessary	16925
other than that provided for in the notice of election. A copy of	16926
the resolution shall immediately after its passing be certified to	16927
the county auditor of the proper county. Section 5705.195 of the	16928
Revised Code shall govern the arrangements for the submission of	16929
questions to the electors under this section and other matters	16930
concerning the election. Publication of notice of the election	16931
shall be made in one or more newspapers of general circulation in	16932
the county once a week for two consecutive weeks prior to the	16933
election, and, if the board of elections operates and maintains a	16934
web site, the board of elections shall post notice of the election	16935
on its web site for thirty days prior to the election. If a	16936
majority of the electors voting on the question submitted in an	16937
election vote in favor of the levy, the board of education of the	16938
school district may make the additional levy necessary to raise	16939
the amount specified in the resolution for the purpose stated in	16940
the resolution. The tax levy shall be included in the next tax	16941
budget that is certified to the county budget commission.	16942

After the approval of the levy and prior to the time when the	16943
first tax collection from the levy can be made, the board of	16944
education may anticipate a fraction of the proceeds of the levy	16945
and issue anticipation notes in an amount not exceeding the total	16946
estimated proceeds of the levy to be collected during the first	16947
year of the levy.	16948

The notes shall be issued as provided in section 133.24 of	16949
the Revised Code, shall have principal payments during each year	16950
after the year of their issuance over a period not to exceed five	16951
years, and may have principal payment in the year of their	16952
issuance.	16953

Sec. 5705.199. (A) At any time the board of education of a	16954
city, local, exempted village, cooperative education, or joint	16955
vocational school district, by a vote of two-thirds of all its	16956
members, may declare by resolution that the revenue that will be	16957
raised by all tax levies that the district is authorized to	16958
impose, when combined with state and federal revenues, will be	16959
insufficient to provide for the necessary requirements of the	16960
school district, and that it is therefore necessary to levy a tax	16961
in excess of the ten-mill limitation for the purpose of providing	16962
for the necessary requirements of the school district. Such a	16963
levy shall be proposed as a substitute for all or a portion of one	16964
or more existing levies imposed under sections 5705.194 to	16965
5705.197 of the Revised Code or under this section, by levying a	16966
tax as follows:	16967

(1) In the initial year the levy is in effect, the levy shall	16968
be in a specified amount of money equal to the aggregate annual	16969
dollar amount of proceeds derived from the levy or levies, or	16970
portion thereof, being substituted.	16971

(2) In each subsequent year the levy is in effect, the levy	16972
shall be in a specified amount of money equal to the sum of the	16973
following:	16974

(a) The dollar amount of the proceeds derived from the levy	16975
in the prior year; and	16976

(b) The dollar amount equal to the product of the total	16977
taxable value of all taxable property in the school district in	16978
the then-current year, excluding carryover property as defined in	16979
section 319.301 of the Revised Code, multiplied by the annual	16980
levy, expressed in mills for each one dollar of valuation, that	16981
was required to produce the annual dollar amount of the levy under	16982
this section in the prior year; provided, that the amount under	16983
division (A)(2)(b) of this section shall not be less than zero.	16984

(B) The resolution proposing the substitute levy shall	16985
specify the annual dollar amount the levy is to produce in its	16986
initial year; the first calendar year in which the levy will be	16987
due; and the term of the levy expressed in years, which may be	16988
any number not exceeding ten, or for a continuing period of	16989
time. The resolution shall specify the date of holding the	16990
election, which shall not be earlier than seventy-five days	16991
after certification of the resolution to the board of elections,	16992
and which shall be consistent with the requirements of section	16993
3501.01 of the Revised Code. If two or more existing levies are	16994
to be included in a single substitute levy, but are not	16995
scheduled to expire in the same year, the resolution shall	16996
specify that the existing levies to be substituted shall not be	16997
levied after the year preceding the year in which the substitute	16998
levy is first imposed.	16999

The resolution shall go into immediate effect upon its	17000
passage, and no publication of the resolution shall be necessary	17001
other than that provided for in the notice of election. A copy of	17002
the resolution shall immediately after its passage be certified to	17003
the county auditor in the manner provided by section 5705.195 of	17004
the Revised Code, and sections 5705.194 and 5705.196 of the	17005
Revised Code shall govern the arrangements for the submission of	17006
the question and other matters concerning the notice of election	17007
and the election, except as may be provided otherwise in this	17008
section.	17009

(C) The form of the ballot to be used at the election on the	17010
question of a levy under this section shall be as follows:	17011

"Shall a tax levy substituting for an existing levy be	17012
imposed by the .......... (here insert name of school district)	17013
for the purpose of providing for the necessary requirements of	17014
the school district in the initial sum of .......... (here insert	17015
the annual dollar amount the levy is to produce in its initial	17016
year), and a levy of taxes be made outside of the ten-mill	17017
limitation estimated by the county auditor to require ..........	17018
(here insert number of mills) mills for each one dollar of	17019
valuation, which amounts to .......... (here insert rate	17020
expressed in dollars and cents) for each one hundred dollars of	17021
valuation for the initial year of the tax, for a period of	17022
.......... (here insert the number of years the levy is to be	17023
imposed, or that it will be levied for a continuing period of	17024
time), commencing in .......... (first year the tax is to be	17025
levied), first due in calendar year .......... (first calendar	17026
year in which the tax shall be due), with the sum of such tax to	17027
increase only if and as new land or real property improvements	17028
not previously taxed by the school district are added to its tax	17029
list?	17030

17031

		FOR THE TAX LEVY			17032
		AGAINST THE TAX LEVY	"		17033

17034

If the levy submitted is a proposal to substitute all or a	17035
portion of more than one existing levy, the form of the ballot may	17036
be changed so long as the ballot reflects the number of levies to	17037
be substituted and that none of the existing levies to be	17038
substituted will be levied after the year preceding the year in	17039
which the substitute levy is first imposed. The form of the	17040
ballot shall be modified by substituting the statement "Shall a	17041
tax levy substituting for an existing levy" with "Shall a tax levy	17042
substituting for existing levies" and adding the following	17043
statement after "added to its tax list?" and before "For the Tax	17044
Levy":	17045

"If approved, any remaining tax years on any of the	17046
.......... (here insert the number of existing levies) existing	17047
levies will not be collected after .......... (here insert the	17048
current tax year or, if not the current tax year, the applicable	17049
tax year)."	17050

(D) The submission of questions to the electors under this	17051
section is subject to the limitation on the number of election	17052
dates established by section 5705.214 of the Revised Code.	17053

(E) If a majority of the electors voting on the question so	17054
submitted in an election vote in favor of the levy, the board of	17055
education may make the necessary levy within the school district	17056
at the rate and for the purpose stated in the resolution. The tax	17057
levy shall be included in the next tax budget that is certified to	17058
the county budget commission.	17059

(F) A levy for a continuing period of time may be decreased	17060
pursuant to section 5705.261 of the Revised Code.	17061

(G) A levy under this section substituting for all or a	17062
portion of one or more existing levies imposed under sections	17063
5705.194 to 5705.197 of the Revised Code or under this section	17064
shall be treated as having renewed the levy or levies being	17065
substituted for purposes of the payments made under sections	17066
5751.20 to 5751.22 of the Revised Code.	17067

(H) After the approval of a levy on the current tax list and	17068
duplicate, and prior to the time when the first tax collection	17069
from the levy can be made, the board of education may anticipate	17070
a fraction of the proceeds of the levy and issue anticipation	17071
notes in a principal amount not exceeding fifty per cent of the	17072
total estimated proceeds of the levy to be collected during the	17073
first year of the levy. The notes shall be issued as provided in	17074
section 133.24 of the Revised Code, shall have principal	17075
payments during each year after the year of their issuance over	17076
a period not to exceed five years, and may have a principal	17077
payment in the year of their issuance.	17078

Sec. 5705.214. Not more than three elections during any	17079
calendar year shall include the questions by a school district of	17080
tax levies proposed under any one or any combination of the	17081
following sections: sections 5705.194, 5705.199, 5705.21,	17082
5705.212, 5705.213, 5705.217, and 5705.218 of the Revised Code.	17083

Sec. 5705.29. This section does not apply to a subdivision or	17084
taxing unit for which the county budget commission has waived the	17085
requirement to adopt a tax budget pursuant to section 5705.281 of	17086
the Revised Code. The tax budget shall present the following	17087
information in such detail as is prescribed by the auditor of	17088
state:	17089

(A)(1) A statement of the necessary current operating	17090
expenses for the ensuing fiscal year for each department and	17091
division of the subdivision, classified as to personal services	17092
and other expenses, and the fund from which such expenditures are	17093
to be made. Except in the case of a school district, this estimate	17094
may include a contingent expense not designated for any particular	17095
purpose, and not to exceed three per cent of the total amount of	17096
appropriations for current expenses. In the case of a school	17097
district, this estimate may include a contingent expense not	17098
designated for any particular purpose and not to exceed thirteen	17099
per cent of the total amount of appropriations for current	17100
expenses.	17101

(2) A statement of the expenditures for the ensuing fiscal	17102
year necessary for permanent improvements, exclusive of any	17103
expense to be paid from bond issues, classified as to the	17104
improvements contemplated by the subdivision and the fund from	17105
which such expenditures are to be made;	17106

(3) The amounts required for the payment of final judgments;

17107

(4) A statement of expenditures for the ensuing fiscal year	17108
necessary for any purpose for which a special levy is authorized,	17109
and the fund from which such expenditures are to be made;	17110

(5) Comparative statements, so far as possible, in parallel	17111
columns of corresponding items of expenditures for the current	17112
fiscal year and the two preceding fiscal years.	17113

(B)(1) An estimate of receipts from other sources than the	17114
general property tax during the ensuing fiscal year, which shall	17115
include an estimate of unencumbered balances at the end of the	17116
current fiscal year, and the funds to which such estimated	17117
receipts are credited;	17118

(2) The amount each fund requires from the general property	17119
tax, which shall be the difference between the contemplated	17120
expenditure from the fund and the estimated receipts, as provided	17121
in this section. The section of the Revised Code under which the	17122
tax is authorized shall be set forth.	17123

(3) Comparative statements, so far as possible, in parallel	17124
columns of taxes and other revenues for the current fiscal year	17125
and the two preceding fiscal years.	17126

(C)(1) The amount required for debt charges;

17127

(2) The estimated receipts from sources other than the tax	17128
levy for payment of such debt charges, including the proceeds of	17129
refunding bonds to be issued to refund bonds maturing in the next	17130
succeeding fiscal year;	17131

(3) The net amount for which a tax levy shall be made,	17132
classified as to bonds authorized and issued prior to January 1,	17133
1922, and those authorized and issued subsequent to such date, and	17134
as to what portion of the levy will be within and what in excess	17135
of the ten-mill limitation.	17136

(D) An estimate of amounts from taxes authorized to be levied	17137
in excess of the ten-mill limitation on the tax rate, and the fund	17138
to which such amounts will be credited, together with the sections	17139
of the Revised Code under which each such tax is exempted from all	17140
limitations on the tax rate.	17141

(E)(1) A board of education may include in its budget for the	17142
fiscal year in which a levy proposed under section 5705.194,	17143
5705.199, 5705.21, or 5705.213, or the original levy under section	17144
5705.212 of the Revised Code is first extended on the tax list and	17145
duplicate an estimate of expenditures to be known as a voluntary	17146
contingency reserve balance, which shall not be greater than	17147
twenty-five per cent of the total amount of the levy estimated to	17148
be available for appropriation in such year.	17149

(2) A board of education may include in its budget for the	17150
fiscal year following the year in which a levy proposed under	17151
section 5705.194, 5705.199, 5705.21, or 5705.213, or the original	17152
levy under section 5705.212 of the Revised Code is first extended	17153
on the tax list and duplicate an estimate of expenditures to be	17154
known as a voluntary contingency reserve balance, which shall not	17155
be greater than twenty per cent of the amount of the levy	17156
estimated to be available for appropriation in such year.	17157

(3) Except as provided in division (E)(4) of this section,	17158
the full amount of any reserve balance the board includes in its	17159
budget shall be retained by the county auditor and county	17160
treasurer out of the first semiannual settlement of taxes until	17161
the beginning of the next succeeding fiscal year, and thereupon,	17162
with the depository interest apportioned thereto, it shall be	17163
turned over to the board of education, to be used for the purposes	17164
of such fiscal year.	17165

(4) A board of education, by a two-thirds vote of all members	17166
of the board, may appropriate any amount withheld as a voluntary	17167
contingency reserve balance during the fiscal year for any lawful	17168
purpose, provided that prior to such appropriation the board of	17169
education has authorized the expenditure of all amounts	17170
appropriated for contingencies under section 5705.40 of the	17171
Revised Code. Upon request by the board of education, the county	17172
auditor shall draw a warrant on the district's account in the	17173
county treasury payable to the district in the amount requested.	17174

(F)(1) A board of education may include a spending reserve in	17175
its budget for fiscal years ending on or before June 30, 2002. The	17176
spending reserve shall consist of an estimate of expenditures not	17177
to exceed the district's spending reserve balance. A district's	17178
spending reserve balance is the amount by which the designated	17179
percentage of the district's estimated personal property taxes to	17180
be settled during the calendar year in which the fiscal year ends	17181
exceeds the estimated amount of personal property taxes to be so	17182
settled and received by the district during that fiscal year.	17183
Moneys from a spending reserve shall be appropriated in accordance	17184
with section 133.301 of the Revised Code.	17185

(2) For the purposes of computing a school district's	17186
spending reserve balance for a fiscal year, the designated	17187
percentage shall be as follows:	17188

Fiscal year ending in:	Designated percentage	17189
1998	50%	17190
1999	40%	17191
2000	30%	17192
2001	20%	17193
2002	10%	17194

(G) Except as otherwise provided in this division, the county	17195
budget commission shall not reduce the taxing authority of a	17196
subdivision as a result of the creation of a reserve balance	17197
account. Except as otherwise provided in this division, the county	17198
budget commission shall not consider the amount in a reserve	17199
balance account of a township, county, or municipal corporation as	17200
an unencumbered balance or as revenue for the purposes of division	17201
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	17202
budget commission may require documentation of the reasonableness	17203
of the reserve balance held in any reserve balance account. The	17204
commission shall consider any amount in a reserve balance account	17205
that it determines to be unreasonable as unencumbered and as	17206
revenue for the purposes of ~~sections~~section 5747.51 of the	17207
Revised Code and may take such amounts into consideration when	17208
determining whether to reduce the taxing authority of a	17209
subdivision.	17210

Sec. 5709.121. (A) Real property and tangible personal	17211
property belonging to a charitable or educational institution or	17212
to the state or a political subdivision, shall be considered as	17213
used exclusively for charitable or public purposes by such	17214
institution, the state, or political subdivision, if it meets one	17215
of the following requirements:	17216

(1) It is used by such institution, the state, or political	17217
subdivision, or by one or more other such institutions, the state,	17218
or political subdivisions under a lease, sublease, or other	17219
contractual arrangement:	17220

(a) As a community or area center in which presentations in	17221
music, dramatics, the arts, and related fields are made in order	17222
to foster public interest and education therein;	17223

(b) For other charitable, educational, or public purposes.

17224

(2) It is made available under the direction or control of	17225
such institution, the state, or political subdivision for use in	17226
furtherance of or incidental to its charitable, educational, or	17227
public purposes and not with the view to profit.	17228

(3) It is used by an organization described in division (D)	17229
of section 5709.12 of the Revised Code. If the organization is a	17230
corporation that receives a grant under the Thomas Alva Edison	17231
grant program authorized by division (C) of section 122.33 of the	17232
Revised Code at any time during the tax year, "used," for the	17233
purposes of this division, includes holding property for lease or	17234
resale to others.	17235

(B)(1) Property described in division (A)(1)(a) of this	17236
section shall continue to be considered as used exclusively for	17237
charitable or public purposes even if the property is conveyed	17238
through one conveyance or a series of conveyances to an entity	17239
that is not a charitable or educational institution and is not the	17240
state or a political subdivision, provided that all of the	17241
following conditions apply with respect to that property:	17242

(a) The property has been listed as exempt on the county	17243
auditor's tax list and duplicate for the county in which it is	17244
located for the ten tax years immediately preceding the year in	17245
which the property is conveyed through one conveyance or a series	17246
of conveyances;	17247

(b) The owner to which the property is conveyed through one	17248
conveyance or a series of conveyances leases the property through	17249
one lease or a series of leases to the entity that owned or	17250
occupied the property for the ten tax years immediately preceding	17251
the year in which the property is conveyed or an affiliate of such	17252
prior owner or occupant;	17253

(c) The property includes improvements that are at least	17254
fifty years old;	17255

(d) The property is being renovated in connection with a	17256
claim for historic preservation tax credits available under	17257
federal law;	17258

(e) The property continues to be used for the purposes	17259
described in division (A)(1)(a) of this section after its	17260
conveyance; and	17261

(f) The property is certified by the United States secretary	17262
of the interior as a "certified historic structure" or certified	17263
as part of a certified historic structure.	17264

(2) Notwithstanding section 5715.27 of the Revised Code, an	17265
application for exemption from taxation of property described in	17266
division (B)(1) of this section may be filed by either the owner	17267
of the property or its occupant.	17268

(C) For purposes of this section, an institution is a	17269
charitable institution if the institution is a nonprofit	17270
corporation or association, no part of the net earnings of which	17271
inures to the benefit of any private shareholder or individual, is	17272
exempt from federal income taxation under section 501(a) of the	17273
Internal Revenue Code, the majority of the institution's board of	17274
directors are appointed by the mayor or legislative authority of a	17275
municipal corporation or a board of county commissioners, or a	17276
combination thereof, and the primary purpose of the institution is	17277
to assist in the development and revitalization of downtown urban	17278
areas.	17279

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	17280
Revised Code:	17281

(A) "Tax certificate," "certificate," or "duplicate	17282
certificate" means a document that may be issued as a physical	17283
certificate, in book-entry form, or through an electronic medium,	17284
at the discretion of the county treasurer. Such document shall	17285
contain the information required by section 5721.31 of the Revised	17286
Code and shall be prepared, transferred, or redeemed in the manner	17287
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	17288
used in those sections, "tax certificate," "certificate," and	17289
"duplicate certificate" do not refer to the delinquent land tax	17290
certificate or the delinquent vacant land tax certificate issued	17291
under section 5721.13 of the Revised Code.	17292

(B) "Certificate parcel" means the parcel of delinquent land	17293
that is the subject of and is described in a tax certificate.	17294

(C) "Certificate holder" means a person who purchases a tax	17295
certificate under section 5721.32, 5721.33, or 5721.42 of the	17296
Revised Code, or a person to whom a tax certificate has been	17297
transferred pursuant to section 5721.36 of the Revised Code.	17298

(D) "Certificate purchase price" means, with respect to the	17299
sale of tax certificates under sections 5721.32, 5721.33, and	17300
5721.42 of the Revised Code, the amount equal to delinquent taxes,	17301
~~assessments, penalties, and interest computed under section~~	17302
~~323.121 of the Revised Code~~ charged against a certificate parcel	17303
at the time the tax certificate respecting that parcel is sold,	17304
not including any delinquent taxes~~, assessments, penalties,~~	17305
~~interest, and charges,~~ the lien for which has been conveyed to a	17306
certificate holder through a prior sale of a tax certificate	17307
respecting that parcel~~; provided, however, that payment~~. Payment	17308
of the certificate purchase price in a sale under section 5721.33	17309
of the Revised Code may be made wholly in cash or partially in	17310
cash and partially by noncash consideration acceptable to the	17311
county treasurer from the purchaser. In the event that any such	17312
noncash consideration is delivered to pay a portion of the	17313
certificate purchase price, such noncash consideration may be	17314
subordinate to the rights of the holders of other obligations	17315
whose proceeds paid the cash portion of the certificate purchase	17316
price.	17317

"Certificate purchase price" also includes the amount of the	17318
fee charged by the county treasurer to the purchaser of the	17319
certificate under division (H) of section 5721.32 of the Revised	17320
Code.	17321

(E)(1) With respect to a sale of tax certificates under	17322
section 5721.32 of the Revised Code, and except as provided in	17323
division (E)(2) of this section, ~~both of the following apply:~~	17324

~~(1) "Certificate~~"certificate redemption price" means the	17325
certificate purchase price plus the greater of the following:	17326

(a) ~~Interest~~Simple interest, at the certificate rate of	17327
interest, accruing during the certificate interest period on the	17328
certificate purchase price, calculated in accordance with section	17329
5721.41 of the Revised Code;	17330

(b) Six per cent of the certificate purchase price.

17331

(2) If the certificate rate of interest equals zero, the	17332
certificate redemption price equals the certificate purchase price	17333
plus the fee charged by the county treasurer to the purchaser of	17334
the certificate under division (H) of section 5721.32 of the	17335
Revised Code.	17336

(F) With respect to a sale of tax certificates under section	17337
5721.33 of the Revised Code, "certificate redemption price" means	17338
the amount equal to the sum of the following:	17339

(1) The certificate purchase price;

17340

(2) Interest accrued on the certificate purchase price at the	17341
certificate rate of interest from the date on which a tax	17342
certificate is delivered through and including the day immediately	17343
preceding the day on which the certificate redemption price is	17344
paid;	17345

(3) The fee, if any, charged by the county treasurer to the	17346
purchaser of the certificate under division (J) of section 5721.33	17347
of the Revised Code;	17348

(4) Any other fees charged by any county office in connection	17349
with the recording of tax certificates.	17350

(G) "Certificate rate of interest" means the rate of simple	17351
interest per year bid by the winning bidder in an auction of a tax	17352
certificate held under section 5721.32 of the Revised Code, or the	17353
rate of simple interest per year not to exceed eighteen per cent	17354
per year fixed pursuant to section 5721.42 of the Revised Code or	17355
by the county treasurer with respect to any tax certificate sold	17356
pursuant to a negotiated sale under section 5721.33 of the Revised	17357
Code. The certificate rate of interest shall not be less than zero	17358
per cent per year.	17359

(H) "Cash" means United States currency, certified checks,	17360
money orders, bank drafts, or electronic transfer of funds, or	17361
other forms of payment authorized by the county treasurer, and	17362
excludes any other form of payment not so authorized.	17363

(I) "The date on which a tax certificate is sold," "the date	17364
the certificate was sold," "the date the certificate is	17365
purchased," and any other phrase of similar content mean, with	17366
respect to a sale pursuant to an auction under section 5721.32 of	17367
the Revised Code, the date designated by the county treasurer for	17368
the submission of bids and, with respect to a negotiated sale	17369
under section 5721.33 of the Revised Code, the date of delivery of	17370
the tax certificates to the purchasers thereof pursuant to a tax	17371
certificate sale/purchase agreement.	17372

(J) ~~"Purchaser of a tax certificate pursuant to section~~	17373
~~5721.32 of the Revised Code" means the winning bidder in an~~	17374
~~auction of a tax certificate held under section 5721.32 of the~~	17375
~~Revised Code.~~	17376

~~(K)~~ "Certificate interest period" means, with respect to a	17377
tax certificate sold under section 5721.32 or 5721.42 of the	17378
Revised Code and for the purpose of accruing interest under	17379
section 5721.41 of the Revised Code, the period beginning on the	17380
date on which the certificate is purchased and, with respect to a	17381
tax certificate sold under section 5721.33 of the Revised Code,	17382
the period beginning on the date of delivery of the tax	17383
certificate, and in either case ending on one of the following	17384
dates:	17385

(1) ~~In the case of foreclosure proceedings instituted under~~	17386
~~section 5721.37 of the Revised Code, the date the certificate~~	17387
~~holder submits a payment to the treasurer under division (B) of~~	17388
~~that section~~The date the certificate holder files a request for	17389
foreclosure or notice of intent to foreclose under division (A)	17390
of section 5721.37 of the Revised Code and submits the payment	17391
required under division (B) of that section;	17392

(2) ~~In the case of a certificate parcel redeemed under~~	17393
~~division (A) or (C) of section 5721.38 of the Revised Code, the~~	17394
The date the owner of record of the certificate parcel, or any	17395
other person entitled to redeem that parcel, ~~pays to the county~~	17396
~~treasurer or to the certificate holder, as applicable, the full~~	17397
~~amount determined under that section~~redeems the certificate	17398
parcel under division (A) or (C) of section 5721.38 of the Revised	17399
Code or redeems the certificate under section 5721.381 of the	17400
Revised Code.	17401

~~(L) "County treasurer" means, with respect to the sale of tax~~	17402
~~certificates under section 5721.32, or 5721.33 of the Revised~~	17403
~~Code, the county treasurer of a county having a population of at~~	17404
~~least two hundred thousand according to the then most recent~~	17405
~~federal decennial census.~~	17406

~~(M)~~(K) "Qualified trustee" means a trust company within the	17407
state or a bank having the power of a trust company within the	17408
state with a combined capital stock, surplus, and undivided	17409
profits of at least one hundred million dollars.	17410

~~(N)~~(L) "Tax certificate sale/purchase agreement" means the	17411
purchase and sale agreement described in division (C) of section	17412
5721.33 of the Revised Code setting forth the certificate purchase	17413
price, plus any applicable premium or less any applicable	17414
discount, including, without limitation, the amount to be paid in	17415
cash and the amount and nature of any noncash consideration, the	17416
date of delivery of the tax certificates, and the other terms and	17417
conditions of the sale, including, without limitation, the rate of	17418
interest that the tax certificates shall bear.	17419

~~(O)~~(M) "Noncash consideration" means any form of	17420
consideration other than cash, including, but not limited to,	17421
promissory notes whether subordinate or otherwise.	17422

~~(P)~~(N) "Private attorney" means ~~for purposes of section~~	17423
~~5721.37 of the Revised Code,~~ any attorney licensed to practice law	17424
in this state~~, whether practicing with a firm of attorneys or~~	17425
~~otherwise,~~ whose license has not been revoked ~~or otherwise~~and is	17426
not currently suspended, and who ~~brings~~is retained to bring	17427
foreclosure proceedings pursuant to section 5721.37 of the Revised	17428
Code on behalf of a certificate holder.	17429

~~(Q)~~(O) "Related certificate parcel" means, with respect to a	17430
certificate holder, the certificate parcel with respect to which	17431
the certificate holder has purchased and holds a tax certificate	17432
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	17433
with respect to a tax certificate, the certificate parcel against	17434
which the tax certificate has been sold pursuant to those	17435
sections.	17436

(P) "Delinquent taxes" means delinquent taxes as defined in	17437
section 323.01 of the Revised Code and includes assessments and	17438
charges, and penalties and interest computed under section 323.121	17439
of the Revised Code.	17440

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	17441
delinquent land list compiled under section 5721.011 of the	17442
Revised Code, or a delinquent land list compiled previously under	17443
that section, ~~for a county having a population of at least two~~	17444
~~hundred thousand according to the most recent federal decennial~~	17445
~~census,~~ the county treasurer may select from the list parcels of	17446
delinquent land the lien against which the county treasurer may	17447
attempt to transfer by the sale of tax certificates under sections	17448
5721.30 to 5721.43 of the Revised Code. ~~The county treasurer may~~	17449
~~select only those eligible parcels~~None of the following parcels	17450
may be selected for a tax certificate sale:	17451

(a) A parcel for which the full amount of taxes, assessments,	17452
penalties, interest, and charges have ~~not yet~~ been paid or;	17453

(b) A parcel for which a valid ~~delinquent tax~~ contract under	17454
section 323.122, 323.31, or 5713.20 of the Revised Code is ~~not~~ in	17455
force;	17456

(c) A parcel the owner of which has filed a petition in	17457
bankruptcy, so long as the parcel is property of the bankruptcy	17458
estate. ~~Each certificate shall contain the same information as~~	17459
~~is required to be contained in the delinquent land list. The~~	17460

(2) The county treasurer shall compile a separate list~~, the~~	17461
~~list~~ of parcels selected for tax certificate sales, including the	17462
same information as is required to be included in the delinquent	17463
land list.	17464

Upon compiling the list of parcels selected for tax	17465
certificate sales, the county treasurer may conduct a title search	17466
for any parcel on the list.	17467

(B)(1) Except as otherwise provided in division (B)(3) of	17468
this section, when tax certificates are to be sold under section	17469
5721.32 of the Revised Code with respect to parcels, the county	17470
treasurer shall send written notice by certified ~~or registered~~	17471
mail to either the owner of record or all interested parties	17472
discoverable through a title search, or both, of each parcel on	17473
the list. A notice to an owner shall be sent to the owner's last	17474
known tax-mailing address. The notice shall inform the owner or	17475
interested parties that a tax certificate will be offered for sale	17476
on the parcel, and that the owner or interested parties may incur	17477
additional expenses as a result of the sale.	17478

(2) Except as otherwise provided in division (B)(3) of this	17479
section, when tax certificates are to be sold under section	17480
5721.33 of the Revised Code with respect to parcels, the county	17481
treasurer, at least thirty days prior to the date of sale of such	17482
tax certificates, shall send written notice of the sale by	17483
certified ~~or registered~~ mail~~, or both,~~ to the last known	17484
tax-mailing address of the record owner of the property or parcel	17485
and may send such notice to all parties with an interest in the	17486
property that has been recorded in the property records of the	17487
county pursuant to section 317.08 of the Revised Code. The notice	17488
shall state that a tax certificate will be offered for sale on the	17489
parcel, and that the owner or interested parties may incur	17490
additional expenses as a result of the sale.	17491

(3) The county treasurer is not required to send a notice	17492
under division (B)(1) or (B)(2) of this section if the treasurer	17493
previously has attempted to send such notice to the owner of the	17494
parcel and the notice has been returned by the post office as	17495
undeliverable. The absence of a valid tax-mailing address for the	17496
owner of a parcel does not preclude the county treasurer from	17497
selling a tax certificate for the parcel.	17498

(C) The county treasurer shall advertise the sale of tax	17499
certificates under section 5721.32 of the Revised Code in a	17500
newspaper of general circulation in the county, once a week for	17501
two consecutive weeks. The advertisement shall include the date,	17502
the time, and the place of the public auction, abbreviated legal	17503
descriptions of the parcels, and the names of the owners of record	17504
of the parcels. The advertisement also shall include the	17505
certificate purchase prices of the parcels or the total purchase	17506
price of tax certificates for sale in blocks of tax certificates.	17507

(D) After the county treasurer has compiled the list of	17508
parcels selected for tax certificate sales but before a tax	17509
certificate respecting a parcel is sold, if the owner of record of	17510
the parcel pays to the county treasurer in cash the ~~full amount of~~	17511
~~delinquent taxes, assessments, penalties, interest, and charges~~	17512
~~then due and payable or enters into a valid delinquent tax~~	17513
~~contract under section 323.31 of the Revised Code to pay that~~	17514
~~amount~~delinquent taxes respecting the parcel or otherwise acts so	17515
that any condition in division (A)(1)(a), (b), or (c) of this	17516
section applies to the parcel, the owner of record of the parcel	17517
also shall pay a fee in an amount prescribed by the treasurer to	17518
cover the administrative costs of the treasurer under this	17519
section respecting the parcel ~~and credited~~. The fee shall be	17520
deposited in the county treasury to the credit of the tax	17521
certificate administration fund.	17522

(E) A tax certificate administration fund shall be created in	17523
the county treasury of each county selling tax certificates under	17524
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	17525
administered by the county treasurer, and used solely for the	17526
purposes of sections 5721.30 to 5721.43 of the Revised Code. Any	17527
fee received by the treasurer under sections 5721.30 to 5721.43 of	17528
the Revised Code shall be credited to the fund, except the bidder	17529
registration fee under division (B) of section 5721.32 of the	17530
Revised Code and the county prosecuting attorney's fee under	17531
division (B)(3) of section 5721.37 of the Revised Code.	17532

(F) The county treasurers of more than one county may jointly	17533
conduct a regional sale of tax certificates under section 5721.32	17534
of the Revised Code. A regional sale shall be held at a single	17535
location in one county, where the tax certificates from each of	17536
the participating counties shall be offered for sale at public	17537
auction. Before the regional sale, each county treasurer shall	17538
advertise the sale for the parcels in the treasurer's county as	17539
required by division (C) of this section. At the regional sale,	17540
tax certificates shall be sold on parcels from one county at a	17541
time, with all of the certificates for one county offered for sale	17542
before any certificates for the next county are offered for sale.	17543

(G) The tax commissioner shall prescribe the form of the tax	17544
certificate under this section, and county treasurers shall use	17545
the form so prescribed ~~by the commissioner~~.	17546

Sec. 5721.32. (A) The sale of tax certificates by public	17547
auction may be conducted at any time after completion of the	17548
advertising of the sale under section 5721.31 of the Revised Code,	17549
on the date and at the time and place designated in the	17550
advertisements, and may be continued from time to time as the	17551
county treasurer directs. The county treasurer may offer the tax	17552
certificates for sale in blocks of tax certificates, consisting of	17553
any number of tax certificates as determined by the county	17554
treasurer.	17555

(B)(1) The sale of tax certificates under this section shall	17556
be conducted at a public auction by the county treasurer or a	17557
designee of the county treasurer.	17558

(2) No person shall be permitted to bid without completing a	17559
bidder registration form, in the form prescribed by the tax	17560
commissioner, and without filing the form with the county	17561
treasurer prior to the start of the auction, together with	17562
remittance of a registration fee, in cash, of five hundred	17563
dollars. The bidder registration form shall include a tax	17564
identification number of the registrant. The registration fee is	17565
refundable at the end of bidding on the day of the auction, unless	17566
the registrant is the winning bidder for one or more tax	17567
certificates or one or more blocks of tax certificates, in which	17568
case the fee may be applied toward the deposit required by this	17569
section.	17570

(3) The county treasurer may require a person who wishes to	17571
bid on one or more parcels to submit a letter from a financial	17572
institution stating that the bidder has sufficient funds available	17573
to pay the purchase price of the parcels and a written	17574
authorization for the treasurer to verify such information with	17575
the financial institution. The county treasurer may require	17576
submission of the letter and authorization sufficiently in advance	17577
of the auction to allow for verification. No person who fails to	17578
submit the required letter and authorization, or whose financial	17579
institution fails to provide the requested verification, shall be	17580
permitted to bid.	17581

(C) At the public auction, the county treasurer or the	17582
treasurer's designee or agent shall begin the bidding at eighteen	17583
per cent per year simple interest, and accept lower bids in even	17584
increments of one-fourth of one per cent to the rate of zero per	17585
cent. The county treasurer, designee, or agent shall award the tax	17586
certificate to the person bidding the lowest certificate rate of	17587
interest. The county treasurer shall decide which person is the	17588
winning bidder in the event of a tie for the lowest bid offered,	17589
or if a person contests the lowest bid offered. The county	17590
treasurer's decision is not appealable.	17591

(D)(1) The winning bidder shall pay the county treasurer a	17592
cash deposit of at least ten per cent of the certificate purchase	17593
price not later than the close of business on the day of the sale.	17594
The winning bidder shall pay the balance and the fee required	17595
under division (H) of this section not later than five business	17596
days after the day on which the certificate is sold. IfExcept as	17597
provided under division (D)(2) of this section, if the winning	17598
bidder fails to pay the balance and fee within the prescribed	17599
time, the bidder forfeits the deposit, and the county treasurer	17600
shall retain the tax certificate and may attempt to sell it at any	17601
auction conducted at a later date. ~~The~~	17602

(2) At the request of a winning bidder, the county treasurer	17603
may release the bidder from the bidder's tax certificate purchase	17604
obligation. The county treasurer may retain all or any portion of	17605
the deposit of a bidder granted a release. After granting a	17606
release under this division, the county treasurer may award the	17607
tax certificate to the person that submitted the second lowest bid	17608
at the auction.	17609

(3) The county treasurer shall deposit the ~~forfeited~~ deposit	17610
forfeited or retained under divisions (D)(1) or (2) of this	17611
section in the county treasury to the credit of the tax	17612
certificate administration fund.	17613

(E) Upon receipt of the full payment of the certificate	17614
purchase price from the purchaser, the county treasurer shall	17615
issue the tax certificate and record the tax certificate sale by	17616
~~marking on the tax certificate and~~entering into a tax certificate	17617
register, the certificate purchase price, the certificate rate of	17618
interest, the date the certificate was sold, ~~and~~ the name and	17619
address of the certificate holder, ~~which~~and any other information	17620
the county treasurer considers necessary. The county treasurer may	17621
keep the tax certificate register in a hard-copy format or in an	17622
electronic format. The name and address of the certificate holder	17623
may be, upon receipt of instructions from the purchaser, that of	17624
the secured party of the actual purchaser, or an agent or	17625
custodian for the purchaser or secured party. The county treasurer	17626
also shall transfer the tax certificate to the certificate holder	17627
~~and, upon presentation to the treasurer of instructions signed by~~	17628
~~the certificate purchaser, shall record in the tax certificate~~	17629
~~register the name and address of any secured party of the~~	17630
~~certificate purchaser having a security interest in the tax~~	17631
~~certificate. Upon the transfer of a tax certificate, the~~. The	17632
county treasurer shall apportion the part of the proceeds from the	17633
sale representing taxes, penalties, and interest among the several	17634
taxing districts in the same proportion that the amount of taxes	17635
levied by each district against the certificate parcel in the	17636
preceding tax year bears to the taxes levied by all such districts	17637
against the certificate parcel in the preceding tax year, and	17638
credit the part of the proceeds representing assessments and other	17639
charges to the items of assessments and charges in the order in	17640
which those items became due. Upon ~~completion of the sale of~~	17641
issuing a tax certificate, the delinquent taxes~~, assessments,~~	17642
~~penalties, and interest~~ that make up the certificate purchase	17643
price are transferred, and the superior lien of the state and its	17644
taxing districts for those delinquent taxes~~, assessments,~~	17645
~~penalties, and interest~~ is conveyed intact to the certificate	17646
holder.	17647

(F) If a tax certificate is offered for sale under this	17648
section but is not sold, the county treasurer may strike the	17649
corresponding certificate parcel from the list of parcels selected	17650
for tax certificate sales. The lien for taxes, assessments,	17651
charges, penalties, and interest against a parcel stricken from	17652
the list thereafter may be foreclosed in the manner prescribed by	17653
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	17654
prior to the institution of such proceedings against the parcel,	17655
the county treasurer restores the parcel to the list of parcels	17656
selected for tax certificate sales.	17657

(G) A certificate holder shall not be liable for damages	17658
arising from a violation of sections 3737.87 to 3737.891 or	17659
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	17660
6111. of the Revised Code, or a rule adopted or order, permit,	17661
license, variance, or plan approval issued under any of those	17662
chapters, that is or was committed by another person in connection	17663
with the parcel for which the tax certificate is held.	17664

(H) When selling a tax certificate under this section, the	17665
county treasurer shall charge a fee to the purchaser of the	17666
certificate. The county treasurer shall set the fee at a	17667
reasonable amount that covers the treasurer's costs of	17668
administering the sale of the tax certificate. The county	17669
treasurer shall deposit the fee in the county treasury to the	17670
credit of the tax certificate administration fund.	17671

(I) After selling a tax certificate under this section, the	17672
county treasurer shall send written notice by certified or	17673
~~registered~~ mail to the owner of the certificate parcel at the	17674
owner's last known tax-mailing address. The notice shall inform	17675
the owner that the tax certificate was sold, shall describe the	17676
owner's options to redeem the parcel, including entering into a	17677
redemption payment plan under division (C)(1) of section 5721.38	17678
of the Revised Code, and shall name the certificate holder and its	17679
secured party, if any. However, the county treasurer is not	17680
required to send a notice under this division if the treasurer	17681
previously has attempted to send a notice to the owner of the	17682
parcel at the owner's last known tax-mailing address, and the	17683
postal service has returned the notice as undeliverable.	17684

(J) A tax certificate shall not be sold to the owner of the	17685
certificate parcel.	17686

Sec. 5721.33. (A) A county treasurer may, in the treasurer's	17687
discretion, negotiate the sale of any number of tax certificates	17688
with one or more persons~~, including~~. Terms that may be negotiated	17689
include, without limitation, any of the following:	17690

(1) A premium to be added to or discount to be subtracted	17691
from the certificate purchase price for the tax certificates ~~and~~	17692
~~any~~;	17693

(2) Different time frames under which the certificate holder	17694
may initiate a foreclosure action than are otherwise allowed under	17695
sections 5721.30 to 5721.43 of the Revised Code, not to exceed six	17696
years after the date the tax certificate was sold;	17697

(3) The amount to be paid in private attorney's fees related	17698
to tax certificate foreclosures, subject to section 5721.371 of	17699
the Revised Code;	17700

(4) Any other terms of the sale that the county treasurer, in	17701
the treasurer's discretion, determines appropriate or necessary	17702
for the sale.	17703

(B) The sale of tax certificates under this section shall be	17704
governed by the criteria established by the county treasurer	17705
pursuant to division (E) of this section.	17706

(C) The county treasurer may execute a tax certificate	17707
sale/purchase agreement and other necessary agreements with a	17708
designated purchaser or purchasers to complete a negotiated sale	17709
of tax certificates.	17710

(D) The tax certificate may be sold at a premium to or	17711
discount from the certificate purchase price. The county treasurer	17712
may establish as one of the terms of the negotiated sale the	17713
portion of the certificate purchase price, plus any applicable	17714
premium or less any applicable discount, that the purchaser or	17715
purchasers shall pay in cash on the date the tax certificates are	17716
sold and the portion, if any, of the certificate purchase price,	17717
plus any applicable premium or less any applicable discount, that	17718
the purchaser or purchasers shall pay in noncash consideration and	17719
the nature of that consideration.	17720

The county treasurer shall sell such tax certificates at a	17721
certificate purchase price, plus any applicable premium and less	17722
any applicable discount, and at a certificate rate of interest	17723
that, in the treasurer's determination, are in the best interests	17724
of the county.	17725

(E)(1) The county treasurer shall adopt rules governing the	17726
eligibility of persons to purchase tax certificates or to	17727
otherwise participate in a negotiated sale under this section. The	17728
rules may provide for precertification of such persons, including	17729
a requirement for disclosure of income, assets, and any other	17730
financial information the county treasurer determines appropriate.	17731
The rules also may prohibit any person that is delinquent in the	17732
payment of any tax to the county or to the state, or that is in	17733
default in or on any other obligation to the county or to the	17734
state, from purchasing a tax certificate or otherwise	17735
participating in a negotiated sale of tax certificates under this	17736
section. The eligibility information required shall include the	17737
tax identification number of the purchaser and may include the tax	17738
identification number of the participant. The county treasurer,	17739
upon request, shall provide a copy of the rules adopted under this	17740
section.	17741

(2) Any person that intends to purchase a tax certificate in	17742
a negotiated sale shall submit an affidavit to the county	17743
treasurer that establishes compliance with the applicable	17744
eligibility criteria and includes any other information required	17745
by the treasurer. Any person that fails to submit such an	17746
affidavit is ineligible to purchase a tax certificate. Any person	17747
that knowingly submits a false or misleading affidavit shall	17748
forfeit any tax certificate or certificates purchased by the	17749
person at a sale for which the affidavit was submitted, shall be	17750
liable for payment of the full certificate purchase price, plus	17751
any applicable premium and less any applicable discount, of the	17752
tax certificate or certificates, and shall be disqualified from	17753
participating in any tax certificate sale conducted in the county	17754
during the next five years.	17755

(3) A tax certificate shall not be sold to the owner of the	17756
certificate parcel or to any corporation, partnership, or	17757
association in which such owner has an interest. No person that	17758
purchases a tax certificate in a negotiated sale shall assign or	17759
transfer the tax certificate to the owner of the certificate	17760
parcel or to any corporation, partnership, or association in which	17761
the owner has an interest. Any person that knowingly or	17762
negligently transfers or assigns a tax certificate to the owner of	17763
the certificate parcel or to any corporation, partnership, or	17764
association in which such owner has an interest shall be liable	17765
for payment of the full certificate purchase price, plus any	17766
applicable premium and less any applicable discount, and shall not	17767
be entitled to a refund of any amount paid. Such tax certificate	17768
shall be deemed void and the tax lien sold under the tax	17769
certificate shall revert to the county as if no sale of the tax	17770
certificate had occurred.	17771

(F) The purchaser in a negotiated sale under this section	17772
shall deliver the certificate purchase price, plus any applicable	17773
premium and less any applicable discount and including any noncash	17774
consideration, to the county treasurer not later than the close of	17775
business on the date the tax certificates are delivered to the	17776
purchaser. The certificate purchase price, ~~plus any applicable~~	17777
~~premium and~~ less any applicable discount, or portion of the price,	17778
that is paid in cash shall be deposited in the county's general	17779
fund to the credit of the account to which ad valorem real	17780
property taxes are credited and further credited as provided in	17781
division (G) of this section. Any applicable premium that is paid	17782
shall be, at the discretion of the county treasurer, apportioned	17783
to and deposited in any authorized county fund. The purchaser also	17784
shall pay on the date the tax certificates are delivered to the	17785
purchaser the fee, if any, negotiated under division (J) of this	17786
section. If the purchaser fails to pay the certificate purchase	17787
price, plus any applicable premium and less any applicable	17788
discount, and any such fee, within the time periods required by	17789
this section, the county treasurer shall retain the tax	17790
certificate and may attempt to sell it at any auction or	17791
negotiated sale conducted at a later date.	17792

(G) Upon receipt of the full payment from the purchaser of	17793
the certificate purchase price, plus any applicable premium and	17794
less any applicable discount, and the negotiated fee, if any, ~~from~~	17795
~~the purchaser,~~ the county treasurer, or a qualified trustee whom	17796
the treasurer has engaged for such purpose, shall issue the tax	17797
certificate and record the tax certificate sale by ~~marking on each~~	17798
~~of the tax certificates sold or, if issued in book-entry form, on~~	17799
~~the global tax certificate, and marking~~entering into a tax	17800
certificate register, the certificate purchase price, any premium	17801
paid or discount taken, the certificate rate of interest, the date	17802
the certificates were sold, ~~and~~ the name and address of the	17803
certificate holder or, in the case of issuance of the tax	17804
certificates in a book-entry system, the name and address of the	17805
nominee, ~~which~~and any other information the county treasurer	17806
considers necessary. The county treasurer may keep the tax	17807
certificate register in a hard-copy format or an electronic	17808
format. The name and address of the certificate holder or nominee	17809
may be, upon receipt of instructions from the purchaser, that of	17810
the secured party of the actual purchaser, or an agent or	17811
custodian for the purchaser or secured party. The county treasurer	17812
also shall transfer the tax certificates to the certificate holder	17813
~~and, upon presentation to the treasurer of instructions signed by~~	17814
~~the certificate purchaser or purchasers, shall record in the tax~~	17815
~~certificate register the name and address of any secured party of~~	17816
~~the certificate purchaser or purchasers having a security interest~~	17817
~~in the tax certificate. Upon the transfer of the tax certificates,~~	17818
~~the~~. The county treasurer shall apportion the part of the cash	17819
proceeds from the sale representing taxes, penalties, and interest	17820
among the several taxing districts in the same proportion that the	17821
amount of taxes levied by each district against the certificate	17822
parcels in the preceding tax year bears to the taxes levied by all	17823
such districts against the certificate parcels in the preceding	17824
tax year, and credit the part of the proceeds representing	17825
assessments and other charges to the items of assessments and	17826
charges in the order in which those items became due. If the cash	17827
proceeds from the sale are not sufficient to fully satisfy the	17828
items of ~~outstanding delinquent~~ taxes, assessments, penalties,	17829
interest, and charges on the certificate parcels against which tax	17830
certificates were sold, the county treasurer shall credit the cash	17831
proceeds to such items pro rata based upon the proportion that	17832
each item of ~~delinquent~~ taxes, assessments, penalties, interest,	17833
and charges bears to the aggregate of all such items, or by any	17834
other method that the county treasurer, in the treasurer's sole	17835
discretion, determines is equitable. Upon ~~completion of the sale~~	17836
ofissuing the tax certificates, the delinquent taxes,	17837
~~assessments, penalties, and interest~~ that make up the certificate	17838
purchase price are transferred, and the superior lien of the	17839
state and its taxing districts for those delinquent taxes,	17840
~~assessments, penalties, and interest~~ is conveyed intact to the	17841
certificate holder or holders.	17842

(H) If a tax certificate is offered for sale under this	17843
section but is not sold, the county treasurer may strike the	17844
corresponding certificate parcel from the list of parcels selected	17845
for tax certificate sales. The lien for taxes, assessments,	17846
charges, penalties, and interest against a parcel stricken from	17847
the list thereafter may be foreclosed in the manner prescribed by	17848
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	17849
prior to the institution of such proceedings against the parcel,	17850
the county treasurer restores the parcel to the list of parcels	17851
selected for tax certificate sales.	17852

(I) Neither a certificate holder nor its secured party, if	17853
any, shall be liable for damages arising from a violation of	17854
sections 3737.87 to 3737.891 or Chapter 3704., 3734., 3745.,	17855
3746., 3750., 3751., 3752., 6109., or 6111. of the Revised Code,	17856
or a rule adopted or order, permit, license, variance, or plan	17857
approval issued under any of those chapters, that is or was	17858
committed by another person in connection with the parcel for	17859
which the tax certificate is held.	17860

(J) When selling a tax certificate under this section, the	17861
county treasurer may negotiate with the purchaser of the	17862
certificate for ~~a fee~~fees paid by the purchaser to the county	17863
treasurer to reimburse the treasurer for any part or all of the	17864
treasurer's costs of preparing for and administering the sale of	17865
the tax certificate and any fees set forth by the county treasurer	17866
in the tax certificate sale/purchase agreement. Such ~~fee~~fees, if	17867
any, shall be added to the certificate purchase price ~~of the~~	17868
~~certificate~~ and shall be paid by the purchaser on the date of	17869
delivery of the tax certificate. The county treasurer shall	17870
deposit the ~~fee~~fees in the county treasury to the credit of the	17871
tax certificate administration fund.	17872

(K) After selling tax certificates under this section, the	17873
county treasurer shall send written notice by certified or	17874
~~registered~~ mail to the last known tax-mailing address of the owner	17875
of the certificate parcel. The notice shall inform the owner that	17876
a tax certificate with respect to such owner's parcel was sold and	17877
shall describe the owner's options to redeem the parcel, including	17878
entering into a redemption payment plan under division (C)(2) of	17879
section 5721.38 of the Revised Code. However, the county treasurer	17880
is not required to send a notice under this division if the	17881
treasurer previously has attempted to send a notice to the owner	17882
of the parcel at the owner's last known tax-mailing address and	17883
the postal service has returned the notice as undeliverable.	17884

Sec. 5721.34. (A) A county treasurer shall not sell any tax	17885
certificate respecting a parcel of delinquent land ~~upon which the~~	17886
~~full amount of delinquent taxes, assessments, penalties, interest,~~	17887
~~charges, and costs then due and payable have been paid, or with~~	17888
~~respect~~ to which ~~a valid delinquent tax contract under~~any of	17889
divisions (A)(1)(a) to (c) of section ~~323.31~~5721.31 of the	17890
Revised Code ~~to pay that amount has been entered into, prior to~~	17891
~~the sale of the certificate by the county treasurer~~apply. A	17892
certificate sold in violation of this section is void.	17893

(B) If the county treasurer discovers or determines that ~~the~~	17894
a certificate is void ~~under division (A) of this section~~for any	17895
reason, the holder of the void certificate is entitled to a refund	17896
of the certificate purchase price, plus any applicable premium and	17897
less any applicable discount, and the fee charged by the treasurer	17898
under division (H) of section 5721.32 or division (J) of section	17899
5721.33 of the Revised Code, if any, as applicable. If the county	17900
treasurer makes the discovery or determination more than ~~sixty~~	17901
ninety days after the certificate's date of sale, the holder also	17902
is entitled to interest on the certificate purchase price at the	17903
rate of five per cent per year. The interest shall be calculated	17904
from the first day of the month following the month in which the	17905
certificate was sold, to the first day of the month in which the	17906
county treasurer makes the discovery or determination. The county	17907
treasurer shall notify the certificate holder by ordinary first	17908
class or certified mail or by binary means that the certificate is	17909
void and shall issue the refund. The county auditor shall issue a	17910
warrant for the portion of the refund from the undivided tax fund,	17911
which portion consists of the certificate purchase price, plus	17912
any applicable premium and less any applicable discount; the	17913
portion of the refund consisting of interest and the treasurer's	17914
fee, if any, shall be paid from the tax certificate administration	17915
fund.	17916

(C) With respect to a tax certificate ~~sold under section~~	17917
~~5721.32 of the Revised Code and~~ found to be void under division	17918
(A) or (B) of this section, ~~in addition to the remedies available~~	17919
~~under division (B) of this section,~~ the county treasurer may, with	17920
the approval of the certificate holder, substitute for such tax	17921
certificate ~~or portion thereof~~ another tax certificate that has a	17922
~~value~~certificate purchase price equivalent to the ~~value~~	17923
certificate purchase price of the tax certificate found to be	17924
void. In addition, the substitute tax certificate shall be for a	17925
parcel concerning which the county treasurer has taken action	17926
under divisions (A), (B), and (C) of section 5721.31 of the	17927
Revised Code, but with respect to which a tax certificate has not	17928
been sold, and that has a true value, as determined by the county	17929
auditor, that is equivalent to the true value of the parcel for	17930
which the tax certificate has been found to be void. Whenever a	17931
tax certificate ~~of equivalent value~~ is to be substituted for a tax	17932
certificate that has been found to be void, the county treasurer	17933
shall provide ~~written~~ notice of the intention to substitute a tax	17934
certificate ~~of equivalent value~~ to any person required to be	17935
notified under division (I) of section 5721.32 or division (K) of	17936
section 5721.33 of the Revised Code.	17937

(D) If an application for the exemption from and remission of	17938
taxes made under section 3735.67 or 5715.27 of the Revised Code,	17939
or under any other section of the Revised Code under the	17940
jurisdiction of the director of environmental protection, is	17941
granted for a parcel for which a tax certificate has been sold,	17942
the county treasurer shall refund to the certificate holder, in	17943
the manner provided in this section, the amount of any taxes	17944
exempted or remitted that were included in the certificate	17945
purchase price. If the whole amount of the taxes included in the	17946
certificate purchase price are exempted or remitted, the tax	17947
certificate is void. If all of the taxes that were included in the	17948
certificate purchase price are not exempted or remitted, the	17949
county treasurer shall adjust the tax certificate register to	17950
reflect the remaining amount of taxes that were not exempted or	17951
remitted, and notify the certificate holder of the adjustment in	17952
writing.	17953

Sec. 5721.35. (A) Upon the sale and delivery of a tax	17954
certificate, the tax certificate vests in the certificate holder	17955
the first lien previously held by the state and its taxing	17956
districts under section 5721.10 of the Revised Code for the amount	17957
of taxes, assessments, interest, and penalty charged against a	17958
certificate parcel, superior to all other liens and encumbrances	17959
upon the parcel described in the tax certificate, in the amount of	17960
the certificate redemption price, except liens for delinquent	17961
taxes~~, assessments, penalties, interest, charges, and costs~~ that	17962
attached to the certificate parcel prior to the attachment of the	17963
lien being conveyed by the sale of such tax certificate. With	17964
respect to the priority as among such first liens of the state and	17965
its taxing districts for different years, the priority shall be	17966
determined by the date such first liens of the state and its	17967
taxing districts attached pursuant to section 323.11 of the	17968
Revised Code, with first priority to the earliest attached lien	17969
and each immediately subsequent priority based upon the next	17970
earliest attached lien.	17971

(B)(1) A certificate holder or the county treasurer may	17972
record the tax certificate or memorandum thereof in the office of	17973
the county recorder of the county in which the certificate parcel	17974
is situated, as a mortgage of land under division (A)(2) of	17975
section 317.08 of the Revised Code. The county recorder shall	17976
index the certificate in the indexes provided for under section	17977
317.18 of the Revised Code. If the lien is subsequently canceled,	17978
the cancellation also shall be recorded by the county recorder.	17979

(2) Notwithstanding Chapter 1309., Title LIII, or any other	17980
provision of the Revised Code, a secured party holding a security	17981
interest in a tax certificate or memorandum thereof may perfect	17982
that security interest only by one of the following methods:	17983

(a) Possession;

17984

(b) Registering the tax certificate with the county treasurer	17985
in the name of the secured party, or its agent or custodian, as	17986
certificate holder;	17987

(c) Recording the name of the secured party in the tax	17988
certificate register in the office of the county treasurer of the	17989
county in which the certificate parcel is situated.	17990

Sec. 5721.36. (A)(1) Except as otherwise provided in	17991
division (A)(2) of this section, the purchaser of a tax	17992
certificate sold as part of a block sale pursuant to section	17993
5721.32 of the Revised Code may transfer the certificate to any	17994
person, and any other purchaser of a tax certificate pursuant to	17995
section 5721.32 or 5721.33 of the Revised Code may transfer the	17996
certificate to any person, except the owner of the certificate	17997
parcel or any corporation, partnership, or association in which	17998
such owner has an interest. The transferee of a tax certificate	17999
subsequently may transfer the certificate to any other person to	18000
whom the purchaser could have transferred the certificate. The	18001
transferor of a tax certificate shall endorse the certificate and	18002
shall swear to the endorsement before a notary public or other	18003
officer empowered to administer oaths. The transferee shall	18004
present the endorsed certificate and a notarized copy of a valid	18005
form of identification showing the transferee's taxpayer	18006
identification number to the county treasurer of the county where	18007
the certificate is registered, who shall, upon payment of a fee of	18008
twenty dollars to cover the costs associated with the transfer of	18009
a tax certificate, enter upon the register of certificate holders	18010
opposite the certificate entry the name and address of the	18011
transferee, the date of entry, and, upon presentation to the	18012
treasurer of instructions signed by the transferee, the name and	18013
address of any secured party of the transferee having an interest	18014
in the tax certificate. The treasurer shall deposit the fee in the	18015
county treasury to the credit of the tax certificate	18016
administration fund.	18017

Except as otherwise provided in division (A)(2) of this	18018
section, no request for foreclosure or notice of intent to	18019
foreclose, as the case may be, shall be filed by any person other	18020
than the person shown on the tax certificate register to be the	18021
certificate holder or a private attorney for that person properly	18022
authorized to act in that person's behalf.	18023

(2) Upon registration of a security interest with the county	18024
treasurer ~~as provided in section 5721.32 or 5721.33 of the Revised~~	18025
~~Code~~, both of the following apply:	18026

(a) No purchaser or transferee of a tax certificate may	18027
transfer that tax certificate except upon presentation to the	18028
treasurer of instructions signed by the secured party authorizing	18029
such action.	18030

(b) Only the secured party may issue a request for	18031
foreclosure or notice of intent to foreclose concerning that tax	18032
certificate.	18033

(B)(1) Application may be made to the county treasurer for a	18034
duplicate certificate if a certificate is alleged by affidavit to	18035
have been lost or destroyed. The treasurer shall issue a duplicate	18036
certificate, upon payment of a fee of twenty dollars to cover the	18037
costs of issuing the duplicate certificate. The treasurer shall	18038
deposit the fee in the county treasury to the credit of the tax	18039
certificate administration fund.	18040

(2) The duplicate certificate shall be plainly marked or	18041
stamped "duplicate."	18042

(3) The treasurer shall enter the fact of the duplicate in	18043
the tax certificate register ~~of certificate holders~~.	18044

Sec. 5721.37. (A)(1) With respect to a tax certificate	18045
purchased under section 5721.32 of the Revised Code, or under	18046
section 5721.42 of the Revised Code ~~in counties to which~~by the	18047
holder of a certificate issued under section 5721.32 of the	18048
Revised Code ~~applies~~, at any time after one year from the date	18049
shown on the tax certificate as the date the tax certificate was	18050
sold, and not later than three years after that date, the	18051
certificate holder may file with the county treasurer a request	18052
for foreclosure, or a private attorney on behalf of the	18053
certificate holder may file with the county treasurer a notice of	18054
intent to foreclose, on a form prescribed by the tax commissioner	18055
~~and provided by the county treasurer~~, provided the certificate	18056
parcel has not ~~yet~~ been redeemed under division (A) or (C) of	18057
section 5721.38 of the Revised Code and at least one certificate	18058
respecting the certificate parcel, held by the certificate holder	18059
filing the request for foreclosure or notice of intent to	18060
foreclose and eligible to be enforced through a foreclosure	18061
proceeding, has not been voided under section 5721.381 of the	18062
Revised Code.	18063

(2) With respect to a tax certificate purchased under section	18064
5721.33 of the Revised Code, or under section 5721.42 of the	18065
Revised Code ~~in counties to which~~by the holder of a certificate	18066
issued under section 5721.33 of the Revised Code ~~applies~~, at any	18067
time after one year from the date shown on the tax certificate as	18068
the date the tax certificate was sold, and not later than six	18069
years after that date or any extension of that date pursuant to	18070
division (C)(2) of section 5721.38 of the Revised Code, or not	18071
earlier or later than the dates negotiated by the county treasurer	18072
and specified in the tax certificate sale/purchase agreement, the	18073
certificate holder may file with the county treasurer a request	18074
for foreclosure, or a private attorney on behalf of the	18075
certificate holder may file with the county treasurer a notice of	18076
intent to foreclose, on a form prescribed by the tax commissioner	18077
~~and provided by the county treasurer~~, provided the parcel has not	18078
~~yet~~ been redeemed under division (A) or (C) of section 5721.38 of	18079
the Revised Code and at least one certificate respecting the	18080
certificate parcel, held by the certificate holder filing the	18081
request for foreclosure or notice of intent to foreclose and	18082
eligible to be enforced through a foreclosure proceeding, has not	18083
been voided under section 5721.381 of the Revised Code.	18084

(3)(a) With respect to a tax certificate purchased under	18085
section 5721.32 of the Revised Code, or under section 5721.42 of	18086
the Revised Code ~~in counties to which~~by the holder of a	18087
certificate issued under section 5721.32 of the Revised Code	18088
~~applies~~, if, before the expiration of three years after the date a	18089
tax certificate was sold, the owner of the property for which the	18090
certificate was sold files a petition in bankruptcy, the county	18091
treasurer, upon being notified of the filing of the petition,	18092
shall notify the certificate holder by ordinary first-class or	18093
certified mail or by binary means of the filing of the petition.	18094
~~If the owner of the property files a petition in bankruptcy, the~~	18095
It is the obligation of the certificate holder to file a proof of	18096
claim with the bankruptcy court to protect the holder's interest	18097
in the certificate parcel. The last day on which the certificate	18098
holder may file a request for foreclosure or the private	18099
attorney may file a notice of intent to foreclose is the later	18100
of three years after the date the certificate was sold or one	18101
hundred eighty days after the ~~bankruptcy case is closed~~	18102
certificate parcel is no longer property of the bankruptcy	18103
estate; however, the three-year period ~~being~~ measured from the	18104
date ~~that~~ the certificate was sold is tolled while the ~~owner of~~	18105
~~the property's petition in bankruptcy is being heard and~~property	18106
owner's bankruptcy case remains open.	18107

(b) With respect to a tax certificate purchased under section	18108
5721.33 of the Revised Code, or under section 5721.42 of the	18109
Revised Code ~~in counties to which~~by the holder of a certificate	18110
issued under section 5721.33 of the Revised Code ~~applies~~, if,	18111
before ~~the expiration of~~ six years after the date a tax	18112
certificate was sold or before the date negotiated by the county	18113
treasurer, the owner of the property files a petition in	18114
bankruptcy, the county treasurer, upon being notified of the	18115
filing of the petition, shall notify the certificate holder by	18116
ordinary first-class or certified mail or by binary means of the	18117
filing of the petition. ~~If the owner of the property files a~~	18118
~~petition in bankruptcy, the~~It is the obligation of the	18119
certificate holder to file a proof of claim with the bankruptcy	18120
court to protect the holder's interest in the certificate parcel.	18121
The last day on which the certificate holder may file a notice of	18122
intent to foreclose is the later of six years after the date ~~that~~	18123
the tax certificate was sold or the date negotiated by the county	18124
treasurer, or one hundred eighty days after the ~~bankruptcy case~~	18125
~~is closed~~certificate parcel is no longer property of the	18126
bankruptcy estate; however, the six-year or negotiated period	18127
being measured after the date ~~that~~ the certificate was sold is	18128
tolled while the ~~owner of the property's petition in bankruptcy~~	18129
~~is being heard and~~property owner's bankruptcy case remains open.	18130

(c) Interest at the certificate rate of interest continues to	18131
accrue during any extension of time required by division (A)(3)(a)	18132
or (b) of this section unless otherwise provided under Title 11 of	18133
the United States Code.	18134

(4) If, before the expiration of three years from the date a	18135
tax certificate was sold, the owner of property for which the	18136
certificate was sold applies for an exemption under section	18137
3735.67 or 5715.27 of the Revised Code or under any other section	18138
of the Revised Code under the jurisdiction of the director of	18139
environmental protection, the county treasurer shall notify the	18140
certificate holder by ordinary first-class or certified mail or by	18141
binary means of the filing of the application. Once a	18142
determination has been made on the exemption application, the	18143
county treasurer shall notify the certificate holder of the	18144
determination by ordinary first-class or certified mail or by	18145
binary means. The last day on which the certificate holder may	18146
file a request for foreclosure shall be the later of three years	18147
from the date the certificate was sold or forty-five days after	18148
notice of the determination was ~~mailed~~provided.	18149

(B) ~~Along with~~When a request for foreclosure or a notice of	18150
intent to foreclose is filed under division (A)(1) or (2) of this	18151
section~~, or a notice of intent to foreclose filed under division~~	18152
~~(A)(2) of this section and prior to the transfer of title in~~	18153
~~connection with foreclosure proceedings filed under division (F)~~	18154
~~of this section~~, the certificate holder shall submit a payment	18155
to the county treasurer equal to the sum of the following:	18156

(1) The certificate redemption prices of all outstanding tax	18157
certificates that have been sold on the parcel, other than tax	18158
certificates held by the person requesting foreclosure;	18159

(2) Any ~~delinquent~~ taxes, assessments, penalties, interest,	18160
and charges ~~that are~~appearing on the tax duplicate charged	18161
against the certificate parcel that is the subject of the	18162
foreclosure proceedings and that are not covered by a tax	18163
certificate;	18164

(3) If the foreclosure proceedings are filed by the county	18165
prosecuting attorney pursuant to section 323.25, 5721.14, or	18166
5721.18 of the Revised Code, a fee in the amount prescribed by the	18167
county prosecuting attorney to cover the prosecuting attorney's	18168
legal costs incurred in the foreclosure proceeding;	18169

~~(4) If the foreclosure proceedings are filed by a private~~	18170
~~attorney on behalf of the certificate holder pursuant to division~~	18171
~~(F) of this section, any other prior liens~~.	18172

(C)(1) With respect to a certificate purchased under section	18173
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	18174
certificate parcel has not been redeemed and at least one	18175
certificate respecting the certificate parcel, held by the	18176
certificate holder filing the request for foreclosure and	18177
eligible to be enforced through a foreclosure proceeding, has not	18178
been voided under section 5721.381 of the Revised Code, the	18179
county treasurer, within five days after receiving a foreclosure	18180
request and the payment required under division (B) of this	18181
section, shall ~~inform~~certify notice to that effect to the county	18182
prosecuting attorney ~~that the parcel has not been redeemed~~ and	18183
shall provide a copy of the foreclosure request. The county	18184
treasurer also shall send notice by ordinary first class or	18185
certified mail to all certificate holders other than the	18186
certificate holder requesting foreclosure that foreclosure has	18187
been requested by a certificate holder and that payment for the	18188
tax certificates ~~for the certificate parcel may be redeemed~~is	18189
forthcoming. Within ninety days of receiving the copy of the	18190
foreclosure request, the prosecuting attorney shall commence a	18191
foreclosure proceeding in the name of the county treasurer in the	18192
manner provided under section 323.25, 5721.14, or 5721.18 of the	18193
Revised Code, to ~~foreclose~~enforce the lien vested in the	18194
certificate holder by the certificate. The prosecuting attorney	18195
shall attach to the complaint the foreclosure request and the	18196
county treasurer's written certification ~~that the parcel has not~~	18197
~~been redeemed~~.	18198

(2) With respect to a certificate purchased under section	18199
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	18200
certificate parcel has not been redeemed ~~and~~, at least one	18201
certificate respecting the certificate parcel, held by the	18202
certificate holder filing the notice of intent to foreclose and	18203
eligible to be enforced through a foreclosure proceeding, has not	18204
been voided under section 5721.381 of the Revised Code, a notice	18205
of intent to foreclose has been filed, and the payment required	18206
under division (B) of this section has been made, the county	18207
treasurer shall ~~provide certification~~certify notice to that	18208
effect to the private attorney ~~that the parcel has not been~~	18209
~~redeemed~~. The county treasurer also shall send notice by ordinary	18210
first class or certified mail or by binary means to all	18211
certificate holders other than the certificate holder represented	18212
by the attorney that a notice of intent to foreclose has been	18213
filed and that payment for the tax certificates ~~for the~~	18214
~~certificate parcel may be redeemed~~is forthcoming. After receipt	18215
of ~~that~~the treasurer's certification and not later than one	18216
hundred twenty days after the filing of the intent to foreclose	18217
or the number of days specified under the terms of a negotiated	18218
sale under section 5721.33 of the Revised Code, the private	18219
attorney ~~may~~shall commence a foreclosure proceeding in the name	18220
of the certificate holder in the manner provided under division	18221
(F) of this section, to ~~foreclose~~enforce the lien vested in the	18222
certificate holder by the certificate. The private attorney shall	18223
attach to the complaint the notice of intent to foreclose and the	18224
county treasurer's written certification ~~that the parcel has not~~	18225
~~been redeemed~~.	18226

(D) The county treasurer shall credit the amount received	18227
under division (B)(1) of this section to the tax certificate	18228
redemption fund. The tax certificates respecting the payment shall	18229
be ~~redeemed~~paid as provided in division ~~(E)~~(D) of section 5721.38	18230
of the Revised Code. The amount received under division (B)(2) of	18231
this section shall be distributed to the taxing districts to which	18232
the ~~delinquencies~~delinquent and unpaid amounts are owed. The	18233
county treasurer shall deposit the fee received under division	18234
(B)(3) of this section in the county treasury to the credit of	18235
the delinquent tax and assessment collection fund. ~~The amount~~	18236
~~received under division (B)(4) of this section shall be~~	18237
~~distributed to the holder of the prior lien.~~	18238

(E)(1) If, in the case of a certificate purchased under	18239
section 5721.32 ~~or 5721.42~~ of the Revised Code, or under section	18240
5721.42 of the Revised Code by the holder of a certificate issued	18241
under section 5721.32 of the Revised Code, the certificate holder	18242
does not file with the county treasurer a request for foreclosure	18243
or a notice of intent to foreclose ~~along~~ with the required payment	18244
within three years after the date shown on the tax certificate as	18245
the date the certificate was sold or within the period provided	18246
under division (A)(3)(a) of this section, and during that ~~period~~	18247
time the certificate has not been voided under section 5721.381 of	18248
the Revised Code and the parcel ishas not been redeemed or	18249
foreclosed upon, the certificate holder's lien against the parcel	18250
~~for the certificate redemption price~~ is canceled, and the	18251
certificate is voided.	18252

(2)(a) If, in the case of a certificate purchased under	18253
section 5721.33 of the Revised Code, or under section 5721.42 of	18254
the Revised Code by the holder of a certificate issued under	18255
section 5721.33 of the Revised Code, the certificate holder does	18256
not file with the county treasurer a request for foreclosure or a	18257
notice of intent to foreclose with respect to a certificate parcel	18258
with the required payment within six years after the date shown	18259
on the tax certificate as the date the certificate was sold or	18260
any extension of that date pursuant to division (C)(2) of section	18261
5721.38 of the Revised Code, or within the period provided under	18262
division (A)(3)(b) of this section or as specified under the	18263
terms of a negotiated sale under section 5721.33 of the Revised	18264
Code, and during that ~~period~~time the ~~parcel is not redeemed~~	18265
certificate has not been voided under section 5721.381 of the	18266
Revised Code and the certificate parcel has not been redeemed or	18267
foreclosed upon, the certificate holder's lien against the parcel	18268
~~for the amount of delinquent taxes, assessments, penalties,~~	18269
~~interest, and charges that make up the certificate purchase~~	18270
~~price~~ is canceled and the certificate is voided, subject to	18271
division (E)(2)(b) of this section.	18272

(b) In the case of any tax certificate purchased under	18273
section 5721.33 of the Revised Code prior to October 10, 2000, the	18274
county treasurer, upon application by the certificate holder, may	18275
sell to the certificate holder a new certificate extending the	18276
three-year period prescribed by division (E)(2) of this section,	18277
as that division existed prior to October 10, 2000, to six years	18278
after the date shown on the original certificate as the date it	18279
was sold or any extension of that date. The county treasurer and	18280
the certificate holder shall negotiate the premium, in cash, to be	18281
paid for the new certificate sold under this section. If the	18282
county treasurer and certificate holder do not negotiate a	18283
mutually acceptable premium, the county treasurer and certificate	18284
holder may agree to engage a person experienced in the valuation	18285
of financial assets to appraise a fair premium for the new	18286
certificate. The certificate holder has the option to purchase the	18287
new certificate for the fair premium so appraised. Not less than	18288
one-half of the fee of the person so engaged shall be paid by the	18289
certificate holder requesting the new certificate; the remainder	18290
of the fee shall be paid from the proceeds of the sale of the new	18291
certificate. If the certificate holder does not purchase the new	18292
certificate for the premium so appraised, the certificate holder	18293
shall pay the entire fee. The county treasurer shall credit the	18294
remaining proceeds from the sale to the items of taxes,	18295
assessments, penalties, interest, and charges in the order in	18296
which they became due.	18297

A certificate issued under this division vests in the	18298
certificate holder and its secured party, if any, the same rights,	18299
interests, privileges, and immunities as are vested by the	18300
original certificate under sections 5721.30 to 5721.43 of the	18301
Revised Code, except that interest payable under division (B) of	18302
section 5721.38 or division ~~(B)~~(D)(2) of section 5721.39 of the	18303
Revised Code shall be subject to the amendments to those divisions	18304
by Sub. H.B. 533 of the 123rd general assembly. The certificate	18305
shall be issued in the same form as the form prescribed for the	18306
original certificate issued except for any modifications	18307
necessary, in the county treasurer's discretion, to reflect the	18308
extension under this division of the certificate holder's lien to	18309
six years after the date shown on the original certificate as the	18310
date it was sold or any extension of that date. The certificate	18311
holder may record a certificate issued under division (E)(2)(b) of	18312
this section or memorandum thereof as provided in division (B) of	18313
section 5721.35 of the Revised Code, and the county recorder shall	18314
index the certificate and record any subsequent cancellation of	18315
the lien as provided in that section. The sale of a certificate	18316
extending the lien under division (E)(2)(b) of this section does	18317
not impair the right of redemption of the owner of record of the	18318
certificate parcel or of any other person entitled to redeem the	18319
property.	18320

(3) If the holder of a certificate purchased under section	18321
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	18322
of intent to foreclose to the county treasurer but fails to file a	18323
foreclosure action in a court of competent jurisdiction within the	18324
time specified in division (C)(2) of this section, the liens	18325
represented by all tax certificates respecting the certificate	18326
parcel held by that certificate holder, and for which the deadline	18327
for filing a notice of intent to foreclose has passed, are	18328
canceled and the certificates voided, and the certificate holder	18329
forfeits the payment of the amounts described in division (B)(2)	18330
of this section.	18331

(F) With respect to tax certificates purchased under section	18332
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	18333
delivery to the ~~certificate holder~~private attorney by the county	18334
treasurer of the certification provided for under division (C)(2)	18335
of this section, athe private attorney ~~may~~shall institute a	18336
foreclosure proceeding under this division in the name of the	18337
certificate holder to ~~foreclose such~~enforce the holder's lien, in	18338
any court with jurisdiction, unless the certificate redemption	18339
price is paid prior to the time a complaint is filed. The	18340
attorney shall prosecute the proceeding to final judgment and	18341
satisfaction, whether through sale of the property or the vesting	18342
of title and possession in the certificate holder.	18343

The foreclosure proceedings under this division, except as	18344
otherwise provided in this division, shall be instituted and	18345
prosecuted in the same manner as is provided by law for the	18346
foreclosure of mortgages on land, except that, if service by	18347
publication is necessary, such publication shall be made once a	18348
week for three consecutive weeks and the service shall be complete	18349
at the expiration of three weeks after the date of the first	18350
publication.	18351

Any notice given under this division shall include the name	18352
of the owner of the parcel as last set forth in the records of the	18353
county recorder, the owner's last known mailing address, the	18354
address of the subject parcel if different from that of the owner,	18355
and a complete legal description of the subject parcel. In any	18356
county that has adopted a permanent parcel number system, such	18357
notice may include the permanent parcel number in addition to a	18358
complete legal description.	18359

It is sufficient, having been made a proper party to the	18360
foreclosure proceeding, for the certificate holder to allege in	18361
such holder's complaint that the tax certificate has been duly	18362
purchased by the certificate holder, that the certificate	18363
redemption price ~~appearing to be due and unpaid~~ is due and unpaid,	18364
and that there is a lien against the property described in the tax	18365
certificate, without setting forth in such holder's complaint any	18366
other special matter relating to the foreclosure proceeding. The	18367
~~prayer of the complaint shall be that the court issue an order~~	18368
~~that the property be sold by the sheriff or, if the action is in~~	18369
~~the municipal court, by the bailiff,~~complaint shall pray for an	18370
order directing the sheriff, or the bailiff if the complaint is	18371
filed in municipal court, to offer the property for sale in the	18372
manner provided in section 5721.19 of the Revised Code, unless the	18373
complaint ~~includes an appraisal by an independent appraiser~~	18374
~~acceptable to~~documents that the ~~court~~county auditor has	18375
determined that the true value of the certificate parcel is less	18376
than the certificate purchase price. In that case, the prayer of	18377
the complaint shall berequest that fee simple title to the	18378
property be transferred to and vested in the certificate holder	18379
free and clear of all subordinate liens.	18380

In the foreclosure proceeding, the certificate holder may	18381
join in one action any number of tax certificates relating to the	18382
same owner~~, provided that all parties on each of the tax~~	18383
~~certificates are identical as to name and priority of interest~~.	18384
However, the decree for each tax certificate shall be rendered	18385
separately and any proceeding may be severed, in the discretion of	18386
the court, for the purpose of trial or appeal. ~~The~~Upon	18387
confirmation of sale, the court shall order payment of all costs	18388
related directly or indirectly to ~~the redemption of~~ the tax	18389
certificate, including, without limitation, attorney's fees of the	18390
holder's attorney~~, as is considered proper~~in accordance with	18391
section 5721.371 of the Revised Code. The tax certificate	18392
purchased by the certificate holder is presumptive evidence in all	18393
courts and in all proceedings, including, without limitation, at	18394
the trial of the foreclosure action, of the amount and validity of	18395
the taxes, assessments, charges, penalties by the court and added	18396
to such principal amount, and interest appearing due and unpaid	18397
and of their nonpayment.	18398

(G) ~~For the purposes of this section, "prior liens" means~~	18399
~~liens that are prior in right to the lien with respect to the tax~~	18400
~~certificate that is the subject of the foreclosure proceedings.~~	18401

~~(H)~~ If a parcel is sold under this section, the officer who	18402
conducted the sale shall collect the recording fee from the	18403
purchaser at the time of the sale and, following confirmation of	18404
the sale, shall prepare and record the deed conveying the title to	18405
the parcel to the purchaser.	18406

Sec. 5721.371. Private attorney's fees payable with respect	18407
to an action under sections 5721.30 to 5721.46 of the Revised Code	18408
are subject to the following conditions:	18409

(A) The fees must be reasonable.

18410

(B) Fees exceeding two thousand five hundred dollars shall be	18411
paid only if authorized by a court order.	18412

(C) The terms of a sale negotiated under section 5721.33 of	18413
the Revised Code may include the amount to be paid in private	18414
attorney's fees, subject to division (B) of this section.	18415

Sec. 5721.38. (A) At any time prior to payment to the county	18416
treasurer by the certificate holder to initiate foreclosure	18417
proceedings under division (B) of section 5721.37 of the Revised	18418
Code, the owner of record of the certificate parcel, or any other	18419
person entitled to redeem that parcel, may redeem the parcel by	18420
paying to the county treasurer an amount equal to the total of the	18421
certificate redemption prices of all tax certificates respecting	18422
that parcel.	18423

(B) At any time after payment to the county treasurer by the	18424
certificate holder to initiate foreclosure proceedings under	18425
section 5721.37 of the Revised Code and prior to the filing of the	18426
entry of confirmation of sale of a certificate parcel under	18427
foreclosure proceedings filed by the county prosecuting attorney	18428
or prior to the decree conveying title to the certificate holder	18429
as provided for in division (F) of section 5721.37 of the Revised	18430
Code, the owner of record of the certificate parcel or any other	18431
person entitled to redeem that parcel may redeem the parcel by	18432
paying to the county treasurer the sum of the following amounts:	18433

(1) The amount described in division (A) of this section;

18434

(2) Interest on the certificate purchase price for each tax	18435
certificate sold respecting the parcel at the rate of eighteen per	18436
cent per year for the period beginning on the day on which the	18437
payment was submitted by the certificate holder and ending on the	18438
day the parcel is redeemed under this division~~, except that such~~	18439
~~interest shall not accrue for more than three years after the day~~	18440
~~the certificate was purchased if the certificate holder did not~~	18441
~~submit payment under division (B) of section 5721.37 of the~~	18442
~~Revised Code before the end of that three-year period~~;	18443

(3) An amount equal to the sum of the county prosecuting	18444
attorney's fee under division (B)(3) of section 5721.37 of the	18445
Revised Code ~~if the tax certificate was purchased under section~~	18446
~~5721.32 or 5721.42 of the Revised Code~~plus interest on that	18447
amount at the rate of eighteen per cent per year beginning on the	18448
day on which the payment was submitted by the certificate holder	18449
and ending on the day the parcel is redeemed under this division.	18450
If the parcel is redeemed before the complaint has been filed,	18451
the prosecuting attorney shall adjust the fee to reflect services	18452
performed to the date of redemption, and the county treasurer	18453
shall calculate the interest based on the adjusted fee and refund	18454
any excess fee to the certificate holder.	18455

(4) Reasonable attorney's fees in accordance with section	18456
5721.371 of the Revised Code if the certificate holder retained a	18457
private attorney to foreclose the lien;	18458

(5) Any other costs and fees of the proceeding allocable to	18459
the certificate parcel as determined by the court. ~~Upon~~	18460

The county treasurer may collect the total amount due under	18461
divisions (B)(1) to (5) of this section in the form of guaranteed	18462
funds acceptable to the treasurer. Immediately upon receipt of	18463
such payments, the county treasurer shall ~~refund the payment made~~	18464
byreimburse the certificate holder ~~to initiate~~who initiated	18465
foreclosure proceedings as provided in division (D) of this	18466
section. The county treasurer shall pay the certificate holder	18467
interest at the rate of eighteen per cent per year on amounts	18468
paid under divisions (B)(2) and (3) of section 5721.37 of the	18469
Revised Code, beginning on the day the certificate holder paid	18470
the amounts under those divisions and ending on the day the	18471
parcel is redeemed under this section.	18472

(C)(1) During the period beginning on the date a tax	18473
certificate is sold under section 5721.32 of the Revised Code and	18474
ending one year from that date, the county treasurer may enter	18475
into a redemption payment plan with the owner of record of the	18476
certificate parcel or any other person entitled to redeem that	18477
parcel. The plan shall require the owner or other person to pay	18478
the certificate redemption price for the tax certificate in	18479
installments, with the final installment due no later than one	18480
year after the date the tax certificate is sold. The certificate	18481
holder may at any time, by written notice to the county treasurer,	18482
agree to accept installments collected to the date of notice as	18483
payment in full. Receipt of such notice by the treasurer shall	18484
constitute satisfaction of the payment plan and redemption of the	18485
tax certificate.	18486

(2) During the period beginning on the date a tax certificate	18487
is sold under section 5721.33 of the Revised Code and ending on	18488
the date the decree is rendered on the foreclosure proceeding	18489
under division (F) of section 5721.37 of the Revised Code, the	18490
owner of record of the certificate parcel, or any other person	18491
entitled to redeem that parcel, may enter into a redemption	18492
payment plan with the certificate holder and all secured parties	18493
of the certificate holder. The plan shall require the owner or	18494
other person to pay the certificate redemption price for the tax	18495
certificate, an administrative fee not to exceed one hundred	18496
dollars per year, and the actual fees and costs incurred, in	18497
installments, with the final installment due no later than ~~three~~	18498
six years after the date the tax certificate is sold. The	18499
certificate holder shall give written notice of the plan to the	18500
applicable county treasurer within sixty days after entering into	18501
the plan and written notice of default under the plan within	18502
ninety days after the default. If such a plan is entered into, the	18503
time period for filing a request for foreclosure or a notice of	18504
intent to foreclose under section 5721.37 of the Revised Code is	18505
extended by the length of time the plan is in effect and not in	18506
default.	18507

(D)(1) Immediately upon receipt of full payment under	18508
division (A) or (B) of this section, the county treasurer shall	18509
make an entry to that effect in the tax certificate register,	18510
credit the payment to the tax certificate redemption fund created	18511
in the county treasury, and shall notify ~~each~~the certificate	18512
holder or holders by ordinary first class or certified mail,	18513
~~return receipt requested,~~or by binary means that the parcel has	18514
been redeemed and the lien or liens canceled, and that ~~the tax~~	18515
~~certificates may be redeemed. The county treasurer shall deposit~~	18516
~~into the tax certificate redemption fund created in the county~~	18517
~~treasury an amount equal to the total of the certificate~~	18518
~~redemption prices, together with interest on the certificate~~	18519
~~purchase price for each tax certificate sold respecting the parcel~~	18520
~~at the rate of eighteen per cent per year paid under division (B)~~	18521
~~of this section for the period beginning when the payment was~~	18522
~~submitted by the certificate holder under division (B) of section~~	18523
~~5721.37 of the Revised Code and ending when the parcel was~~	18524
~~redeemed. The~~payment on the certificate or certificates is	18525
forthcoming. The treasurer shall pay the tax certificate holder	18526
or holders promptly.	18527

The county treasurer shall administer the tax certificate	18528
redemption fund for the purpose of redeeming tax certificates.	18529
Interest earned on the fund shall be credited to the county	18530
general fund.	18531

(2) If a redemption payment plan is entered into pursuant to	18532
division (C)(1) of this section, the county treasurer immediately	18533
shall notify each certificate holder by ordinary first class or	18534
certified mail~~, return receipt requested,~~or by binary means of	18535
the terms of the plan. Installment payments made pursuant to the	18536
plan shall be deposited in the tax certificate redemption fund.	18537
Any overpayment of the installments shall be refunded to the	18538
person responsible for causing the overpayment if the person	18539
applies for a refund under this section. If the person responsible	18540
for causing the overpayment fails to apply for a refund under this	18541
section within five years from the date the plan is satisfied, an	18542
amount equal to the overpayment shall be deposited into the	18543
general fund of the county.	18544

Upon satisfaction of the plan, the county treasurer shall	18545
indicate in the tax certificate register that the plan has been	18546
satisfied, and shall notify each certificate holder by ordinary	18547
first class or certified mail~~, return receipt requested,~~or by	18548
binary means that the plan has been satisfied and that ~~tax~~	18549
~~certificates may be redeemed~~payment on the certificate or	18550
certificates is forthcoming. The treasurer shall pay each	18551
certificate holder promptly.	18552

If a redemption payment plan becomes void, the county	18553
treasurer ~~immediately~~ shall notify each certificate holder by	18554
ordinary first class or certified mail~~, return receipt requested~~	18555
or by binary means. If a certificate holder files a request for	18556
foreclosure under section 5721.37 of the Revised Code, upon the	18557
filing of the request for foreclosure, any money paid under the	18558
plan shall be refunded to the person that paid the money under	18559
the plan.	18560

~~(E) To redeem a tax certificate with respect to which payment~~	18561
~~has been made in full under division (A), (B), or (C)(1) of this~~	18562
~~section or division (B)(1) of section 5721.37 of the Revised~~	18563
~~Code, the certificate holder shall present the tax certificate to~~	18564
~~the county treasurer, who shall prepare the redemption~~	18565
~~information. Upon presentation, the county auditor shall draw a~~	18566
~~warrant on the tax certificate redemption fund in the amount of~~	18567
~~the certificate redemption price and any applicable interest~~	18568
~~payable at the rate of eighteen per cent annually on the~~	18569
~~certificate under division (B) of this section. For a parcel that~~	18570
~~was redeemed under division (B) of this section, the certificate~~	18571
~~holder who paid the amounts under division (B) of section 5721.37~~	18572
~~of the Revised Code shall be reimbursed for those amounts,~~	18573
~~together with interest at the rate of eighteen per cent per year~~	18574
~~on the amount paid under division (B)(1) of that section for the~~	18575
~~period beginning when the payment was submitted by the~~	18576
~~certificate holder under division (B) of that section and ending~~	18577
~~when the parcel was redeemed. The treasurer shall mark all copies~~	18578
~~of the tax certificate "redeemed" and return the certificate to~~	18579
~~the certificate holder. The canceled certificate shall serve as~~	18580
~~a receipt evidencing redemption of the tax certificate. If a~~	18581
~~certificate holder fails to redeem a tax certificate within five~~	18582
~~years after notice is served under division (D) of this section~~	18583
~~that tax certificates may be redeemed, an amount equal to the~~	18584
~~certificate redemption price and any applicable interest payable~~	18585
~~at the rate of eighteen per cent annually on the certificate under~~	18586
~~division (B) of this section shall be deposited into the general~~	18587
~~fund of the county.~~	18588

(3) Upon receipt of the payment required under division	18589
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	18590
pay all other certificate holders and indicate in the tax	18591
certificate register that such certificates have been satisfied.	18592

Sec. 5721.381. (A) At any time prior to payment to the county	18593
treasurer by a certificate holder to initiate foreclosure	18594
proceedings under division (B) of section 5721.37 of the Revised	18595
Code, the owner of record of the certificate parcel or any other	18596
person entitled to redeem that parcel may pay the county treasurer	18597
the certificate redemption price for the tax certificate with the	18598
oldest lien against the parcel. Such a payment cancels that lien	18599
and voids the certificate. Upon receipt of the payment, the	18600
county treasurer shall make an entry to that effect in the tax	18601
certificate register, shall deposit the payment to the credit of	18602
the tax certificate redemption fund, and shall notify the	18603
certificate holder by ordinary first class or certified mail or by	18604
binary means that the lien has been canceled and that payment on	18605
the certificate is forthcoming. The treasurer shall pay the	18606
holder of that certificate promptly.	18607

(B) A person who makes a payment to the county treasurer	18608
under division (A) of this section for the tax certificate with	18609
the oldest lien may make additional payments under that division	18610
for other tax certificates related to the parcel, in priority	18611
order based on the earliest date of attachment of the liens.	18612

(C) A property owner or other person shall make, and the	18613
county treasurer shall accept and apply, payments under this	18614
section only in priority order based on the earliest date of	18615
attachment of the liens.	18616

Sec. 5721.39. (A) In its judgment of foreclosure rendered	18617
~~with respect to~~in actions filed pursuant to section 5721.37 of	18618
the Revised Code, the court shall enter a finding that includes	18619
all of the following with respect to the certificate parcel of	18620
~~the~~:	18621

(1) The amount of the sum of the certificate redemption	18622
prices ~~respecting~~for all the tax certificates sold against the	18623
parcel; ~~interest~~	18624

(2) Interest on the certificate purchase prices of ~~those~~all	18625
certificates at the rate of eighteen per cent per year for the	18626
period beginning on the day on which the payment was submitted by	18627
the certificate holder under division (B) of section 5721.37 of	18628
the Revised Code;	18629

(3) The amount paid under division (B)(2) of section	18630
5721.37 of the Revised Code, plus interest at the rate of eighteen	18631
per cent per year for the period beginning on the day the	18632
certificate holder filed a request for foreclosure or a notice of	18633
intent to foreclose under division (A) of that section; ~~any~~	18634

(4) Any delinquent taxes~~, assessments, penalties, interest,~~	18635
~~and charges~~ on the parcel that are not covered by a ~~tax~~	18636
~~certificate~~payment under division (B)(2) of section 5721.37 of	18637
the Revised Code; ~~and fees~~	18638

(5) Fees and costs incurred in the foreclosure proceeding	18639
instituted against the parcel, including, without limitation, the	18640
fees and costs of the prosecuting attorney represented by the fee	18641
paid under division (B)(3) of section 5721.37 of the Revised Code,	18642
plus interest as provided in division (D)(2)(d) of this section,	18643
or the fees and costs of the private attorney representing the	18644
certificate holder, and charges paid or incurred in procuring	18645
title searches and abstracting services relative to the subject	18646
premises. ~~The~~	18647

(B) The court may order the certificate parcel to be sold,	18648
without appraisal and as set forth in the prayer of the complaint,	18649
for not less than the amount of its finding, or, in the event ~~that~~	18650
~~the court finds~~ that the true value of the certificate parcel as	18651
determined by the county auditor is less than the certificate	18652
~~purchase~~redemption price, the court may, as prayed for in the	18653
complaint, issue a decree transferring fee simple title free and	18654
clear of all subordinate liens to the certificate holder. A decree	18655
of the court transferring fee simple title to the certificate	18656
holder is forever a bar to all rights of redemption with respect	18657
to the certificate parcel.	18658

(C) Each certificate parcel shall be advertised and sold by	18659
the officer to whom the order of sale is directed in the manner	18660
provided by law for the sale of real property on execution. The	18661
advertisement for sale of certificate parcels shall be published	18662
once a week for three consecutive weeks and shall include the date	18663
on which a second sale will be conducted if no bid is accepted at	18664
the first sale. Any number of parcels may be included in one	18665
advertisement.	18666

Whenever the officer charged to conduct the sale offers a	18667
certificate parcel for sale and no bids are made equal to at least	18668
the amount of the court's finding, the officer shall adjourn the	18669
sale of the parcel to the second date that was specified in the	18670
advertisement of sale. The second sale shall be held at the same	18671
place and commence at the same time as set forth in the	18672
advertisement of sale. The officer shall offer any parcel not sold	18673
at the first sale. Upon the conclusion of any sale, or if any	18674
parcel remains unsold after being offered at two sales, the	18675
officer conducting the sale shall report the results to the court.	18676

(D) Upon the confirmation of a sale, the proceeds of the sale	18677
shall be applied as follows:	18678

~~(A)~~(1) The fees and costs incurred in the proceeding filed	18679
against the parcel pursuant to section 5721.37 of the Revised Code	18680
~~, not including~~shall be paid first, including attorney's fees of	18681
the certificate holder's attorney payable under division (F) of	18682
that section, or the county prosecutor's costs covered by the fee	18683
paid by the certificate holder under division (B)(3) of that	18684
section~~, shall be paid first~~.	18685

~~(B)~~(2) Following the payment required by division ~~(A)~~(D)(1)	18686
of this section, the certificate holder that ~~requested the~~	18687
~~foreclosure~~filed the notice of intent to foreclose or request for	18688
foreclosure with the county treasurer shall be paid the sum of the	18689
following amounts:	18690

~~(1)~~(a) The sum of the amount found due for the certificate	18691
redemption prices of all the tax certificates~~, other than those~~	18692
~~certificates described in division (B)(1) of section 5721.37 of~~	18693
~~the Revised Code,~~ that are sold against the parcel ~~to the~~	18694
~~certificate holder requesting a notice of foreclosure~~;	18695

~~(2)~~(b) Any premium paid by the certificate holder at the time	18696
of purchase;	18697

~~(3)~~(c) Interest on the amounts paid by the certificate holder	18698
under division (B)(1) of section 5721.37 of the Revised Code at	18699
the rate of eighteen per cent per year beginning on the day on	18700
which the payment was submitted by the certificate holder to the	18701
county treasurer and ending on the day immediately preceding the	18702
day on which the proceeds of the foreclosure sale are paid to the	18703
certificate holder;	18704

~~(4)~~(d) Interest on the amounts paid by the certificate holder	18705
under divisions (B)(2) and (3) of section 5721.37 of the Revised	18706
Code at the rate of eighteen per cent per year beginning on the	18707
day on which the payment was submitted by the certificate holder	18708
under divisions (B)(2) and (3) of that section ~~5721.37 of the~~	18709
~~Revised Code~~ and ending on the day immediately preceding the day	18710
on which the proceeds of the foreclosure sale are paid to the	18711
certificate holder pursuant to this section, except that such	18712
interest shall not accrue for more than three years if the	18713
certificate was sold under section 5721.32 of the Revised Code,	18714
or under section 5721.42 of the Revised Code by the holder of a	18715
certificate issued under section 5721.32 of the Revised Code, or	18716
more than six years if the certificate was sold under section	18717
5721.33 of the Revised Code, or under section 5721.42 of the	18718
Revised Code by the holder of a certificate issued under section	18719
5721.33 of the Revised Code, after the day the amounts were paid	18720
by the certificate holder under divisions (B)(2) and (3) of	18721
section 5721.37 of the Revised Code ~~if the certificate holder did~~	18722
~~not submit that payment before the end of that six-year period~~;	18723

~~(5)~~(e) The amounts paid by the certificate holder under	18724
divisions (B)(1), (2), and (3) of section 5721.37 of the Revised	18725
Code.	18726

~~(C)~~(3) Following the payment required by division ~~(B)~~(D)(2)	18727
of this section, any amount due for taxes, assessments, charges,	18728
penalties, and interest not covered by the tax certificate	18729
holder's payment under division (B)(2) of section 5721.37 of the	18730
Revised Code shall be paid, including all taxes, assessments,	18731
charges, penalties, and interest payable subsequent to the entry	18732
of the finding and prior to the transfer of the deed of the parcel	18733
to the purchaser following confirmation of sale. If the proceeds	18734
available for distribution pursuant to this division are	18735
insufficient to pay the entire amount of those taxes, assessments,	18736
charges, penalties, and interest, the proceeds shall be paid to	18737
each claimant in proportion to the amount of those taxes,	18738
assessments, charges, penalties, and interest that each is due,	18739
and those taxes, assessments, charges, penalties, and interest are	18740
deemed satisfied and shall be removed from the tax list and	18741
duplicate.	18742

(4) Any residue of money from proceeds of the sale shall be	18743
disposed of as prescribed by section 5721.20 of the Revised Code.	18744

(E) Unless the parcel previously was redeemed pursuant to	18745
section 5721.25 or 5721.38 of the Revised Code, upon the filing of	18746
the entry of confirmation of sale, the title to the parcel is	18747
incontestable in the purchaser and is free and clear of all liens	18748
and encumbrances, except a federal tax lien, notice of which lien	18749
is properly filed in accordance with section 317.09 of the Revised	18750
Code prior to the date that a foreclosure proceeding is instituted	18751
pursuant to section 5721.37 of the Revised Code, and which lien	18752
was foreclosed in accordance with 28 U.S.C.A. 2410(c), and except	18753
for the easements and covenants of record running with the land or	18754
lots that were created prior to the time the taxes or assessments,	18755
for the nonpayment of which a tax certificate was issued and the	18756
parcel sold at foreclosure, became due and payable.	18757

The title shall not be invalid because of any irregularity,	18758
informality, or omission of any proceedings under this chapter or	18759
in any processes of taxation, if such irregularity, informality,	18760
or omission does not abrogate the provision for notice to holders	18761
of title, lien, or mortgage to, or other interests in, such	18762
foreclosed parcels, as prescribed in this chapter.	18763

Sec. 5721.40. If any tax certificate parcel is twice offered	18764
for sale pursuant to section 5721.39 of the Revised Code and	18765
remains unsold for want of bidders, the officer who conducted the	18766
sales shall certify to the court that the parcel remains unsold	18767
after two sales. The court, by entry, shall order the parcel	18768
forfeited to the certificate holder who filed the request for	18769
foreclosure or notice of intent to foreclose under section 5721.37	18770
of the Revised Code. The clerk of the court shall certify copies	18771
of the court's order to the county treasurer. The county treasurer	18772
shall notify the certificate holder by ordinary and certified	18773
mail, return receipt requested, that the parcel remains unsold,	18774
and shall instruct the certificate holder of the manner in which	18775
the holder shall obtain the deed to the parcel. The officer who	18776
conducted the sales shall prepare and record the deed conveying	18777
title to the parcel to the certificate holder.	18778

Upon transfer of the deed to the certificate holder under	18779
this section, all right, title, claim, and interest in the	18780
certificate parcel are transferred to and vested in the	18781
certificate holder. The title to the parcel is incontestable in	18782
the certificate holder and is free and clear of all liens and	18783
encumbrances, except the following:	18784

(A) A federal tax lien, notice of which was properly filed in	18785
accordance with section 317.09 of the Revised Code prior to the	18786
date that the foreclosure proceeding was instituted under section	18787
5721.37 of the Revised Code and which was foreclosed in accordance	18788
with 28 U.S.C. 2410(c);	18789

(B) Easements and covenants of record running with the land	18790
that were created prior to the time the taxes or assessments, for	18791
the nonpayment of which a tax certificate was issued, became due	18792
and payable.	18793

Sec. 5721.41. ~~Interest~~All interest required under sections	18794
5721.30 to 5721.43 of the Revised Code is simple interest, to be	18795
calculated on a principal amount and not compounded on earned	18796
interest. The interest charged shall equal one-twelfth of the	18797
annual interest rate multiplied by the principal amount. Interest	18798
charges under those sections shall accrue on a monthly basis, on	18799
the first day of the month following the beginning of the period	18800
during which interest accrues and on the first day of each	18801
subsequent month. Notwithstanding the preceding sentence, the six	18802
per cent charge described in division (E)(1)(b) of section	18803
5721.30 of the Revised Code shall apply even if the tax	18804
certificate is redeemed before the first day of the month	18805
following the date that the certificate is purchased.	18806

Sec. 5721.42. ~~Not less than sixty nor more than ninety days~~	18807
~~following the date set by~~After the settlement required under	18808
division (C) of section ~~323.12 or 323.17~~321.24 of the Revised	18809
Code ~~for the payment of the second installment of current taxes~~,	18810
the county treasurer shall notify the certificate holder of the	18811
most recently issued tax certificate, by ordinary first class or	18812
certified mail or by binary means, that the certificate holder	18813
may ~~pay~~purchase a subsequent tax certificate by paying all	18814
delinquent taxes~~, assessments, penalties, interest, and charges~~ on	18815
the related certificate parcel, the lien against which has not	18816
been transferred by the sale of a tax certificate. During the	18817
thirty days after receiving the notice, the certificate holder	18818
possesses the exclusive right to purchase the subsequent tax	18819
certificate by paying those amounts to the county treasurer. The	18820
amount of the payment shall constitute a separate lien against	18821
the certificate parcel that shall be evidenced by the issuance	18822
by the treasurer to the certificate holder of an additional tax	18823
certificate with respect to the delinquent taxes~~, assessments,~~	18824
~~penalties, interest, and fees~~ so paid on the related certificate	18825
parcel. The amount of the payment as set forth in the tax	18826
certificate shall earn interest at the rate of eighteen per cent	18827
per year.	18828

Sec. 5721.43. (A) NoWithout the prior written consent of the	18829
county treasurer, no person shall directly, through an agent, or	18830
otherwise, initiate contact with the owner of a parcel with	18831
respect to which the person holds a tax certificate to encourage	18832
or demand payment before one year has elapsed following the	18833
purchase of the certificate.	18834

(B) A county treasurer may bar any person who violates	18835
division (A) of this section from bidding at a tax certificate	18836
sale conducted by the treasurer.	18837

(C)(1) The attorney general or county prosecuting attorney,	18838
upon written request of a county treasurer, shall bring an action	18839
for an injunction against any person who has violated, is	18840
violating, or is threatening to violate division (A) of this	18841
section.	18842

(2) Any person who violates division (A) of this section	18843
shall be assessed a civil penalty of not more than five thousand	18844
dollars for each offense to be paid into the state treasury to the	18845
credit of the general revenue fund. Upon written request of a	18846
county treasurer, the attorney general or county prosecuting	18847
attorney shall commence an action against any such violator. Any	18848
action under this division is a civil action, governed by the	18849
Rules of Civil Procedure and other rules of practice and procedure	18850
applicable to civil actions.	18851

Sec. 5727.85. (A) By the thirty-first day of July of each	18852
year, beginning in 2002 and ending in 2016, the department of	18853
education shall determine the following for each school district	18854
and each joint vocational school district ~~eligible for payment~~	18855
~~under division (C) or (D) of this section~~:	18856

(1) The state education aid offset, which is the difference	18857
obtained by subtracting the amount described in division (A)(1)(b)	18858
of this section from the amount described in division (A)(1)(a) of	18859
this section:	18860

(a) The state education aid computed for the school district	18861
or joint vocational school district for the current fiscal year as	18862
of the thirty-first day of July;	18863

(b) The state education aid that would be computed for the	18864
school district or joint vocational school district for the	18865
current fiscal year as of the thirty-first day of July if the	18866
recognized valuation included the tax value loss for the school	18867
district or joint vocational school district.	18868

(2) The greater of zero or the difference obtained by	18869
subtracting the state education aid offset determined under	18870
division (A)(1) of this section from the fixed-rate levy loss	18871
certified under division (J) of section 5727.84 of the Revised	18872
Code for all taxing districts in each school district and joint	18873
vocational school district.	18874

By the fifth day of August of each such year, the department	18875
of education shall certify the amount so determined under division	18876
(A)(1) of this section to the director of budget and management.	18877

(B) Not later than the thirty-first day of October of the	18878
years 2006 through 2016, the department of education shall	18879
determine all of the following for each school district:	18880

(1) The amount obtained by subtracting the district's state	18881
education aid computed for fiscal year 2002 from the district's	18882
state education aid computed for the current fiscal year as of the	18883
fifteenth day of July, by including in the definition of	18884
recognized valuation the machinery and equipment, inventory,	18885
furniture and fixtures, and telephone property tax value losses,	18886
as defined in section 5751.20 of the Revised Code, for the school	18887
district or joint vocational school district for the preceding tax	18888
year;	18889

(2) The inflation-adjusted property tax loss. The	18890
inflation-adjusted property tax loss equals the fixed-rate levy	18891
loss, excluding the tax loss from levies within the ten-mill	18892
limitation to pay debt charges, determined under division (G) of	18893
section 5727.84 of the Revised Code for all taxing districts in	18894
each school district, plus the product obtained by multiplying	18895
that loss by the cumulative percentage increase in the consumer	18896
price index from January 1, 2002, to the thirtieth day of June of	18897
the current year.	18898

(3) The difference obtained by subtracting the amount	18899
computed under division (B)(1) from the amount of the	18900
inflation-adjusted property tax loss. If this difference is zero	18901
or a negative number, no further payments shall be made under	18902
division (C) of this section to the school district from the	18903
school district property tax replacement fund.	18904

(C) The department of education shall pay from the school	18905
district property tax replacement fund to each school district all	18906
of the following:	18907

(1) In February 2002, one-half of the fixed-rate levy loss	18908
certified under division (J) of section 5727.84 of the Revised	18909
Code between the twenty-first and twenty-eighth days of February.	18910

(2) From August 2002 through August 2017, one-half of the	18911
amount calculated for that fiscal year under division (A)(2) of	18912
this section between the twenty-first and twenty-eighth days of	18913
August and of February, provided the difference computed under	18914
division (B)(3) of this section is not less than or equal to zero.	18915

For taxes levied within the ten-mill limitation for debt	18916
purposes in tax year 1998 in the case of electric company tax	18917
value losses, and in tax year 1999 in the case of natural gas	18918
company tax value losses, payments shall be made equal to one	18919
hundred per cent of the loss computed as if the tax were a	18920
fixed-rate levy, but those payments shall extend from fiscal year	18921
2006 through fiscal year 2016.	18922

The department of education shall report to each school	18923
district the apportionment of the payments among the school	18924
district's funds based on the certifications under division (J) of	18925
section 5727.84 of the Revised Code.	18926

(D) Not later than January 1, 2002, for all taxing districts	18927
in each joint vocational school district, the tax commissioner	18928
shall certify to the department of education the fixed-rate levy	18929
loss determined under division (G) of section 5727.84 of the	18930
Revised Code. From February 2002 to August 2016, the department	18931
shall pay from the school district property tax replacement fund	18932
to the joint vocational school district one-half of the amount	18933
calculated for that fiscal year under division (A)(2) of this	18934
section between the twenty-first and twenty-eighth days of August	18935
and of February.	18936

(E)(1) Not later than January 1, 2002, for each fixed-sum	18937
levy levied by each school district or joint vocational school	18938
district and for each year for which a determination is made under	18939
division (H) of section 5727.84 of the Revised Code that a	18940
fixed-sum levy loss is to be reimbursed, the tax commissioner	18941
shall certify to the department of education the fixed-sum levy	18942
loss determined under that division. The certification shall cover	18943
a time period sufficient to include all fixed-sum levies for which	18944
the tax commissioner made such a determination. The department	18945
shall pay from the school district property tax replacement fund	18946
to the school district or joint vocational school district	18947
one-half of the fixed-sum levy loss so certified for each year	18948
between the twenty-first and twenty-eighth days of August and of	18949
February.	18950

(2) Beginning in 2003, by the thirty-first day of January of	18951
each year, the tax commissioner shall review the certification	18952
originally made under division (E)(1) of this section. If the	18953
commissioner determines that a debt levy that had been scheduled	18954
to be reimbursed in the current year has expired, a revised	18955
certification for that and all subsequent years shall be made to	18956
the department of education.	18957

(F) If the balance of the half-mill equalization fund created	18958
under section 3318.18 of the Revised Code is insufficient to make	18959
the full amount of payments required under division (D) of that	18960
section, the department of education, at the end of the third	18961
quarter of the fiscal year, shall certify to the director of	18962
budget and management the amount of the deficiency, and the	18963
director shall transfer an amount equal to the deficiency from the	18964
school district property tax replacement fund to the half-mill	18965
equalization fund.	18966

(G) Beginning in August 2002, and ending in May 2017, the	18967
director of budget and management shall transfer from the school	18968
district property tax replacement fund to the general revenue fund	18969
each of the following:	18970

(1) Between the twenty-eighth day of August and the fifth day	18971
of September, the lesser of one-half of the amount certified for	18972
that fiscal year under division (A)(2) of this section or the	18973
balance in the school district property tax replacement fund;	18974

(2) Between the first and fifth days of May, the lesser of	18975
one-half of the amount certified for that fiscal year under	18976
division (A)(2) of this section or the balance in the school	18977
district property tax replacement fund.	18978

(H) On the first day of June each year, the director of	18979
budget and management shall transfer any balance remaining in the	18980
school district property tax replacement fund after the payments	18981
have been made under divisions (C), (D), (E), (F), and (G) of this	18982
section to the half-mill equalization fund created under section	18983
3318.18 of the Revised Code to the extent required to make any	18984
payments in the current fiscal year under that section, and shall	18985
transfer the remaining balance to the general revenue fund.	18986

(I) From fiscal year 2002 through fiscal year 2016, if the	18987
total amount in the school district property tax replacement fund	18988
is insufficient to make all payments under divisions (C), (D),	18989
(E), and (F) of this section at the time the payments are to be	18990
made, the director of budget and management shall transfer from	18991
the general revenue fund to the school district property tax	18992
replacement fund the difference between the total amount to be	18993
paid and the total amount in the school district property tax	18994
replacement fund, except that no transfer shall be made by reason	18995
of a deficiency to the extent that it results from the amendment	18996
of section 5727.84 of the Revised Code by Amended Substitute House	18997
Bill No. 95 of the 125th general assembly.	18998

(J) If all of the territory of a school district or joint	18999
vocational school district is merged with an existing district, or	19000
if a part of the territory of a school district or joint	19001
vocational school district is transferred to an existing or new	19002
district, the department of education, in consultation with the	19003
tax commissioner, shall adjust the payments made under this	19004
section as follows:	19005

(1) For the merger of all of the territory of two or more	19006
districts, the fixed-rate levy loss and the fixed-sum levy loss of	19007
the successor district shall be equal to the sum of the fixed-rate	19008
levy losses and the fixed-sum levy losses for each of the	19009
districts involved in the merger.	19010

(2) For the transfer of a part of one district's territory to	19011
an existing district, the amount of the fixed-rate levy loss that	19012
is transferred to the recipient district shall be an amount equal	19013
to the transferring district's total fixed-rate levy loss times a	19014
fraction, the numerator of which is the value of electric company	19015
tangible personal property located in the part of the territory	19016
that was transferred, and the denominator of which is the total	19017
value of electric company tangible personal property located in	19018
the entire district from which the territory was transferred. The	19019
value of electric company tangible personal property under this	19020
division shall be determined for the most recent year for which	19021
data is available. Fixed-sum levy losses for both districts shall	19022
be determined under division (J)(4) of this section.	19023

(3) For the transfer of a part of the territory of one or	19024
more districts to create a new district:	19025

(a) If the new district is created on or after January 1,	19026
2000, but before January 1, 2005, the new district shall be paid	19027
its current fixed-rate levy loss through August 2009. From	19028
February 2010 to August 2016, the new district shall be paid the	19029
lesser of: (i) the amount calculated under division (C)(2) of	19030
this section or (ii) an amount equal to the new district's	19031
fixed-rate levy loss multiplied by the percentage prescribed by	19032
the following schedule:	19033

YEAR	PERCENTAGE	19034
2010	70%	19035
2011	70%	19036
2012	60%	19037
2013	50%	19038
2014	40%	19039
2015	24%	19040
2016	11.5%	19041
2017 and thereafter	0%	19042

Fixed-sum levy losses for the districts shall be determined	19043
under division (J)(4) of this section.	19044

(b) If the new district is created on or after January 1,	19045
2005, the new district shall be deemed not to have any fixed-rate	19046
levy loss or, except as provided in division (J)(4) of this	19047
section, fixed-sum levy loss. The district or districts from which	19048
the territory was transferred shall have no reduction in their	19049
fixed-rate levy loss, or, except as provided in division (J)(4) of	19050
this section, their fixed-sum levy loss.	19051

(4) If a recipient district under division (J)(2) of this	19052
section or a new district under division (J)(3)(a) or (b) of this	19053
section takes on debt from one or more of the districts from which	19054
territory was transferred, and any of the districts transferring	19055
the territory had fixed-sum levy losses, the department of	19056
education, in consultation with the tax commissioner, shall make	19057
an equitable division of the fixed-sum levy losses.	19058

(K) There is hereby created the public utility property tax	19059
study committee, effective January 1, 2011. The committee shall	19060
consist of the following seven members: the tax commissioner,	19061
three members of the senate appointed by the president of the	19062
senate, and three members of the house of representatives	19063
appointed by the speaker of the house of representatives. The	19064
appointments shall be made not later than January 31, 2011. The	19065
tax commissioner shall be the chairperson of the committee.	19066

The committee shall study the extent to which each school	19067
district or joint vocational school district has been compensated,	19068
under sections 5727.84 and 5727.85 of the Revised Code as enacted	19069
by Substitute Senate Bill No. 3 of the 123rd general assembly and	19070
any subsequent acts, for the property tax loss caused by the	19071
reduction in the assessment rates for natural gas, electric, and	19072
rural electric company tangible personal property. Not later than	19073
June 30, 2011, the committee shall issue a report of its findings,	19074
including any recommendations for providing additional	19075
compensation for the property tax loss or regarding remedial	19076
legislation, to the president of the senate and the speaker of the	19077
house of representatives, at which time the committee shall cease	19078
to exist.	19079

The department of taxation and department of education shall	19080
provide such information and assistance as is required for the	19081
committee to carry out its duties.	19082

Sec. 5739.01. As used in this chapter:

19083

(A) "Person" includes individuals, receivers, assignees,	19084
trustees in bankruptcy, estates, firms, partnerships,	19085
associations, joint-stock companies, joint ventures, clubs,	19086
societies, corporations, the state and its political subdivisions,	19087
and combinations of individuals of any form.	19088

(B) "Sale" and "selling" include all of the following	19089
transactions for a consideration in any manner, whether absolutely	19090
or conditionally, whether for a price or rental, in money or by	19091
exchange, and by any means whatsoever:	19092

(1) All transactions by which title or possession, or both,	19093
of tangible personal property, is or is to be transferred, or a	19094
license to use or consume tangible personal property is or is to	19095
be granted;	19096

(2) All transactions by which lodging by a hotel is or is to	19097
be furnished to transient guests;	19098

(3) All transactions by which:

19099

(a) An item of tangible personal property is or is to be	19100
repaired, except property, the purchase of which would not be	19101
subject to the tax imposed by section 5739.02 of the Revised Code;	19102

(b) An item of tangible personal property is or is to be	19103
installed, except property, the purchase of which would not be	19104
subject to the tax imposed by section 5739.02 of the Revised Code	19105
or property that is or is to be incorporated into and will become	19106
a part of a production, transmission, transportation, or	19107
distribution system for the delivery of a public utility service;	19108

(c) The service of washing, cleaning, waxing, polishing, or	19109
painting a motor vehicle is or is to be furnished;	19110

(d) Until August 1, 2003, industrial laundry cleaning	19111
services are or are to be provided and, on and after August 1,	19112
2003, laundry and dry cleaning services are or are to be provided;	19113

(e) Automatic data processing, computer services, or	19114
electronic information services are or are to be provided for use	19115
in business when the true object of the transaction is the receipt	19116
by the consumer of automatic data processing, computer services,	19117
or electronic information services rather than the receipt of	19118
personal or professional services to which automatic data	19119
processing, computer services, or electronic information services	19120
are incidental or supplemental. Notwithstanding any other	19121
provision of this chapter, such transactions that occur between	19122
members of an affiliated group are not sales. An "affiliated	19123
group" means two or more persons related in such a way that one	19124
person owns or controls the business operation of another member	19125
of the group. In the case of corporations with stock, one	19126
corporation owns or controls another if it owns more than fifty	19127
per cent of the other corporation's common stock with voting	19128
rights.	19129

(f) Telecommunications service, including prepaid calling	19130
service, prepaid wireless calling service, or ancillary service,	19131
is or is to be provided, but not including coin-operated telephone	19132
service;	19133

(g) Landscaping and lawn care service is or is to be	19134
provided;	19135

(h) Private investigation and security service is or is to be	19136
provided;	19137

(i) Information services or tangible personal property is	19138
provided or ordered by means of a nine hundred telephone call;	19139

(j) Building maintenance and janitorial service is or is to	19140
be provided;	19141

(k) Employment service is or is to be provided;

19142

(l) Employment placement service is or is to be provided;

19143

(m) Exterminating service is or is to be provided;

19144

(n) Physical fitness facility service is or is to be	19145
provided;	19146

(o) Recreation and sports club service is or is to be	19147
provided;	19148

(p) On and after August 1, 2003, satellite broadcasting	19149
service is or is to be provided;	19150

(q) On and after August 1, 2003, personal care service is or	19151
is to be provided to an individual. As used in this division,	19152
"personal care service" includes skin care, the application of	19153
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	19154
piercing, tanning, massage, and other similar services. "Personal	19155
care service" does not include a service provided by or on the	19156
order of a licensed physician or licensed chiropractor, or the	19157
cutting, coloring, or styling of an individual's hair.	19158

(r) On and after August 1, 2003, the transportation of	19159
persons by motor vehicle or aircraft is or is to be provided, when	19160
the transportation is entirely within this state, except for	19161
transportation provided by an ambulance service, by a transit bus,	19162
as defined in section 5735.01 of the Revised Code, and	19163
transportation provided by a citizen of the United States holding	19164
a certificate of public convenience and necessity issued under 49	19165
U.S.C. 41102;	19166

(s) On and after August 1, 2003, motor vehicle towing service	19167
is or is to be provided. As used in this division, "motor vehicle	19168
towing service" means the towing or conveyance of a wrecked,	19169
disabled, or illegally parked motor vehicle.	19170

(t) On and after August 1, 2003, snow removal service is or	19171
is to be provided. As used in this division, "snow removal	19172
service" means the removal of snow by any mechanized means, but	19173
does not include the providing of such service by a person that	19174
has less than five thousand dollars in sales of such service	19175
during the calendar year.	19176

(u) Electronic publishing service is or is to be provided to	19177
a consumer for use in business, except that such transactions	19178
occurring between members of an affiliated group, as defined in	19179
division (B)(3)(e) of this section, are not sales.	19180

(4) All transactions by which printed, imprinted,	19181
overprinted, lithographic, multilithic, blueprinted, photostatic,	19182
or other productions or reproductions of written or graphic matter	19183
are or are to be furnished or transferred;	19184

(5) The production or fabrication of tangible personal	19185
property for a consideration for consumers who furnish either	19186
directly or indirectly the materials used in the production of	19187
fabrication work; and include the furnishing, preparing, or	19188
serving for a consideration of any tangible personal property	19189
consumed on the premises of the person furnishing, preparing, or	19190
serving such tangible personal property. Except as provided in	19191
section 5739.03 of the Revised Code, a construction contract	19192
pursuant to which tangible personal property is or is to be	19193
incorporated into a structure or improvement on and becoming a	19194
part of real property is not a sale of such tangible personal	19195
property. The construction contractor is the consumer of such	19196
tangible personal property, provided that the sale and	19197
installation of carpeting, the sale and installation of	19198
agricultural land tile, the sale and erection or installation of	19199
portable grain bins, or the provision of landscaping and lawn care	19200
service and the transfer of property as part of such service is	19201
never a construction contract.	19202

As used in division (B)(5) of this section:

19203

(a) "Agricultural land tile" means fired clay or concrete	19204
tile, or flexible or rigid perforated plastic pipe or tubing,	19205
incorporated or to be incorporated into a subsurface drainage	19206
system appurtenant to land used or to be used directly in	19207
production by farming, agriculture, horticulture, or floriculture.	19208
The term does not include such materials when they are or are to	19209
be incorporated into a drainage system appurtenant to a building	19210
or structure even if the building or structure is used or to be	19211
used in such production.	19212

(b) "Portable grain bin" means a structure that is used or to	19213
be used by a person engaged in farming or agriculture to shelter	19214
the person's grain and that is designed to be disassembled without	19215
significant damage to its component parts.	19216

(6) All transactions in which all of the shares of stock of a	19217
closely held corporation are transferred, if the corporation is	19218
not engaging in business and its entire assets consist of boats,	19219
planes, motor vehicles, or other tangible personal property	19220
operated primarily for the use and enjoyment of the shareholders;	19221

(7) All transactions in which a warranty, maintenance or	19222
service contract, or similar agreement by which the vendor of the	19223
warranty, contract, or agreement agrees to repair or maintain the	19224
tangible personal property of the consumer is or is to be	19225
provided;	19226

(8) The transfer of copyrighted motion picture films used	19227
solely for advertising purposes, except that the transfer of such	19228
films for exhibition purposes is not a sale.;	19229

(9) On and after August 1, 2003, all transactions by which	19230
tangible personal property is or is to be stored, except such	19231
property that the consumer of the storage holds for sale in the	19232
regular course of business;	19233

(10) All transactions in which "guaranteed auto protection"	19234
is provided whereby a person promises to pay to the consumer the	19235
difference between the amount the consumer receives from motor	19236
vehicle insurance and the amount the consumer owes to a person	19237
holding title to or a lien on the consumer's motor vehicle in the	19238
event the consumer's motor vehicle suffers a total loss under the	19239
terms of the motor vehicle insurance policy or is stolen and not	19240
recovered, if the protection and its price are included in the	19241
purchase or lease agreement.	19242

Except as provided in this section, "sale" and "selling" do	19243
not include transfers of interest in leased property where the	19244
original lessee and the terms of the original lease agreement	19245
remain unchanged, or professional, insurance, or personal service	19246
transactions that involve the transfer of tangible personal	19247
property as an inconsequential element, for which no separate	19248
charges are made.	19249

(C) "Vendor" means the person providing the service or by	19250
whom the transfer effected or license given by a sale is or is to	19251
be made or given and, for sales described in division (B)(3)(i) of	19252
this section, the telecommunications service vendor that provides	19253
the nine hundred telephone service; if two or more persons are	19254
engaged in business at the same place of business under a single	19255
trade name in which all collections on account of sales by each	19256
are made, such persons shall constitute a single vendor.	19257

Physicians, dentists, hospitals, and veterinarians who are	19258
engaged in selling tangible personal property as received from	19259
others, such as eyeglasses, mouthwashes, dentifrices, or similar	19260
articles, are vendors. Veterinarians who are engaged in	19261
transferring to others for a consideration drugs, the dispensing	19262
of which does not require an order of a licensed veterinarian or	19263
physician under federal law, are vendors.	19264

(D)(1) "Consumer" means the person for whom the service is	19265
provided, to whom the transfer effected or license given by a sale	19266
is or is to be made or given, to whom the service described in	19267
division (B)(3)(f) or (i) of this section is charged, or to whom	19268
the admission is granted.	19269

(2) Physicians, dentists, hospitals, and blood banks operated	19270
by nonprofit institutions and persons licensed to practice	19271
veterinary medicine, surgery, and dentistry are consumers of all	19272
tangible personal property and services purchased by them in	19273
connection with the practice of medicine, dentistry, the rendition	19274
of hospital or blood bank service, or the practice of veterinary	19275
medicine, surgery, and dentistry. In addition to being consumers	19276
of drugs administered by them or by their assistants according to	19277
their direction, veterinarians also are consumers of drugs that	19278
under federal law may be dispensed only by or upon the order of a	19279
licensed veterinarian or physician, when transferred by them to	19280
others for a consideration to provide treatment to animals as	19281
directed by the veterinarian.	19282

(3) A person who performs a facility management, or similar	19283
service contract for a contractee is a consumer of all tangible	19284
personal property and services purchased for use in connection	19285
with the performance of such contract, regardless of whether title	19286
to any such property vests in the contractee. The purchase of such	19287
property and services is not subject to the exception for resale	19288
under division (E)(1) of this section.	19289

(4)(a) In the case of a person who purchases printed matter	19290
for the purpose of distributing it or having it distributed to the	19291
public or to a designated segment of the public, free of charge,	19292
that person is the consumer of that printed matter, and the	19293
purchase of that printed matter for that purpose is a sale.	19294

(b) In the case of a person who produces, rather than	19295
purchases, printed matter for the purpose of distributing it or	19296
having it distributed to the public or to a designated segment of	19297
the public, free of charge, that person is the consumer of all	19298
~~tangile~~tangible personal property and services purchased for use	19299
or consumption in the production of that printed matter. That	19300
person is not entitled to claim exemption under division	19301
(B)(42)(f) of section 5739.02 of the Revised Code for any	19302
material incorporated into the printed matter or any equipment,	19303
supplies, or services primarily used to produce the printed	19304
matter.	19305

(c) The distribution of printed matter to the public or to a	19306
designated segment of the public, free of charge, is not a sale to	19307
the members of the public to whom the printed matter is	19308
distributed or to any persons who purchase space in the printed	19309
matter for advertising or other purposes.	19310

(5) A person who makes sales of any of the services listed in	19311
division (B)(3) of this section is the consumer of any tangible	19312
personal property used in performing the service. The purchase of	19313
that property is not subject to the resale exception under	19314
division (E)(1) of this section.	19315

(6) A person who engages in highway transportation for hire	19316
is the consumer of all packaging materials purchased by that	19317
person and used in performing the service, except for packaging	19318
materials sold by such person in a transaction separate from the	19319
service.	19320

(E) "Retail sale" and "sales at retail" include all sales,	19321
except those in which the purpose of the consumer is to resell the	19322
thing transferred or benefit of the service provided, by a person	19323
engaging in business, in the form in which the same is, or is to	19324
be, received by the person.	19325

(F) "Business" includes any activity engaged in by any person	19326
with the object of gain, benefit, or advantage, either direct or	19327
indirect. "Business" does not include the activity of a person in	19328
managing and investing the person's own funds.	19329

(G) "Engaging in business" means commencing, conducting, or	19330
continuing in business, and liquidating a business when the	19331
liquidator thereof holds itself out to the public as conducting	19332
such business. Making a casual sale is not engaging in business.	19333

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	19334
(3) of this section, means the total amount of consideration,	19335
including cash, credit, property, and services, for which tangible	19336
personal property or services are sold, leased, or rented, valued	19337
in money, whether received in money or otherwise, without any	19338
deduction for any of the following:	19339

(i) The vendor's cost of the property sold;

19340

(ii) The cost of materials used, labor or service costs,	19341
interest, losses, all costs of transportation to the vendor, all	19342
taxes imposed on the vendor, including the tax imposed under	19343
Chapter 5751. of the Revised Code, and any other expense of the	19344
vendor;	19345

(iii) Charges by the vendor for any services necessary to	19346
complete the sale;	19347

(iv) On and after August 1, 2003, delivery charges. As used	19348
in this division, "delivery charges" means charges by the vendor	19349
for preparation and delivery to a location designated by the	19350
consumer of tangible personal property or a service, including	19351
transportation, shipping, postage, handling, crating, and packing.	19352

(v) Installation charges;

19353

(vi) Credit for any trade-in.

19354

(b) "Price" includes consideration received by the vendor	19355
from a third party, if the vendor actually receives the	19356
consideration from a party other than the consumer, and the	19357
consideration is directly related to a price reduction or discount	19358
on the sale; the vendor has an obligation to pass the price	19359
reduction or discount through to the consumer; the amount of the	19360
consideration attributable to the sale is fixed and determinable	19361
by the vendor at the time of the sale of the item to the consumer;	19362
and one of the following criteria is met:	19363

(i) The consumer presents a coupon, certificate, or other	19364
document to the vendor to claim a price reduction or discount	19365
where the coupon, certificate, or document is authorized,	19366
distributed, or granted by a third party with the understanding	19367
that the third party will reimburse any vendor to whom the coupon,	19368
certificate, or document is presented;	19369

(ii) The consumer identifies the consumer's self to the	19370
seller as a member of a group or organization entitled to a price	19371
reduction or discount. A preferred customer card that is available	19372
to any patron does not constitute membership in such a group or	19373
organization.	19374

(iii) The price reduction or discount is identified as a	19375
third party price reduction or discount on the invoice received by	19376
the consumer, or on a coupon, certificate, or other document	19377
presented by the consumer.	19378

19379

(i) Discounts, including cash, term, or coupons that are not	19380
reimbursed by a third party that are allowed by a vendor and taken	19381
by a consumer on a sale;	19382

(ii) Interest, financing, and carrying charges from credit	19383
extended on the sale of tangible personal property or services, if	19384
the amount is separately stated on the invoice, bill of sale, or	19385
similar document given to the purchaser;	19386

(iii) Any taxes legally imposed directly on the consumer that	19387
are separately stated on the invoice, bill of sale, or similar	19388
document given to the consumer. For the purpose of this division,	19389
the tax imposed under Chapter 5751. of the Revised Code is not a	19390
tax directly on the consumer, even if the tax or a portion thereof	19391
is separately stated.	19392

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	19393
section, any discount allowed by an automobile manufacturer to its	19394
employee, or to the employee of a supplier, on the purchase of a	19395
new motor vehicle from a new motor vehicle dealer in this state.	19396

(2) In the case of a sale of any new motor vehicle by a new	19397
motor vehicle dealer, as defined in section 4517.01 of the Revised	19398
Code, in which another motor vehicle is accepted by the dealer as	19399
part of the consideration received, "price" has the same meaning	19400
as in division (H)(1) of this section, reduced by the credit	19401
afforded the consumer by the dealer for the motor vehicle received	19402
in trade.	19403

(3) In the case of a sale of any watercraft or outboard motor	19404
by a watercraft dealer licensed in accordance with section	19405
1547.543 of the Revised Code, in which another watercraft,	19406
watercraft and trailer, or outboard motor is accepted by the	19407
dealer as part of the consideration received, "price" has the same	19408
meaning as in division (H)(1) of this section, reduced by the	19409
credit afforded the consumer by the dealer for the watercraft,	19410
watercraft and trailer, or outboard motor received in trade. As	19411
used in this division, "watercraft" includes an outdrive unit	19412
attached to the watercraft.	19413

(I) "Receipts" means the total amount of the prices of the	19414
sales of vendors, provided that cash discounts allowed and taken	19415
on sales at the time they are consummated are not included, minus	19416
any amount deducted as a bad debt pursuant to section 5739.121 of	19417
the Revised Code. "Receipts" does not include the sale price of	19418
property returned or services rejected by consumers when the full	19419
sale price and tax are refunded either in cash or by credit.	19420

(J) "Place of business" means any location at which a person	19421
engages in business.	19422

(K) "Premises" includes any real property or portion thereof	19423
upon which any person engages in selling tangible personal	19424
property at retail or making retail sales and also includes any	19425
real property or portion thereof designated for, or devoted to,	19426
use in conjunction with the business engaged in by such person.	19427

(L) "Casual sale" means a sale of an item of tangible	19428
personal property that was obtained by the person making the sale,	19429
through purchase or otherwise, for the person's own use and was	19430
previously subject to any state's taxing jurisdiction on its sale	19431
or use, and includes such items acquired for the seller's use that	19432
are sold by an auctioneer employed directly by the person for such	19433
purpose, provided the location of such sales is not the	19434
auctioneer's permanent place of business. As used in this	19435
division, "permanent place of business" includes any location	19436
where such auctioneer has conducted more than two auctions during	19437
the year.	19438

(M) "Hotel" means every establishment kept, used, maintained,	19439
advertised, or held out to the public to be a place where sleeping	19440
accommodations are offered to guests, in which five or more rooms	19441
are used for the accommodation of such guests, whether the rooms	19442
are in one or several structures.	19443

(N) "Transient guests" means persons occupying a room or	19444
rooms for sleeping accommodations for less than thirty consecutive	19445
days.	19446

(O) "Making retail sales" means the effecting of transactions	19447
wherein one party is obligated to pay the price and the other	19448
party is obligated to provide a service or to transfer title to or	19449
possession of the item sold. "Making retail sales" does not	19450
include the preliminary acts of promoting or soliciting the retail	19451
sales, other than the distribution of printed matter which	19452
displays or describes and prices the item offered for sale, nor	19453
does it include delivery of a predetermined quantity of tangible	19454
personal property or transportation of property or personnel to or	19455
from a place where a service is performed, regardless of whether	19456
the vendor is a delivery vendor.	19457

(P) "Used directly in the rendition of a public utility	19458
service" means that property that is to be incorporated into and	19459
will become a part of the consumer's production, transmission,	19460
transportation, or distribution system and that retains its	19461
classification as tangible personal property after such	19462
incorporation; fuel or power used in the production, transmission,	19463
transportation, or distribution system; and tangible personal	19464
property used in the repair and maintenance of the production,	19465
transmission, transportation, or distribution system, including	19466
only such motor vehicles as are specially designed and equipped	19467
for such use. Tangible personal property and services used	19468
primarily in providing highway transportation for hire are not	19469
used directly in the rendition of a public utility service. In	19470
this definition, "public utility" includes a citizen of the United	19471
States holding, and required to hold, a certificate of public	19472
convenience and necessity issued under 49 U.S.C. 41102.	19473

(Q) "Refining" means removing or separating a desirable	19474
product from raw or contaminated materials by distillation or	19475
physical, mechanical, or chemical processes.	19476

(R) "Assembly" and "assembling" mean attaching or fitting	19477
together parts to form a product, but do not include packaging a	19478
product.	19479

(S) "Manufacturing operation" means a process in which	19480
materials are changed, converted, or transformed into a different	19481
state or form from which they previously existed and includes	19482
refining materials, assembling parts, and preparing raw materials	19483
and parts by mixing, measuring, blending, or otherwise committing	19484
such materials or parts to the manufacturing process.	19485
"Manufacturing operation" does not include packaging.	19486

(T) "Fiscal officer" means, with respect to a regional	19487
transit authority, the secretary-treasurer thereof, and with	19488
respect to a county that is a transit authority, the fiscal	19489
officer of the county transit board if one is appointed pursuant	19490
to section 306.03 of the Revised Code or the county auditor if the	19491
board of county commissioners operates the county transit system.	19492

(U) "Transit authority" means a regional transit authority	19493
created pursuant to section 306.31 of the Revised Code or a county	19494
in which a county transit system is created pursuant to section	19495
306.01 of the Revised Code. For the purposes of this chapter, a	19496
transit authority must extend to at least the entire area of a	19497
single county. A transit authority that includes territory in more	19498
than one county must include all the area of the most populous	19499
county that is a part of such transit authority. County population	19500
shall be measured by the most recent census taken by the United	19501
States census bureau.	19502

(V) "Legislative authority" means, with respect to a regional	19503
transit authority, the board of trustees thereof, and with respect	19504
to a county that is a transit authority, the board of county	19505
commissioners.	19506

(W) "Territory of the transit authority" means all of the	19507
area included within the territorial boundaries of a transit	19508
authority as they from time to time exist. Such territorial	19509
boundaries must at all times include all the area of a single	19510
county or all the area of the most populous county that is a part	19511
of such transit authority. County population shall be measured by	19512
the most recent census taken by the United States census bureau.	19513

(X) "Providing a service" means providing or furnishing	19514
anything described in division (B)(3) of this section for	19515
consideration.	19516

(Y)(1)(a) "Automatic data processing" means processing of	19517
others' data, including keypunching or similar data entry services	19518
together with verification thereof, or providing access to	19519
computer equipment for the purpose of processing data.	19520

(b) "Computer services" means providing services consisting	19521
of specifying computer hardware configurations and evaluating	19522
technical processing characteristics, computer programming, and	19523
training of computer programmers and operators, provided in	19524
conjunction with and to support the sale, lease, or operation of	19525
taxable computer equipment or systems.	19526

(c) "Electronic information services" means providing access	19527
to computer equipment by means of telecommunications equipment for	19528
the purpose of either of the following:	19529

(i) Examining or acquiring data stored in or accessible to	19530
the computer equipment;	19531

(ii) Placing data into the computer equipment to be retrieved	19532
by designated recipients with access to the computer equipment.	19533

For transactions occurring on or after the effective date of	19534
the amendment of this section by H.B. 157 of the 127th general	19535
assembly, December 21, 2007, "electronic information services"	19536
does not include electronic publishing as defined in division	19537
(LLL) of this section.	19538

(d) "Automatic data processing, computer services, or	19539
electronic information services" shall not include personal or	19540
professional services.	19541

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	19542
section, "personal and professional services" means all services	19543
other than automatic data processing, computer services, or	19544
electronic information services, including but not limited to:	19545

(a) Accounting and legal services such as advice on tax	19546
matters, asset management, budgetary matters, quality control,	19547
information security, and auditing and any other situation where	19548
the service provider receives data or information and studies,	19549
alters, analyzes, interprets, or adjusts such material;	19550

(b) Analyzing business policies and procedures;

19551

19552

(d) Feasibility studies, including economic and technical	19553
analysis of existing or potential computer hardware or software	19554
needs and alternatives;	19555

(e) Designing policies, procedures, and custom software for	19556
collecting business information, and determining how data should	19557
be summarized, sequenced, formatted, processed, controlled, and	19558
reported so that it will be meaningful to management;	19559

(f) Developing policies and procedures that document how	19560
business events and transactions are to be authorized, executed,	19561
and controlled;	19562

(g) Testing of business procedures;

19563

(h) Training personnel in business procedure applications;

19564

(i) Providing credit information to users of such information	19565
by a consumer reporting agency, as defined in the "Fair Credit	19566
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	19567
as hereafter amended, including but not limited to gathering,	19568
organizing, analyzing, recording, and furnishing such information	19569
by any oral, written, graphic, or electronic medium;	19570

(j) Providing debt collection services by any oral, written,	19571
graphic, or electronic means.	19572

The services listed in divisions (Y)(2)(a) to (j) of this	19573
section are not automatic data processing or computer services.	19574

(Z) "Highway transportation for hire" means the	19575
transportation of personal property belonging to others for	19576
consideration by any of the following:	19577

(1) The holder of a permit or certificate issued by this	19578
state or the United States authorizing the holder to engage in	19579
transportation of personal property belonging to others for	19580
consideration over or on highways, roadways, streets, or any	19581
similar public thoroughfare;	19582

(2) A person who engages in the transportation of personal	19583
property belonging to others for consideration over or on	19584
highways, roadways, streets, or any similar public thoroughfare	19585
but who could not have engaged in such transportation on December	19586
11, 1985, unless the person was the holder of a permit or	19587
certificate of the types described in division (Z)(1) of this	19588
section;	19589

(3) A person who leases a motor vehicle to and operates it	19590
for a person described by division (Z)(1) or (2) of this section.	19591

(AA)(1) "Telecommunications service" means the electronic	19592
transmission, conveyance, or routing of voice, data, audio, video,	19593
or any other information or signals to a point, or between or	19594
among points. "Telecommunications service" includes such	19595
transmission, conveyance, or routing in which computer processing	19596
applications are used to act on the form, code, or protocol of the	19597
content for purposes of transmission, conveyance, or routing	19598
without regard to whether the service is referred to as voice-over	19599
internet protocol service or is classified by the federal	19600
communications commission as enhanced or value-added.	19601
"Telecommunications service" does not include any of the	19602
following:	19603

(a) Data processing and information services that allow data	19604
to be generated, acquired, stored, processed, or retrieved and	19605
delivered by an electronic transmission to a consumer where the	19606
consumer's primary purpose for the underlying transaction is the	19607
processed data or information;	19608

(b) Installation or maintenance of wiring or equipment on a	19609
customer's premises;	19610

19611

(d) Advertising, including directory advertising;

19612

(e) Billing and collection services provided to third	19613
parties;	19614

(f) Internet access service;

19615

(g) Radio and television audio and video programming	19616
services, regardless of the medium, including the furnishing of	19617
transmission, conveyance, and routing of such services by the	19618
programming service provider. Radio and television audio and video	19619
programming services include, but are not limited to, cable	19620
service, as defined in 47 U.S.C. 522(6), and audio and video	19621
programming services delivered by commercial mobile radio service	19622
providers, as defined in 47 C.F.R. 20.3;	19623

(h) Ancillary service;

19624

(i) Digital products delivered electronically, including	19625
software, music, video, reading materials, or ring tones.	19626

(2) "Ancillary service" means a service that is associated	19627
with or incidental to the provision of telecommunications service,	19628
including conference bridging service, detailed telecommunications	19629
billing service, directory assistance, vertical service, and voice	19630
mail service. As used in this division:	19631

(a) "Conference bridging service" means an ancillary service	19632
that links two or more participants of an audio or video	19633
conference call, including providing a telephone number.	19634
"Conference bridging service" does not include telecommunications	19635
services used to reach the conference bridge.	19636

(b) "Detailed telecommunications billing service" means an	19637
ancillary service of separately stating information pertaining to	19638
individual calls on a customer's billing statement.	19639

(c) "Directory assistance" means an ancillary service of	19640
providing telephone number or address information.	19641

(d) "Vertical service" means an ancillary service that is	19642
offered in connection with one or more telecommunications	19643
services, which offers advanced calling features that allow	19644
customers to identify callers and manage multiple calls and call	19645
connections, including conference bridging service.	19646

(e) "Voice mail service" means an ancillary service that	19647
enables the customer to store, send, or receive recorded messages.	19648
"Voice mail service" does not include any vertical services that	19649
the customer may be required to have in order to utilize the voice	19650
mail service.	19651

(3) "900 service" means an inbound toll telecommunications	19652
service purchased by a subscriber that allows the subscriber's	19653
customers to call in to the subscriber's prerecorded announcement	19654
or live service, and which is typically marketed under the name	19655
"900" service and any subsequent numbers designated by the federal	19656
communications commission. "900 service" does not include the	19657
charge for collection services provided by the seller of the	19658
telecommunications service to the subscriber, or services or	19659
products sold by the subscriber to the subscriber's customer.	19660

(4) "Prepaid calling service" means the right to access	19661
exclusively telecommunications services, which must be paid for in	19662
advance and which enables the origination of calls using an access	19663
number or authorization code, whether manually or electronically	19664
dialed, and that is sold in predetermined units of dollars of	19665
which the number declines with use in a known amount.	19666

(5) "Prepaid wireless calling service" means a	19667
telecommunications service that provides the right to utilize	19668
mobile telecommunications service as well as other	19669
non-telecommunications services, including the download of digital	19670
products delivered electronically, and content and ancillary	19671
services, that must be paid for in advance and that is sold in	19672
predetermined units of dollars of which the number declines with	19673
use in a known amount.	19674

(6) "Value-added non-voice data service" means a	19675
telecommunications service in which computer processing	19676
applications are used to act on the form, content, code, or	19677
protocol of the information or data primarily for a purpose other	19678
than transmission, conveyance, or routing.	19679

(7) "Coin-operated telephone service" means a	19680
telecommunications service paid for by inserting money into a	19681
telephone accepting direct deposits of money to operate.	19682

(8) "Customer" has the same meaning as in section 5739.034 of	19683
the Revised Code.	19684

(BB) "Laundry and dry cleaning services" means removing soil	19685
or dirt from towels, linens, articles of clothing, or other fabric	19686
items that belong to others and supplying towels, linens, articles	19687
of clothing, or other fabric items. "Laundry and dry cleaning	19688
services" does not include the provision of self-service	19689
facilities for use by consumers to remove soil or dirt from	19690
towels, linens, articles of clothing, or other fabric items.	19691

(CC) "Magazines distributed as controlled circulation	19692
publications" means magazines containing at least twenty-four	19693
pages, at least twenty-five per cent editorial content, issued at	19694
regular intervals four or more times a year, and circulated	19695
without charge to the recipient, provided that such magazines are	19696
not owned or controlled by individuals or business concerns which	19697
conduct such publications as an auxiliary to, and essentially for	19698
the advancement of the main business or calling of, those who own	19699
or control them.	19700

(DD) "Landscaping and lawn care service" means the services	19701
of planting, seeding, sodding, removing, cutting, trimming,	19702
pruning, mulching, aerating, applying chemicals, watering,	19703
fertilizing, and providing similar services to establish, promote,	19704
or control the growth of trees, shrubs, flowers, grass, ground	19705
cover, and other flora, or otherwise maintaining a lawn or	19706
landscape grown or maintained by the owner for ornamentation or	19707
other nonagricultural purpose. However, "landscaping and lawn care	19708
service" does not include the providing of such services by a	19709
person who has less than five thousand dollars in sales of such	19710
services during the calendar year.	19711

(EE) "Private investigation and security service" means the	19712
performance of any activity for which the provider of such service	19713
is required to be licensed pursuant to Chapter 4749. of the	19714
Revised Code, or would be required to be so licensed in performing	19715
such services in this state, and also includes the services of	19716
conducting polygraph examinations and of monitoring or overseeing	19717
the activities on or in, or the condition of, the consumer's home,	19718
business, or other facility by means of electronic or similar	19719
monitoring devices. "Private investigation and security service"	19720
does not include special duty services provided by off-duty police	19721
officers, deputy sheriffs, and other peace officers regularly	19722
employed by the state or a political subdivision.	19723

(FF) "Information services" means providing conversation,	19724
giving consultation or advice, playing or making a voice or other	19725
recording, making or keeping a record of the number of callers,	19726
and any other service provided to a consumer by means of a nine	19727
hundred telephone call, except when the nine hundred telephone	19728
call is the means by which the consumer makes a contribution to a	19729
recognized charity.	19730

(GG) "Research and development" means designing, creating, or	19731
formulating new or enhanced products, equipment, or manufacturing	19732
processes, and also means conducting scientific or technological	19733
inquiry and experimentation in the physical sciences with the goal	19734
of increasing scientific knowledge which may reveal the bases for	19735
new or enhanced products, equipment, or manufacturing processes.	19736

(HH) "Qualified research and development equipment" means	19737
capitalized tangible personal property, and leased personal	19738
property that would be capitalized if purchased, used by a person	19739
primarily to perform research and development. Tangible personal	19740
property primarily used in testing, as defined in division (A)(4)	19741
of section 5739.011 of the Revised Code, or used for recording or	19742
storing test results, is not qualified research and development	19743
equipment unless such property is primarily used by the consumer	19744
in testing the product, equipment, or manufacturing process being	19745
created, designed, or formulated by the consumer in the research	19746
and development activity or in recording or storing such test	19747
results.	19748

(II) "Building maintenance and janitorial service" means	19749
cleaning the interior or exterior of a building and any tangible	19750
personal property located therein or thereon, including any	19751
services incidental to such cleaning for which no separate charge	19752
is made. However, "building maintenance and janitorial service"	19753
does not include the providing of such service by a person who has	19754
less than five thousand dollars in sales of such service during	19755
the calendar year.	19756

(JJ) "Employment service" means providing or supplying	19757
personnel, on a temporary or long-term basis, to perform work or	19758
labor under the supervision or control of another, when the	19759
personnel so provided or supplied receive their wages, salary, or	19760
other compensation from the provider or supplier of the employment	19761
service or from a third party that provided or supplied the	19762
personnel to the provider or supplier. "Employment service" does	19763
not include:	19764

(1) Acting as a contractor or subcontractor, where the	19765
personnel performing the work are not under the direct control of	19766
the purchaser.	19767

(2) Medical and health care services.

19768

(3) Supplying personnel to a purchaser pursuant to a contract	19769
of at least one year between the service provider and the	19770
purchaser that specifies that each employee covered under the	19771
contract is assigned to the purchaser on a permanent basis.	19772

(4) Transactions between members of an affiliated group, as	19773
defined in division (B)(3)(e) of this section.	19774

(5) Transactions where the personnel so provided or supplied	19775
by a provider or supplier to a purchaser of an employment service	19776
are then provided or supplied by that purchaser to a third party	19777
as an employment service, except "employment service" does include	19778
the transaction between that purchaser and the third party.	19779

(KK) "Employment placement service" means locating or finding	19780
employment for a person or finding or locating an employee to fill	19781
an available position.	19782

(LL) "Exterminating service" means eradicating or attempting	19783
to eradicate vermin infestations from a building or structure, or	19784
the area surrounding a building or structure, and includes	19785
activities to inspect, detect, or prevent vermin infestation of a	19786
building or structure.	19787

(MM) "Physical fitness facility service" means all	19788
transactions by which a membership is granted, maintained, or	19789
renewed, including initiation fees, membership dues, renewal fees,	19790
monthly minimum fees, and other similar fees and dues, by a	19791
physical fitness facility such as an athletic club, health spa, or	19792
gymnasium, which entitles the member to use the facility for	19793
physical exercise.	19794

(NN) "Recreation and sports club service" means all	19795
transactions by which a membership is granted, maintained, or	19796
renewed, including initiation fees, membership dues, renewal fees,	19797
monthly minimum fees, and other similar fees and dues, by a	19798
recreation and sports club, which entitles the member to use the	19799
facilities of the organization. "Recreation and sports club" means	19800
an organization that has ownership of, or controls or leases on a	19801
continuing, long-term basis, the facilities used by its members	19802
and includes an aviation club, gun or shooting club, yacht club,	19803
card club, swimming club, tennis club, golf club, country club,	19804
riding club, amateur sports club, or similar organization.	19805

(OO) "Livestock" means farm animals commonly raised for food	19806
or food production, and includes but is not limited to cattle,	19807
sheep, goats, swine, and poultry. "Livestock" does not include	19808
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	19809
animals for use in laboratories or for exhibition, or other	19810
animals not commonly raised for food or food production.	19811

(PP) "Livestock structure" means a building or structure used	19812
exclusively for the housing, raising, feeding, or sheltering of	19813
livestock, and includes feed storage or handling structures and	19814
structures for livestock waste handling.	19815

(QQ) "Horticulture" means the growing, cultivation, and	19816
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	19817
and nursery stock. As used in this division, "nursery stock" has	19818
the same meaning as in section 927.51 of the Revised Code.	19819

(RR) "Horticulture structure" means a building or structure	19820
used exclusively for the commercial growing, raising, or	19821
overwintering of horticultural products, and includes the area	19822
used for stocking, storing, and packing horticultural products	19823
when done in conjunction with the production of those products.	19824

(SS) "Newspaper" means an unbound publication bearing a title	19825
or name that is regularly published, at least as frequently as	19826
biweekly, and distributed from a fixed place of business to the	19827
public in a specific geographic area, and that contains a	19828
substantial amount of news matter of international, national, or	19829
local events of interest to the general public.	19830

(TT) "Professional racing team" means a person that employs	19831
at least twenty full-time employees for the purpose of conducting	19832
a motor vehicle racing business for profit. The person must	19833
conduct the business with the purpose of racing one or more motor	19834
racing vehicles in at least ten competitive professional racing	19835
events each year that comprise all or part of a motor racing	19836
series sanctioned by one or more motor racing sanctioning	19837
organizations. A "motor racing vehicle" means a vehicle for which	19838
the chassis, engine, and parts are designed exclusively for motor	19839
racing, and does not include a stock or production model vehicle	19840
that may be modified for use in racing. For the purposes of this	19841
division:	19842

(1) A "competitive professional racing event" is a motor	19843
vehicle racing event sanctioned by one or more motor racing	19844
sanctioning organizations, at which aggregate cash prizes in	19845
excess of eight hundred thousand dollars are awarded to the	19846
competitors.	19847

(2) "Full-time employee" means an individual who is employed	19848
for consideration for thirty-five or more hours a week, or who	19849
renders any other standard of service generally accepted by custom	19850
or specified by contract as full-time employment.	19851

(UU)(1) "Lease" or "rental" means any transfer of the	19852
possession or control of tangible personal property for a fixed or	19853
indefinite term, for consideration. "Lease" or "rental" includes	19854
future options to purchase or extend, and agreements described in	19855
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	19856
the amount of consideration may be increased or decreased by	19857
reference to the amount realized upon the sale or disposition of	19858
the property. "Lease" or "rental" does not include:	19859

(a) A transfer of possession or control of tangible personal	19860
property under a security agreement or a deferred payment plan	19861
that requires the transfer of title upon completion of the	19862
required payments;	19863

(b) A transfer of possession or control of tangible personal	19864
property under an agreement that requires the transfer of title	19865
upon completion of required payments and payment of an option	19866
price that does not exceed the greater of one hundred dollars or	19867
one per cent of the total required payments;	19868

(c) Providing tangible personal property along with an	19869
operator for a fixed or indefinite period of time, if the operator	19870
is necessary for the property to perform as designed. For purposes	19871
of this division, the operator must do more than maintain,	19872
inspect, or set-up the tangible personal property.	19873

(2) "Lease" and "rental," as defined in division (UU) of this	19874
section, shall not apply to leases or rentals that exist before	19875
June 26, 2003.	19876

(3) "Lease" and "rental" have the same meaning as in division	19877
(UU)(1) of this section regardless of whether a transaction is	19878
characterized as a lease or rental under generally accepted	19879
accounting principles, the Internal Revenue Code, Title XIII of	19880
the Revised Code, or other federal, state, or local laws.	19881

(VV) "Mobile telecommunications service" has the same meaning	19882
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	19883
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	19884
on and after August 1, 2003, includes related fees and ancillary	19885
services, including universal service fees, detailed billing	19886
service, directory assistance, service initiation, voice mail	19887
service, and vertical services, such as caller ID and three-way	19888
calling.	19889

(WW) "Certified service provider" has the same meaning as in	19890
section 5740.01 of the Revised Code.	19891

(XX) "Satellite broadcasting service" means the distribution	19892
or broadcasting of programming or services by satellite directly	19893
to the subscriber's receiving equipment without the use of ground	19894
receiving or distribution equipment, except the subscriber's	19895
receiving equipment or equipment used in the uplink process to the	19896
satellite, and includes all service and rental charges, premium	19897
channels or other special services, installation and repair	19898
service charges, and any other charges having any connection with	19899
the provision of the satellite broadcasting service.	19900

(YY) "Tangible personal property" means personal property	19901
that can be seen, weighed, measured, felt, or touched, or that is	19902
in any other manner perceptible to the senses. For purposes of	19903
this chapter and Chapter 5741. of the Revised Code, "tangible	19904
personal property" includes motor vehicles, electricity, water,	19905
gas, steam, and prewritten computer software.	19906

(ZZ) "Direct mail" means printed material delivered or	19907
distributed by United States mail or other delivery service to a	19908
mass audience or to addressees on a mailing list provided by the	19909
consumer or at the direction of the consumer when the cost of the	19910
items are not billed directly to the recipients. "Direct mail"	19911
includes tangible personal property supplied directly or	19912
indirectly by the consumer to the direct mail vendor for inclusion	19913
in the package containing the printed material. "Direct mail" does	19914
not include multiple items of printed material delivered to a	19915
single address.	19916

(AAA) "Computer" means an electronic device that accepts	19917
information in digital or similar form and manipulates it for a	19918
result based on a sequence of instructions.	19919

(BBB) "Computer software" means a set of coded instructions	19920
designed to cause a computer or automatic data processing	19921
equipment to perform a task.	19922

(CCC) "Delivered electronically" means delivery of computer	19923
software from the seller to the purchaser by means other than	19924
tangible storage media.	19925

(DDD) "Prewritten computer software" means computer software,	19926
including prewritten upgrades, that is not designed and developed	19927
by the author or other creator to the specifications of a specific	19928
purchaser. The combining of two or more prewritten computer	19929
software programs or prewritten portions thereof does not cause	19930
the combination to be other than prewritten computer software.	19931
"Prewritten computer software" includes software designed and	19932
developed by the author or other creator to the specifications of	19933
a specific purchaser when it is sold to a person other than the	19934
purchaser. If a person modifies or enhances computer software of	19935
which the person is not the author or creator, the person shall be	19936
deemed to be the author or creator only of such person's	19937
modifications or enhancements. Prewritten computer software or a	19938
prewritten portion thereof that is modified or enhanced to any	19939
degree, where such modification or enhancement is designed and	19940
developed to the specifications of a specific purchaser, remains	19941
prewritten computer software; provided, however, that where there	19942
is a reasonable, separately stated charge or an invoice or other	19943
statement of the price given to the purchaser for the modification	19944
or enhancement, the modification or enhancement shall not	19945
constitute prewritten computer software.	19946

(EEE)(1) "Food" means substances, whether in liquid,	19947
concentrated, solid, frozen, dried, or dehydrated form, that are	19948
sold for ingestion or chewing by humans and are consumed for their	19949
taste or nutritional value. "Food" does not include alcoholic	19950
beverages, dietary supplements, soft drinks, or tobacco.	19951

(2) As used in division (EEE)(1) of this section:

19952

(a) "Alcoholic beverages" means beverages that are suitable	19953
for human consumption and contain one-half of one per cent or more	19954
of alcohol by volume.	19955

(b) "Dietary supplements" means any product, other than	19956
tobacco, that is intended to supplement the diet and that is	19957
intended for ingestion in tablet, capsule, powder, softgel,	19958
gelcap, or liquid form, or, if not intended for ingestion in such	19959
a form, is not represented as conventional food for use as a sole	19960
item of a meal or of the diet; that is required to be labeled as a	19961
dietary supplement, identifiable by the "supplement facts" box	19962
found on the label, as required by 21 C.F.R. 101.36; and that	19963
contains one or more of the following dietary ingredients:	19964

(i) A vitamin;

19965

(ii) A mineral;

19966

(iii) An herb or other botanical;

19967

(iv) An amino acid;

19968

(v) A dietary substance for use by humans to supplement the	19969
diet by increasing the total dietary intake;	19970

(vi) A concentrate, metabolite, constituent, extract, or	19971
combination of any ingredient described in divisions	19972
(EEE)(2)(b)(i) to (v) of this section.	19973

(c) "Soft drinks" means nonalcoholic beverages that contain	19974
natural or artificial sweeteners. "Soft drinks" does not include	19975
beverages that contain milk or milk products, soy, rice, or	19976
similar milk substitutes, or that contains greater than fifty per	19977
cent vegetable or fruit juice by volume.	19978

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	19979
tobacco, or any other item that contains tobacco.	19980

(FFF) "Drug" means a compound, substance, or preparation, and	19981
any component of a compound, substance, or preparation, other than	19982
food, dietary supplements, or alcoholic beverages that is	19983
recognized in the official United States pharmacopoeia, official	19984
homeopathic pharmacopoeia of the United States, or official	19985
national formulary, and supplements to them; is intended for use	19986
in the diagnosis, cure, mitigation, treatment, or prevention of	19987
disease; or is intended to affect the structure or any function of	19988
the body.	19989

(GGG) "Prescription" means an order, formula, or recipe	19990
issued in any form of oral, written, electronic, or other means of	19991
transmission by a duly licensed practitioner authorized by the	19992
laws of this state to issue a prescription.	19993

(HHH) "Durable medical equipment" means equipment, including	19994
repair and replacement parts for such equipment, that can	19995
withstand repeated use, is primarily and customarily used to serve	19996
a medical purpose, generally is not useful to a person in the	19997
absence of illness or injury, and is not worn in or on the body.	19998
"Durable medical equipment" does not include mobility enhancing	19999
equipment.	20000

(III) "Mobility enhancing equipment" means equipment,	20001
including repair and replacement parts for such equipment, that is	20002
primarily and customarily used to provide or increase the ability	20003
to move from one place to another and is appropriate for use	20004
either in a home or a motor vehicle, that is not generally used by	20005
persons with normal mobility, and that does not include any motor	20006
vehicle or equipment on a motor vehicle normally provided by a	20007
motor vehicle manufacturer. "Mobility enhancing equipment" does	20008
not include durable medical equipment.	20009

(JJJ) "Prosthetic device" means a replacement, corrective, or	20010
supportive device, including repair and replacement parts for the	20011
device, worn on or in the human body to artificially replace a	20012
missing portion of the body, prevent or correct physical deformity	20013
or malfunction, or support a weak or deformed portion of the body.	20014
As used in this division, "prosthetic device" does not include	20015
corrective eyeglasses, contact lenses, or dental prosthesis.	20016

(KKK)(1) "Fractional aircraft ownership program" means a	20017
program in which persons within an affiliated group sell and	20018
manage fractional ownership program aircraft, provided that at	20019
least one hundred airworthy aircraft are operated in the program	20020
and the program meets all of the following criteria:	20021

(a) Management services are provided by at least one program	20022
manager within an affiliated group on behalf of the fractional	20023
owners.	20024

(b) Each program aircraft is owned or possessed by at least	20025
one fractional owner.	20026

(c) Each fractional owner owns or possesses at least a	20027
one-sixteenth interest in at least one fixed-wing program	20028
aircraft.	20029

(d) A dry-lease aircraft interchange arrangement is in effect	20030
among all of the fractional owners.	20031

(e) Multi-year program agreements are in effect regarding the	20032
fractional ownership, management services, and dry-lease aircraft	20033
interchange arrangement aspects of the program.	20034

(2) As used in division (KKK)(1) of this section:

20035

(a) "Affiliated group" has the same meaning as in division	20036
(B)(3)(e) of this section.	20037

(b) "Fractional owner" means a person that owns or possesses	20038
at least a one-sixteenth interest in a program aircraft and has	20039
entered into the agreements described in division (KKK)(1)(e) of	20040
this section.	20041

(c) "Fractional ownership program aircraft" or "program	20042
aircraft" means a turbojet aircraft that is owned or possessed by	20043
a fractional owner and that has been included in a dry-lease	20044
aircraft interchange arrangement and agreement under divisions	20045
(KKK)(1)(d) and (e) of this section, or an aircraft a program	20046
manager owns or possesses primarily for use in a fractional	20047
aircraft ownership program.	20048

(d) "Management services" means administrative and aviation	20049
support services furnished under a fractional aircraft ownership	20050
program in accordance with a management services agreement under	20051
division (KKK)(1)(e) of this section, and offered by the program	20052
manager to the fractional owners, including, at a minimum, the	20053
establishment and implementation of safety guidelines; the	20054
coordination of the scheduling of the program aircraft and crews;	20055
program aircraft maintenance; program aircraft insurance; crew	20056
training for crews employed, furnished, or contracted by the	20057
program manager or the fractional owner; the satisfaction of	20058
record-keeping requirements; and the development and use of an	20059
operations manual and a maintenance manual for the fractional	20060
aircraft ownership program.	20061

(e) "Program manager" means the person that offers management	20062
services to fractional owners pursuant to a management services	20063
agreement under division (KKK)(1)(e) of this section.	20064

(LLL) "Electronic publishing" means providing access to one	20065
or more of the following primarily for business customers,	20066
including the federal government or a state government or a	20067
political subdivision thereof, to conduct research: news;	20068
business, financial, legal, consumer, or credit materials;	20069
editorials, columns, reader commentary, or features; photos or	20070
images; archival or research material; legal notices, identity	20071
verification, or public records; scientific, educational,	20072
instructional, technical, professional, trade, or other literary	20073
materials; or other similar information which has been gathered	20074
and made available by the provider to the consumer in an	20075
electronic format. Providing electronic publishing includes the	20076
functions necessary for the acquisition, formatting, editing,	20077
storage, and dissemination of data or information that is the	20078
subject of a sale.	20079

Sec. 5739.02. For the purpose of providing revenue with	20080
which to meet the needs of the state, for the use of the general	20081
revenue fund of the state, for the purpose of securing a thorough	20082
and efficient system of common schools throughout the state, for	20083
the purpose of affording revenues, in addition to those from	20084
general property taxes, permitted under constitutional	20085
limitations, and from other sources, for the support of local	20086
governmental functions, and for the purpose of reimbursing the	20087
state for the expense of administering this chapter, an excise tax	20088
is hereby levied on each retail sale made in this state.	20089

(A)(1) The tax shall be collected as provided in section	20090
5739.025 of the Revised Code~~, provided that on and after July 1,~~	20091
~~2003, and on or before June 30, 2005, the rate of tax shall be six~~	20092
~~per cent. On and after July 1, 2005, the~~. The rate of the tax	20093
shall be five and one-half per cent. The tax applies and is	20094
collectible when the sale is made, regardless of the time when	20095
the price is paid or delivered.	20096

(2) In the case of the lease or rental, with a fixed term of	20097
more than thirty days or an indefinite term with a minimum period	20098
of more than thirty days, of any motor vehicles designed by the	20099
manufacturer to carry a load of not more than one ton, watercraft,	20100
outboard motor, or aircraft, or of any tangible personal property,	20101
other than motor vehicles designed by the manufacturer to carry a	20102
load of more than one ton, to be used by the lessee or renter	20103
primarily for business purposes, the tax shall be collected by the	20104
vendor at the time the lease or rental is consummated and shall be	20105
calculated by the vendor on the basis of the total amount to be	20106
paid by the lessee or renter under the lease agreement. If the	20107
total amount of the consideration for the lease or rental includes	20108
amounts that are not calculated at the time the lease or rental is	20109
executed, the tax shall be calculated and collected by the vendor	20110
at the time such amounts are billed to the lessee or renter. In	20111
the case of an open-end lease or rental, the tax shall be	20112
calculated by the vendor on the basis of the total amount to be	20113
paid during the initial fixed term of the lease or rental, and for	20114
each subsequent renewal period as it comes due. As used in this	20115
division, "motor vehicle" has the same meaning as in section	20116
4501.01 of the Revised Code, and "watercraft" includes an outdrive	20117
unit attached to the watercraft.	20118

A lease with a renewal clause and a termination penalty or	20119
similar provision that applies if the renewal clause is not	20120
exercised is presumed to be a sham transaction. In such a case,	20121
the tax shall be calculated and paid on the basis of the entire	20122
length of the lease period, including any renewal periods, until	20123
the termination penalty or similar provision no longer applies.	20124
The taxpayer shall bear the burden, by a preponderance of the	20125
evidence, that the transaction or series of transactions is not a	20126
sham transaction.	20127

(3) Except as provided in division (A)(2) of this section, in	20128
the case of a sale, the price of which consists in whole or in	20129
part of the lease or rental of tangible personal property, the tax	20130
shall be measured by the installments of that lease or rental.	20131

(4) In the case of a sale of a physical fitness facility	20132
service or recreation and sports club service, the price of which	20133
consists in whole or in part of a membership for the receipt of	20134
the benefit of the service, the tax applicable to the sale shall	20135
be measured by the installments thereof.	20136

(B) The tax does not apply to the following:

20137

(1) Sales to the state or any of its political subdivisions,	20138
or to any other state or its political subdivisions if the laws of	20139
that state exempt from taxation sales made to this state and its	20140
political subdivisions;	20141

(2) Sales of food for human consumption off the premises	20142
where sold;	20143

(3) Sales of food sold to students only in a cafeteria,	20144
dormitory, fraternity, or sorority maintained in a private,	20145
public, or parochial school, college, or university;	20146

(4) Sales of newspapers and of magazine subscriptions and	20147
sales or transfers of magazines distributed as controlled	20148
circulation publications;	20149

(5) The furnishing, preparing, or serving of meals without	20150
charge by an employer to an employee provided the employer records	20151
the meals as part compensation for services performed or work	20152
done;	20153

(6) Sales of motor fuel upon receipt, use, distribution, or	20154
sale of which in this state a tax is imposed by the law of this	20155
state, but this exemption shall not apply to the sale of motor	20156
fuel on which a refund of the tax is allowable under division (A)	20157
of section 5735.14 of the Revised Code; and the tax commissioner	20158
may deduct the amount of tax levied by this section applicable to	20159
the price of motor fuel when granting a refund of motor fuel tax	20160
pursuant to division (A) of section 5735.14 of the Revised Code	20161
and shall cause the amount deducted to be paid into the general	20162
revenue fund of this state;	20163

(7) Sales of natural gas by a natural gas company, of water	20164
by a water-works company, or of steam by a heating company, if in	20165
each case the thing sold is delivered to consumers through pipes	20166
or conduits, and all sales of communications services by a	20167
telegraph company, all terms as defined in section 5727.01 of the	20168
Revised Code, and sales of electricity delivered through wires;	20169

(8) Casual sales by a person, or auctioneer employed directly	20170
by the person to conduct such sales, except as to such sales of	20171
motor vehicles, watercraft or outboard motors required to be	20172
titled under section 1548.06 of the Revised Code, watercraft	20173
documented with the United States coast guard, snowmobiles, and	20174
all-purpose vehicles as defined in section 4519.01 of the Revised	20175
Code;	20176

(9)(a) Sales of services or tangible personal property, other	20177
than motor vehicles, mobile homes, and manufactured homes, by	20178
churches, organizations exempt from taxation under section	20179
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	20180
organizations operated exclusively for charitable purposes as	20181
defined in division (B)(12) of this section, provided that the	20182
number of days on which such tangible personal property or	20183
services, other than items never subject to the tax, are sold does	20184
not exceed six in any calendar year, except as otherwise provided	20185
in division (B)(9)(b) of this section. If the number of days on	20186
which such sales are made exceeds six in any calendar year, the	20187
church or organization shall be considered to be engaged in	20188
business and all subsequent sales by it shall be subject to the	20189
tax. In counting the number of days, all sales by groups within a	20190
church or within an organization shall be considered to be sales	20191
of that church or organization.	20192

(b) The limitation on the number of days on which tax-exempt	20193
sales may be made by a church or organization under division	20194
(B)(9)(a) of this section does not apply to sales made by student	20195
clubs and other groups of students of a primary or secondary	20196
school, or a parent-teacher association, booster group, or similar	20197
organization that raises money to support or fund curricular or	20198
extracurricular activities of a primary or secondary school.	20199

(c) Divisions (B)(9)(a) and (b) of this section do not apply	20200
to sales by a noncommercial educational radio or television	20201
broadcasting station.	20202

(10) Sales not within the taxing power of this state under	20203
the Constitution of the United States;	20204

(11) Except for transactions that are sales under division	20205
(B)(3)(r) of section 5739.01 of the Revised Code, the	20206
transportation of persons or property, unless the transportation	20207
is by a private investigation and security service;	20208

(12) Sales of tangible personal property or services to	20209
churches, to organizations exempt from taxation under section	20210
501(c)(3) of the Internal Revenue Code of 1986, and to any other	20211
nonprofit organizations operated exclusively for charitable	20212
purposes in this state, no part of the net income of which inures	20213
to the benefit of any private shareholder or individual, and no	20214
substantial part of the activities of which consists of carrying	20215
on propaganda or otherwise attempting to influence legislation;	20216
sales to offices administering one or more homes for the aged or	20217
one or more hospital facilities exempt under section 140.08 of the	20218
Revised Code; and sales to organizations described in division (D)	20219
of section 5709.12 of the Revised Code.	20220

"Charitable purposes" means the relief of poverty; the	20221
improvement of health through the alleviation of illness, disease,	20222
or injury; the operation of an organization exclusively for the	20223
provision of professional, laundry, printing, and purchasing	20224
services to hospitals or charitable institutions; the operation of	20225
a home for the aged, as defined in section 5701.13 of the Revised	20226
Code; the operation of a radio or television broadcasting station	20227
that is licensed by the federal communications commission as a	20228
noncommercial educational radio or television station; the	20229
operation of a nonprofit animal adoption service or a county	20230
humane society; the promotion of education by an institution of	20231
learning that maintains a faculty of qualified instructors,	20232
teaches regular continuous courses of study, and confers a	20233
recognized diploma upon completion of a specific curriculum; the	20234
operation of a parent-teacher association, booster group, or	20235
similar organization primarily engaged in the promotion and	20236
support of the curricular or extracurricular activities of a	20237
primary or secondary school; the operation of a community or area	20238
center in which presentations in music, dramatics, the arts, and	20239
related fields are made in order to foster public interest and	20240
education therein; the production of performances in music,	20241
dramatics, and the arts; or the promotion of education by an	20242
organization engaged in carrying on research in, or the	20243
dissemination of, scientific and technological knowledge and	20244
information primarily for the public.	20245

Nothing in this division shall be deemed to exempt sales to	20246
any organization for use in the operation or carrying on of a	20247
trade or business, or sales to a home for the aged for use in the	20248
operation of independent living facilities as defined in division	20249
(A) of section 5709.12 of the Revised Code.	20250

(13) Building and construction materials and services sold to	20251
construction contractors for incorporation into a structure or	20252
improvement to real property under a construction contract with	20253
this state or a political subdivision of this state, or with the	20254
United States government or any of its agencies; building and	20255
construction materials and services sold to construction	20256
contractors for incorporation into a structure or improvement to	20257
real property that are accepted for ownership by this state or any	20258
of its political subdivisions, or by the United States government	20259
or any of its agencies at the time of completion of the structures	20260
or improvements; building and construction materials sold to	20261
construction contractors for incorporation into a horticulture	20262
structure or livestock structure for a person engaged in the	20263
business of horticulture or producing livestock; building	20264
materials and services sold to a construction contractor for	20265
incorporation into a house of public worship or religious	20266
education, or a building used exclusively for charitable purposes	20267
under a construction contract with an organization whose purpose	20268
is as described in division (B)(12) of this section; building	20269
materials and services sold to a construction contractor for	20270
incorporation into a building under a construction contract with	20271
an organization exempt from taxation under section 501(c)(3) of	20272
the Internal Revenue Code of 1986 when the building is to be used	20273
exclusively for the organization's exempt purposes; building and	20274
construction materials sold for incorporation into the original	20275
construction of a sports facility under section 307.696 of the	20276
Revised Code; and building and construction materials and services	20277
sold to a construction contractor for incorporation into real	20278
property outside this state if such materials and services, when	20279
sold to a construction contractor in the state in which the real	20280
property is located for incorporation into real property in that	20281
state, would be exempt from a tax on sales levied by that state;	20282

(14) Sales of ships or vessels or rail rolling stock used or	20283
to be used principally in interstate or foreign commerce, and	20284
repairs, alterations, fuel, and lubricants for such ships or	20285
vessels or rail rolling stock;	20286

(15) Sales to persons primarily engaged in any of the	20287
activities mentioned in division (B)(42)(a) or (g) of this	20288
section, to persons engaged in making retail sales, or to persons	20289
who purchase for sale from a manufacturer tangible personal	20290
property that was produced by the manufacturer in accordance with	20291
specific designs provided by the purchaser, of packages, including	20292
material, labels, and parts for packages, and of machinery,	20293
equipment, and material for use primarily in packaging tangible	20294
personal property produced for sale, including any machinery,	20295
equipment, and supplies used to make labels or packages, to	20296
prepare packages or products for labeling, or to label packages or	20297
products, by or on the order of the person doing the packaging, or	20298
sold at retail. "Packages" includes bags, baskets, cartons,	20299
crates, boxes, cans, bottles, bindings, wrappings, and other	20300
similar devices and containers, but does not include motor	20301
vehicles or bulk tanks, trailers, or similar devices attached to	20302
motor vehicles. "Packaging" means placing in a package. Division	20303
(B)(15) of this section does not apply to persons engaged in	20304
highway transportation for hire.	20305

(16) Sales of food to persons using food stamp benefits to	20306
purchase the food. As used in this division, "food" has the same	20307
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	20308
2012, as amended, and federal regulations adopted pursuant to that	20309
act.	20310

(17) Sales to persons engaged in farming, agriculture,	20311
horticulture, or floriculture, of tangible personal property for	20312
use or consumption directly in the production by farming,	20313
agriculture, horticulture, or floriculture of other tangible	20314
personal property for use or consumption directly in the	20315
production of tangible personal property for sale by farming,	20316
agriculture, horticulture, or floriculture; or material and parts	20317
for incorporation into any such tangible personal property for use	20318
or consumption in production; and of tangible personal property	20319
for such use or consumption in the conditioning or holding of	20320
products produced by and for such use, consumption, or sale by	20321
persons engaged in farming, agriculture, horticulture, or	20322
floriculture, except where such property is incorporated into real	20323
property;	20324

(18) Sales of drugs for a human being that may be dispensed	20325
only pursuant to a prescription; insulin as recognized in the	20326
official United States pharmacopoeia; urine and blood testing	20327
materials when used by diabetics or persons with hypoglycemia to	20328
test for glucose or acetone; hypodermic syringes and needles when	20329
used by diabetics for insulin injections; epoetin alfa when	20330
purchased for use in the treatment of persons with medical	20331
disease; hospital beds when purchased by hospitals, nursing homes,	20332
or other medical facilities; and medical oxygen and medical	20333
oxygen-dispensing equipment when purchased by hospitals, nursing	20334
homes, or other medical facilities;	20335

(19) Sales of prosthetic devices, durable medical equipment	20336
for home use, or mobility enhancing equipment, when made pursuant	20337
to a prescription and when such devices or equipment are for use	20338
by a human being.	20339

(20) Sales of emergency and fire protection vehicles and	20340
equipment to nonprofit organizations for use solely in providing	20341
fire protection and emergency services, including trauma care and	20342
emergency medical services, for political subdivisions of the	20343
state;	20344

(21) Sales of tangible personal property manufactured in this	20345
state, if sold by the manufacturer in this state to a retailer for	20346
use in the retail business of the retailer outside of this state	20347
and if possession is taken from the manufacturer by the purchaser	20348
within this state for the sole purpose of immediately removing the	20349
same from this state in a vehicle owned by the purchaser;	20350

(22) Sales of services provided by the state or any of its	20351
political subdivisions, agencies, instrumentalities, institutions,	20352
or authorities, or by governmental entities of the state or any of	20353
its political subdivisions, agencies, instrumentalities,	20354
institutions, or authorities;	20355

(23) Sales of motor vehicles to nonresidents of this state	20356
under the circumstances described in division (B) of section	20357
5739.029 of the Revised Code;	20358

(24) Sales to persons engaged in the preparation of eggs for	20359
sale of tangible personal property used or consumed directly in	20360
such preparation, including such tangible personal property used	20361
for cleaning, sanitizing, preserving, grading, sorting, and	20362
classifying by size; packages, including material and parts for	20363
packages, and machinery, equipment, and material for use in	20364
packaging eggs for sale; and handling and transportation equipment	20365
and parts therefor, except motor vehicles licensed to operate on	20366
public highways, used in intraplant or interplant transfers or	20367
shipment of eggs in the process of preparation for sale, when the	20368
plant or plants within or between which such transfers or	20369
shipments occur are operated by the same person. "Packages"	20370
includes containers, cases, baskets, flats, fillers, filler flats,	20371
cartons, closure materials, labels, and labeling materials, and	20372
"packaging" means placing therein.	20373

(25)(a) Sales of water to a consumer for residential use,	20374
except the sale of bottled water, distilled water, mineral water,	20375
carbonated water, or ice;	20376

(b) Sales of water by a nonprofit corporation engaged	20377
exclusively in the treatment, distribution, and sale of water to	20378
consumers, if such water is delivered to consumers through pipes	20379
or tubing.	20380

(26) Fees charged for inspection or reinspection of motor	20381
vehicles under section 3704.14 of the Revised Code;	20382

(27) Sales to persons licensed to conduct a food service	20383
operation pursuant to section 3717.43 of the Revised Code, of	20384
tangible personal property primarily used directly for the	20385
following:	20386

(a) To prepare food for human consumption for sale;

20387

(b) To preserve food that has been or will be prepared for	20388
human consumption for sale by the food service operator, not	20389
including tangible personal property used to display food for	20390
selection by the consumer;	20391

(c) To clean tangible personal property used to prepare or	20392
serve food for human consumption for sale.	20393

(28) Sales of animals by nonprofit animal adoption services	20394
or county humane societies;	20395

(29) Sales of services to a corporation described in division	20396
(A) of section 5709.72 of the Revised Code, and sales of tangible	20397
personal property that qualifies for exemption from taxation under	20398
section 5709.72 of the Revised Code;	20399

(30) Sales and installation of agricultural land tile, as	20400
defined in division (B)(5)(a) of section 5739.01 of the Revised	20401
Code;	20402

(31) Sales and erection or installation of portable grain	20403
bins, as defined in division (B)(5)(b) of section 5739.01 of the	20404
Revised Code;	20405

(32) The sale, lease, repair, and maintenance of, parts for,	20406
or items attached to or incorporated in, motor vehicles that are	20407
primarily used for transporting tangible personal property	20408
belonging to others by a person engaged in highway transportation	20409
for hire, except for packages and packaging used for the	20410
transportation of tangible personal property;	20411

(33) Sales to the state headquarters of any veterans'	20412
organization in this state that is either incorporated and issued	20413
a charter by the congress of the United States or is recognized by	20414
the United States veterans administration, for use by the	20415
headquarters;	20416

(34) Sales to a telecommunications service vendor, mobile	20417
telecommunications service vendor, or satellite broadcasting	20418
service vendor of tangible personal property and services used	20419
directly and primarily in transmitting, receiving, switching, or	20420
recording any interactive, one- or two-way electromagnetic	20421
communications, including voice, image, data, and information,	20422
through the use of any medium, including, but not limited to,	20423
poles, wires, cables, switching equipment, computers, and record	20424
storage devices and media, and component parts for the tangible	20425
personal property. The exemption provided in this division shall	20426
be in lieu of all other exemptions under division (B)(42)(a) of	20427
this section to which the vendor may otherwise be entitled, based	20428
upon the use of the thing purchased in providing the	20429
telecommunications, mobile telecommunications, or satellite	20430
broadcasting service.	20431

(35)(a) Sales where the purpose of the consumer is to use or	20432
consume the things transferred in making retail sales and	20433
consisting of newspaper inserts, catalogues, coupons, flyers, gift	20434
certificates, or other advertising material that prices and	20435
describes tangible personal property offered for retail sale.	20436

(b) Sales to direct marketing vendors of preliminary	20437
materials such as photographs, artwork, and typesetting that will	20438
be used in printing advertising material; of printed matter that	20439
offers free merchandise or chances to win sweepstake prizes and	20440
that is mailed to potential customers with advertising material	20441
described in division (B)(35)(a) of this section; and of equipment	20442
such as telephones, computers, facsimile machines, and similar	20443
tangible personal property primarily used to accept orders for	20444
direct marketing retail sales.	20445

(c) Sales of automatic food vending machines that preserve	20446
food with a shelf life of forty-five days or less by refrigeration	20447
and dispense it to the consumer.	20448

For purposes of division (B)(35) of this section, "direct	20449
marketing" means the method of selling where consumers order	20450
tangible personal property by United States mail, delivery	20451
service, or telecommunication and the vendor delivers or ships the	20452
tangible personal property sold to the consumer from a warehouse,	20453
catalogue distribution center, or similar fulfillment facility by	20454
means of the United States mail, delivery service, or common	20455
carrier.	20456

(36) Sales to a person engaged in the business of	20457
horticulture or producing livestock of materials to be	20458
incorporated into a horticulture structure or livestock structure;	20459

(37) Sales of personal computers, computer monitors, computer	20460
keyboards, modems, and other peripheral computer equipment to an	20461
individual who is licensed or certified to teach in an elementary	20462
or a secondary school in this state for use by that individual in	20463
preparation for teaching elementary or secondary school students;	20464

(38) Sales to a professional racing team of any of the	20465
following:	20466

(a) Motor racing vehicles;

20467

(b) Repair services for motor racing vehicles;

20468

(c) Items of property that are attached to or incorporated in	20469
motor racing vehicles, including engines, chassis, and all other	20470
components of the vehicles, and all spare, replacement, and	20471
rebuilt parts or components of the vehicles; except not including	20472
tires, consumable fluids, paint, and accessories consisting of	20473
instrumentation sensors and related items added to the vehicle to	20474
collect and transmit data by means of telemetry and other forms of	20475
communication.	20476

(39) Sales of used manufactured homes and used mobile homes,	20477
as defined in section 5739.0210 of the Revised Code, made on or	20478
after January 1, 2000;	20479

(40) Sales of tangible personal property and services to a	20480
provider of electricity used or consumed directly and primarily in	20481
generating, transmitting, or distributing electricity for use by	20482
others, including property that is or is to be incorporated into	20483
and will become a part of the consumer's production, transmission,	20484
or distribution system and that retains its classification as	20485
tangible personal property after incorporation; fuel or power used	20486
in the production, transmission, or distribution of electricity;	20487
and tangible personal property and services used in the repair and	20488
maintenance of the production, transmission, or distribution	20489
system, including only those motor vehicles as are specially	20490
designed and equipped for such use. The exemption provided in this	20491
division shall be in lieu of all other exemptions in division	20492
(B)(42)(a) of this section to which a provider of electricity may	20493
otherwise be entitled based on the use of the tangible personal	20494
property or service purchased in generating, transmitting, or	20495
distributing electricity.	20496

(41) Sales to a person providing services under division	20497
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	20498
personal property and services used directly and primarily in	20499
providing taxable services under that section.	20500

(42) Sales where the purpose of the purchaser is to do any of	20501
the following:	20502

(a) To incorporate the thing transferred as a material or a	20503
part into tangible personal property to be produced for sale by	20504
manufacturing, assembling, processing, or refining; or to use or	20505
consume the thing transferred directly in producing tangible	20506
personal property for sale by mining, including, without	20507
limitation, the extraction from the earth of all substances that	20508
are classed geologically as minerals, production of crude oil and	20509
natural gas, farming, agriculture, horticulture, or floriculture,	20510
or directly in the rendition of a public utility service, except	20511
that the sales tax levied by this section shall be collected upon	20512
all meals, drinks, and food for human consumption sold when	20513
transporting persons. Persons engaged in rendering farming,	20514
agricultural, horticultural, or floricultural services, and	20515
services in the exploration for, and production of, crude oil and	20516
natural gas, for others are deemed engaged directly in farming,	20517
agriculture, horticulture, and floriculture, or exploration for,	20518
and production of, crude oil and natural gas. This paragraph does	20519
not exempt from "retail sale" or "sales at retail" the sale of	20520
tangible personal property that is to be incorporated into a	20521
structure or improvement to real property.	20522

(b) To hold the thing transferred as security for the	20523
performance of an obligation of the vendor;	20524

(c) To resell, hold, use, or consume the thing transferred as	20525
evidence of a contract of insurance;	20526

(d) To use or consume the thing directly in commercial	20527
fishing;	20528

(e) To incorporate the thing transferred as a material or a	20529
part into, or to use or consume the thing transferred directly in	20530
the production of, magazines distributed as controlled circulation	20531
publications;	20532

(f) To use or consume the thing transferred in the production	20533
and preparation in suitable condition for market and sale of	20534
printed, imprinted, overprinted, lithographic, multilithic,	20535
blueprinted, photostatic, or other productions or reproductions of	20536
written or graphic matter;	20537

(g) To use the thing transferred, as described in section	20538
5739.011 of the Revised Code, primarily in a manufacturing	20539
operation to produce tangible personal property for sale;	20540

(h) To use the benefit of a warranty, maintenance or service	20541
contract, or similar agreement, as described in division (B)(7) of	20542
section 5739.01 of the Revised Code, to repair or maintain	20543
tangible personal property, if all of the property that is the	20544
subject of the warranty, contract, or agreement would not be	20545
subject to the tax imposed by this section;	20546

(i) To use the thing transferred as qualified research and	20547
development equipment;	20548

(j) To use or consume the thing transferred primarily in	20549
storing, transporting, mailing, or otherwise handling purchased	20550
sales inventory in a warehouse, distribution center, or similar	20551
facility when the inventory is primarily distributed outside this	20552
state to retail stores of the person who owns or controls the	20553
warehouse, distribution center, or similar facility, to retail	20554
stores of an affiliated group of which that person is a member, or	20555
by means of direct marketing. This division does not apply to	20556
motor vehicles registered for operation on the public highways. As	20557
used in this division, "affiliated group" has the same meaning as	20558
in division (B)(3)(e) of section 5739.01 of the Revised Code and	20559
"direct marketing" has the same meaning as in division (B)(35) of	20560
this section.	20561

(k) To use or consume the thing transferred to fulfill a	20562
contractual obligation incurred by a warrantor pursuant to a	20563
warranty provided as a part of the price of the tangible personal	20564
property sold or by a vendor of a warranty, maintenance or service	20565
contract, or similar agreement the provision of which is defined	20566
as a sale under division (B)(7) of section 5739.01 of the Revised	20567
Code;	20568

(l) To use or consume the thing transferred in the production	20569
of a newspaper for distribution to the public;	20570

(m) To use tangible personal property to perform a service	20571
listed in division (B)(3) of section 5739.01 of the Revised Code,	20572
if the property is or is to be permanently transferred to the	20573
consumer of the service as an integral part of the performance of	20574
the service.;	20575

(n) To use or consume the thing transferred in acquiring,	20576
formatting, editing, storing, and disseminating data or	20577
information by electronic publishing.	20578

As used in division (B)(42) of this section, "thing" includes	20579
all transactions included in divisions (B)(3)(a), (b), and (e) of	20580
section 5739.01 of the Revised Code.	20581

(43) Sales conducted through a coin operated device that	20582
activates vacuum equipment or equipment that dispenses water,	20583
whether or not in combination with soap or other cleaning agents	20584
or wax, to the consumer for the consumer's use on the premises in	20585
washing, cleaning, or waxing a motor vehicle, provided no other	20586
personal property or personal service is provided as part of the	20587
transaction.	20588

(44) Sales of replacement and modification parts for engines,	20589
airframes, instruments, and interiors in, and paint for, aircraft	20590
used primarily in a fractional aircraft ownership program, and	20591
sales of services for the repair, modification, and maintenance of	20592
such aircraft, and machinery, equipment, and supplies primarily	20593
used to provide those services.	20594

(45) Sales of telecommunications service that is used	20595
directly and primarily to perform the functions of a call center.	20596
As used in this division, "call center" means any physical	20597
location where telephone calls are placed or received in high	20598
volume for the purpose of making sales, marketing, customer	20599
service, technical support, or other specialized business	20600
activity, and that employs at least fifty individuals that engage	20601
in call center activities on a full-time basis, or sufficient	20602
individuals to fill fifty full-time equivalent positions.	20603

(46) Sales by a telecommunications service vendor of 900	20604
service to a subscriber. This division does not apply to	20605
information services, as defined in division (FF) of section	20606
5739.01 of the Revised Code.	20607

(47) Sales of value-added non-voice data service. This	20608
division does not apply to any similar service that is not	20609
otherwise a telecommunications service.	20610

(48)(a) Sales of machinery, equipment, and software to a	20611
qualified direct selling entity for use in a warehouse or	20612
distribution center primarily for storing, transporting, or	20613
otherwise handling inventory that is held for sale to independent	20614
salespersons who operate as direct sellers and that is held	20615
primarily for distribution outside this state;	20616

(b) As used in division (B)(48)(a) of this section:

20617

(i) "Direct seller" means a person selling consumer products	20618
to individuals for personal or household use and not from a fixed	20619
retail location, including selling such product at in-home product	20620
demonstrations, parties, and other one-on-one selling.	20621

(ii) "Qualified direct selling entity" means an entity	20622
selling to direct sellers at the time the entity enters into a tax	20623
credit agreement with the tax credit authority pursuant to section	20624
122.17 of the Revised Code, provided that the agreement was	20625
entered into on or after January 1, 2007. Neither contingencies	20626
relevant to the granting of, nor later developments with respect	20627
to, the tax credit shall impair the status of the qualified direct	20628
selling entity under division (B)(48) of this section after	20629
execution of the tax credit agreement by the tax credit authority.	20630

(c) Division (B)(48) of this section is limited to machinery,	20631
equipment, and software first stored, used, or consumed in this	20632
state within the period commencing with the effective date of the	20633
amendment of this section by the capital appropriations act of the	20634
127th general assembly and ending on the date that is five years	20635
after that effective date.	20636

(49) Sales of materials, parts, equipment, or engines used	20637
in the repair or maintenance of aircraft or avionics systems of	20638
such aircraft, and sales of repair, remodeling, replacement, or	20639
maintenance services at a federal aviation administration	20640
certified repair station in this state performed on aircraft or	20641
on an aircraft's avionics, engine, or component materials or	20642
parts. As used in division (B)(49) of this section, "aircraft"	20643
means aircraft of more than six thousand pounds maximum certified	20644
takeoff weight or used exclusively in general aviation.	20645

(50) Sales of full flight simulators that are used for pilot	20646
or flight-crew training, sales of repair or replacement parts or	20647
components, and sales of repair or maintenance services for such	20648
full flight simulators. "Full flight simulator" means a replica	20649
of a specific type, or make, model, and series of aircraft	20650
cockpit. It includes the assemblage of equipment and computer	20651
programs necessary to represent aircraft operations in ground and	20652
flight conditions, a visual system providing an	20653
out-of-the-cockpit view, and a system that provides cues at	20654
least equivalent to those of a three-degree-of-freedom motion	20655
system, and has the full range of capabilities of the systems	20656
installed in the device as described in appendices A and B of	20657
part 60 of chapter 1 of title 14 of the Code of Federal	20658
Regulations.	20659

(C) For the purpose of the proper administration of this	20660
chapter, and to prevent the evasion of the tax, it is presumed	20661
that all sales made in this state are subject to the tax until the	20662
contrary is established.	20663

(D) The levy of this tax on retail sales of recreation and	20664
sports club service shall not prevent a municipal corporation from	20665
levying any tax on recreation and sports club dues or on any	20666
income generated by recreation and sports club dues.	20667

(E) The tax collected by the vendor from the consumer under	20668
this chapter is not part of the price, but is a tax collection for	20669
the benefit of the state, and of counties levying an additional	20670
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	20671
Code and of transit authorities levying an additional sales tax	20672
pursuant to section 5739.023 of the Revised Code. Except for the	20673
discount authorized under section 5739.12 of the Revised Code and	20674
the effects of any rounding pursuant to section 5703.055 of the	20675
Revised Code, no person other than the state or such a county or	20676
transit authority shall derive any benefit from the collection or	20677
payment of the tax levied by this section or section 5739.021,	20678
5739.023, or 5739.026 of the Revised Code.	20679

Sec. 5739.029. (A) Notwithstanding sections 5739.02,	20680
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	20681
5741.023 of the Revised Code, and except as otherwise provided in	20682
division (B) of this section, the tax due under this chapter on	20683
the sale of a motor vehicle required to be titled under Chapter	20684
4505. of the Revised Code by a motor vehicle dealer to a consumer	20685
that is a nonresident of this state shall be the lesser of the	20686
amount of tax that would be due under this chapter and Chapter	20687
5741. of the Revised Code if the total combined rate were six per	20688
cent, or the amount of tax that would be due, to the state in	20689
which the consumer titles or registers the motor vehicle or to	20690
which the consumer removes the vehicle for use.	20691

(B) No tax is due under this section, any other section of	20692
this chapter, or Chapter 5741. of the Revised Code under any of	20693
the following circumstances:	20694

(1)(a) The consumer intends to immediately remove the motor	20695
vehicle from this state for use outside this state;	20696

(b) Upon removal of the motor vehicle from this state, the	20697
consumer intends to title or register the vehicle in another state	20698
if such titling or registration is required;	20699

(c) The consumer executes an affidavit as required under	20700
division (C) of this section affirming the consumer's intentions	20701
under divisions (B)(1)(a) and (b) of this section; and	20702

(d) The state in which the consumer titles or registers the	20703
motor vehicle or to which the consumer removes the vehicle for use	20704
provides an exemption under circumstances substantially similar to	20705
those described in division (B)(1) of this section.	20706

(2) The state in which the consumer titles or registers the	20707
motor vehicle or to which the consumer removes the vehicle for use	20708
does not provide a credit against its sales or use tax or similar	20709
excise tax for sales or use tax paid to this state.	20710

(3) The state in which the consumer titles or registers the	20711
motor vehicle or to which the consumer removes the vehicle for use	20712
does not impose a sales or use tax or similar excise tax on the	20713
ownership or use of motor vehicles.	20714

(C) Any nonresident consumer that purchases a motor vehicle	20715
from a motor vehicle dealer in this state under the circumstances	20716
described in divisions (B)(1)(a) and (b) of this section shall	20717
execute an affidavit affirming the intentions described in those	20718
divisions. The affidavit shall be executed in triplicate and in	20719
the form specified by the tax commissioner. The affidavit shall be	20720
given to the motor vehicle dealer.	20721

A motor vehicle dealer that accepts in good faith an	20722
affidavit presented under this division by a nonresident consumer	20723
may rely upon the representations made in the affidavit.	20724

(D) A motor vehicle dealer making a sale subject to the tax	20725
under division (A) of this section shall collect the tax due	20726
unless the sale is subject to the exception under division (B) of	20727
this section or unless the sale is not otherwise subject to taxes	20728
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,	20729
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In	20730
the case of a sale under the circumstances described in division	20731
(B)(1) of this section, the dealer shall retain one copy of the	20732
affidavit and file the original and the other copy with the clerk	20733
of the court of common pleas. If tax is due under division (A) of	20734
this section, the dealer shall remit the tax collected to the	20735
clerk at the time the dealer obtains the Ohio certificate of title	20736
in the name of the consumer as required under section 4505.06 of	20737
the Revised Code. The clerk shall forward the original affidavit	20738
to the tax commissioner in the manner prescribed by the	20739
commissioner.	20740

Unless a sale is excepted from taxation under division (B) of	20741
this section, upon receipt of an application for certificate of	20742
title a clerk of the court of common pleas shall collect the sales	20743
tax due under division (A) of this section. The clerk shall remit	20744
the tax collected to the tax commissioner in the manner prescribed	20745
by the commissioner.	20746

(E) If a motor vehicle is purchased by a corporation	20747
described in division (B)(6) of section 5739.01 of the Revised	20748
Code, the state of residence of the consumer for the purposes of	20749
this section is the state of residence of the corporation's	20750
principal shareholder.	20751

(F) Any provision of this chapter or of Chapter 5741. of the	20752
Revised Code that is not inconsistent with this section applies to	20753
sales described in division (A) of this section.	20754

(G) As used in this section:

20755

(1) For the purposes of this section only, the sale or	20756
purchase of a motor vehicle does not include a lease or rental of	20757
a motor vehicle subject to division (A)(2) or (3) of section	20758
5739.02 or division (A)(2) or (3) of section 5741.02 of the	20759
Revised Code;	20760

(2) "State," except in reference to "this state," means any	20761
state, district, commonwealth, or territory of the United States	20762
and any province of Canada.	20763

Sec. 5739.12. (A)(1) Each person who has or is required to	20764
have a vendor's license, on or before the twenty-third day of	20765
each month, shall make and file a return for the preceding month,	20766
~~on forms~~in the form prescribed by the tax commissioner, and shall	20767
pay the tax shown on the return to be due. The return shall be	20768
filed electronically using the Ohio business gateway, as defined	20769
in section 718.051 of the Revised Code, the Ohio telefile system,	20770
or any other electronic means prescribed by the commissioner.	20771
Payment of the tax shown on the return to be due shall be made	20772
electronically in a manner approved by the commissioner. The	20773
commissioner may require a vendor that operates from multiple	20774
locations or has multiple vendor's licenses to report all tax	20775
liabilities on one consolidated return. The return shall show the	20776
amount of tax due from the vendor to the state for the period	20777
covered by the return and such other information as the	20778
commissioner deems necessary for the proper administration of this	20779
chapter. The commissioner may extend the time for making and	20780
filing returns and paying the tax, and may require that the return	20781
for the last month of any annual or semiannual period, as	20782
determined by the commissioner, be a reconciliation return	20783
detailing the vendor's sales activity for the preceding annual or	20784
semiannual period. The reconciliation return shall be filed by	20785
the last day of the month following the last month of the annual	20786
or semiannual period. The commissioner may remit all or any part	20787
of amounts or penalties that may become due under this chapter and	20788
may adopt rules relating thereto. Such return shall be filed	20789
electronically as directed by ~~mailing it to~~ the tax commissioner,	20790
~~together with~~and payment of the amount of tax shown to be due	20791
thereon, after deduction of any discount provided for under this	20792
section~~. Remittance~~, shall be made ~~payable to the treasurer of~~	20793
~~state. The return shall be considered filed when received by the~~	20794
~~tax commissioner, and the payment shall be considered made when~~	20795
~~received by the tax commissioner or when credited to an account~~	20796
~~designated by the treasurer of state or~~electronically in a manner	20797
approved by the tax commissioner.	20798

(2) Any person required to file returns and make payments	20799
electronically under division (A)(1) of this section may apply to	20800
the tax commissioner on a form prescribed by the commissioner to	20801
be excused from that requirement. For good cause shown, the	20802
commissioner may excuse the person from that requirement and may	20803
permit the person to file the returns and make the payments	20804
required by this section by nonelectronic means.	20805

(B)(1) If the return is filed and the amount of tax shown	20806
thereon to be due is paid on or before the date such return is	20807
required to be filed, the vendor shall be entitled to a discount	20808
of:	20809

~~(a) On and after July 1, 2005, and on and before June 30,~~	20810
~~2007, nine-tenths of one per cent of the amount shown to be due on~~	20811
~~the return;~~	20812

~~(b) On and after July 1, 2007,~~ three-fourths of one per cent	20813
of the amount shown to be due on the return.	20814

(2) A vendor that has selected a certified service provider	20815
as its agent shall not be entitled to the discount if the	20816
certified service provider receives a monetary allowance pursuant	20817
to section 5739.06 of the Revised Code for performing the vendor's	20818
sales and use tax functions in this state. Amounts paid to the	20819
clerk of courts pursuant to section 4505.06 of the Revised Code	20820
shall be subject to the applicable discount. The discount shall be	20821
in consideration for prompt payment to the clerk of courts and for	20822
other services performed by the vendor in the collection of the	20823
tax.	20824

(C)(1) Upon application to the tax commissioner, a vendor who	20825
is required to file monthly returns may be relieved of the	20826
requirement to report and pay the actual tax due, provided that	20827
the vendor agrees to remit to the ~~tax~~ commissioner payment of not	20828
less than an amount determined by the commissioner to be the	20829
average monthly tax liability of the vendor, based upon a review	20830
of the returns or other information pertaining to such vendor for	20831
a period of not less than six months nor more than two years	20832
immediately preceding the filing of the application. Vendors who	20833
agree to the above conditions shall make and file an annual or	20834
semiannual reconciliation return, as prescribed by the	20835
commissioner. The reconciliation return shall be filed	20836
electronically as directed by ~~mailing or delivering it to~~ the tax	20837
commissioner, ~~together with~~and payment of the amount of tax	20838
shown to be due thereon, after deduction of any discount provided	20839
in this section~~. Remittance~~, shall be made ~~payable to the~~	20840
~~treasurer of state~~electronically in a manner approved by the	20841
commissioner. Failure of a vendor to comply with any of the above	20842
conditions may result in immediate reinstatement of the	20843
requirement of reporting and paying the actual tax liability on	20844
each monthly return, and the commissioner may at the	20845
commissioner's discretion deny the vendor the right to report and	20846
pay based upon the average monthly liability for a period not to	20847
exceed two years. The amount ascertained by the commissioner to be	20848
the average monthly tax liability of a vendor may be adjusted,	20849
based upon a review of the returns or other information pertaining	20850
to the vendor for a period of not less than six months nor more	20851
than two years preceding such adjustment.	20852

(2) The commissioner may authorize vendors whose tax	20853
liability is not such as to merit monthly returns, as ascertained	20854
by the commissioner upon the basis of administrative costs to the	20855
state, to make and file returns at less frequent intervals. When	20856
returns are filed at less frequent intervals in accordance with	20857
such authorization, the vendor shall be allowed the discount	20858
provided in this section in consideration for prompt payment with	20859
the return, provided the return is filed ~~together with~~and payment	20860
is made of the amount of tax shown to be due thereon, at the time	20861
specified by the commissioner, but a vendor that has selected a	20862
certified service provider as its agent shall not be entitled to	20863
the discount.	20864

(D) Any vendor who fails to file a return or to pay the full	20865
amount of the tax shown on the return to be due in the manner	20866
prescribed under this section and the rules of the commissioner	20867
may, for each such return ~~the vendor fails to file or each such~~	20868
~~tax the vendor fails to pay in full as shown on the return within~~	20869
~~the period prescribed by this section and the rules of the~~	20870
~~commissioner~~, be required to forfeit and pay into the state	20871
treasury an additional charge not exceeding fifty dollars or ten	20872
per cent of the tax required to be paid for the reporting period,	20873
whichever is greater, as revenue arising from the tax imposed by	20874
this chapter, and such sum may be collected by assessment in the	20875
manner provided in section 5739.13 of the Revised Code. The	20876
commissioner may remit all or a portion of the additional charge	20877
and may adopt rules relating to the imposition and remission of	20878
the additional charge.	20879

(E) If the amount required to be collected by a vendor from	20880
consumers is in excess of the applicable percentage of the	20881
vendor's receipts from sales that are taxable under section	20882
5739.02 of the Revised Code, or in the case of sales subject to a	20883
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	20884
the Revised Code, in excess of the percentage equal to the	20885
aggregate rate of such taxes and the tax levied by section 5739.02	20886
of the Revised Code, such excess shall be remitted along with the	20887
remittance of the amount of tax due under section 5739.10 of the	20888
Revised Code.	20889

(F) The commissioner, if the commissioner deems it necessary	20890
in order to insure the payment of the tax imposed by this chapter,	20891
may require returns and payments to be made for other than monthly	20892
periods. ~~The returns shall be signed by the vendor or the vendor's~~	20893
~~authorized agent.~~	20894

(G) Any vendor required to file a return and pay the tax	20895
under this section, whose total payment for a year equals or	20896
exceeds the amount shown in division (A) of section 5739.122 of	20897
the Revised Code~~, shall make each payment required by this~~	20898
~~section in the second ensuing and each succeeding year by~~	20899
~~electronic funds transfer as prescribed by, and on or before the~~	20900
~~dates specified in, section 5739.122 of the Revised Code, except~~	20901
~~as otherwise prescribed by~~is subject to the accelerated tax	20902
payment requirements in divisions (B) and (C) of that section. For	20903
a vendor that operates from multiple locations or has multiple	20904
vendor's licenses, in determining whether the vendor's total	20905
payment equals or exceeds the amount shown in division (A) of	20906
that section, the vendor's total payment amount shall be the	20907
amount of the vendor's total tax liability for the previous	20908
calendar year for all of the vendor's locations or licenses.	20909

Sec. 5739.122. (A) If the total amount of tax required to be	20910
paid by a vendor under section 5739.12 of the Revised Code for any	20911
calendar year equals or exceeds seventy-five thousand dollars, the	20912
vendor shall remit each monthly tax payment in the second ensuing	20913
and each succeeding tax year ~~by electronic funds transfer~~on an	20914
accelerated basis as prescribed by divisions (B) and (C) of this	20915
section.	20916

If a vendor's tax payment for each of two consecutive years	20917
is less than seventy-five thousand dollars, the vendor is relieved	20918
of the requirement to remit taxes ~~by electronic funds transfer~~in	20919
the manner prescribed by this section for the year that next	20920
follows the second of the consecutive years in which the tax	20921
payment is less than that amount, and is relieved of that	20922
requirement for each succeeding year, unless the tax payment in a	20923
subsequent year equals or exceeds seventy-five thousand dollars.	20924

The tax commissioner shall notify each vendor required to	20925
~~remit taxes by electronic funds transfer~~make accelerated tax	20926
payments of the vendor's obligation to do so,and shall maintain	20927
an updated list of those vendors~~, and shall timely certify the~~	20928
~~list and any additions thereto or deletions therefrom to the~~	20929
~~treasurer of state~~. Failure by the tax commissioner to notify a	20930
vendor subject to this section to remit taxes ~~by electronic funds~~	20931
~~transfer~~on an accelerated basis does not relieve the vendor of	20932
its obligation to remit taxes ~~by electronic funds transfer~~as	20933
provided under division (B) of this section.	20934

(B) Vendors required by division (A) of this section to ~~remit~~	20935
make accelerated tax payments ~~by electronic funds transfer~~ shall	20936
electronically remit such payments to the ~~treasurer of state~~tax	20937
commissioner in ~~the~~a manner ~~prescribed by this section and rules~~	20938
~~adopted~~approved by the ~~treasurer of state under section 113.061~~	20939
~~of the Revised Code, and~~commissioner, as follows:	20940

(1) On or before the twenty-third day of each month, a vendor	20941
shall remit an amount equal to seventy-five per cent of the	20942
anticipated tax liability for that month.	20943

(2) On or before the twenty-third day of each month, a vendor	20944
shall report the taxes collected for the previous month and shall	20945
remit that amount, less any amounts paid for that month as	20946
required by division (B)(1) of this section.	20947

The payment of taxes ~~by electronic funds transfer~~on an	20948
accelerated basis under this section does not affect a vendor's	20949
obligation to file ~~the monthly return~~returns and pay the tax	20950
shown on the returns to be due as required under section 5739.12	20951
of the Revised Code.	20952

(C) A vendor required by this section to remit taxes by	20953
~~electronic funds transfer~~on an accelerated basis may apply to the	20954
~~treasurer of state~~tax commissioner, in the manner prescribed by	20955
the ~~treasurer of state~~commissioner, to be excused from that	20956
requirement. The ~~treasurer of state~~commissioner may excuse the	20957
vendor from remittance ~~by electronic funds transfer~~on an	20958
accelerated basis for good cause shown for the period of time	20959
requested by the vendor or for a portion of that period. ~~The~~	20960
~~treasurer of state shall notify the tax commissioner and the~~	20961
~~vendor of the treasurer of state's decision as soon as is~~	20962
~~practicable.~~	20963

(D)(1)(a) If a vendor that is required to remit payments	20964
under division (B) of this section fails to make a payment	20965
required under division (B)(1) of this section, or makes a	20966
payment under division (B)(1) of this section that is less than	20967
seventy-five per cent of the actual liability for that month, the	20968
commissioner may impose an additional charge not to exceed five	20969
per cent of that unpaid amount.	20970

(b) Division (D)(1)(a) of this section does not apply if the	20971
vendor's payment under division (B)(1) of this section is equal to	20972
or greater than seventy-five per cent of the vendor's reported	20973
liability for the same month in the immediately preceding calendar	20974
year.	20975

(2) ~~If a vendor required by this section to remit taxes by~~	20976
~~electronic funds transfer remits those taxes by some means other~~	20977
~~than by electronic funds transfer as prescribed by this section~~	20978
~~and the rules adopted by the treasurer of state, and the treasurer~~	20979
~~of state determines that such failure was not due to reasonable~~	20980
~~cause or was due to willful neglect, the treasurer of state shall~~	20981
~~notify the tax commissioner of the failure to remit by electronic~~	20982
~~funds transfer and shall provide the commissioner with any~~	20983
~~information used in making that determination. The tax~~	20984
~~commissioner may impose an additional charge not to exceed the~~	20985
~~lesser of five per cent of the amount of the taxes required to be~~	20986
~~paid by electronic funds transfer or five thousand dollars.~~	20987

~~(3)~~ Any additional charge imposed under division (D)(1) or	20988
~~(2)~~ of this section is in addition to any other penalty or charge	20989
imposed under this chapter, and shall be considered as revenue	20990
arising from taxes imposed under this chapter. An additional	20991
charge may be collected by assessment in the manner prescribed by	20992
section 5739.13 of the Revised Code. The tax commissioner may	20993
waive all or a portion of such a charge and may adopt rules	20994
governing such waiver.	20995

~~No additional charge shall be imposed under division (D)(2)~~	20996
~~of this section against a vendor that has been notified of its~~	20997
~~obligation to remit taxes under this section and that remits its~~	20998
~~first two tax payments after such notification by some means other~~	20999
~~than electronic funds transfer. The additional charge may be~~	21000
~~imposed upon the remittance of any subsequent tax payment that the~~	21001
~~vendor remits by some means other than electronic funds transfer.~~	21002

Sec. 5739.124. (A) If required by the tax commissioner, a	21003
~~person~~permit holder required to make payments ~~by electronic funds~~	21004
~~transfer~~ under section 5739.032 ~~or 5739.122~~ of the Revised Code	21005
shall file all returns and reports electronically. The	21006
commissioner may require the ~~person~~permit holder to use the Ohio	21007
business gateway, as defined in section 718.051 of the Revised	21008
Code, or any other electronic means approved by the commissioner,	21009
to file the returns and reports, or to remit the tax, in lieu of	21010
the manner prescribed ~~by the treasurer of state~~ under ~~sections~~	21011
section 5739.032 ~~and 5739.122~~ of the Revised Code.	21012

(B) A person required under this section to file reports and	21013
returns electronically may apply to the tax commissioner to be	21014
excused from that requirement. Applications shall be made on a	21015
form prescribed by the commissioner. The commissioner may approve	21016
the application for good cause.	21017

(C)(1) If a person required to file a report or return	21018
electronically under this section fails to do so, the tax	21019
commissioner may impose an additional charge not to exceed the	21020
following:	21021

(a) For each of the first two failures, five per cent of the	21022
amount required to be reported on the report or return;	21023

(b) For the third and any subsequent failure, ten per cent of	21024
the amount required to be reported on the report or return.	21025

(2) The charges authorized under division (C)(1) of this	21026
section are in addition to any other charge or penalty authorized	21027
under this chapter, and shall be considered as revenue arising	21028
from taxes imposed under this chapter. An additional charge may be	21029
collected by assessment in the manner prescribed by section	21030
5739.13 of the Revised Code. The commissioner may waive all or a	21031
portion of such a charge and may adopt rules governing such	21032
waiver.	21033

Sec. 5739.21. (A) One hundred per cent of all money	21034
deposited into the state treasury under sections 5739.01 to	21035
5739.31 of the Revised Code ~~and~~that is not required to be	21036
distributed as provided in section 5739.102 of the Revised Code or	21037
division (B) of this section shall be credited to the general	21038
revenue fund.	21039

(B)(1) In any case where any county or transit authority has	21040
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	21041
5739.026 of the Revised Code, the tax commissioner shall, within	21042
forty-five days after the end of each month, determine and certify	21043
to the director of budget and management the amount of the	21044
proceeds of such tax or taxes received during that month from	21045
billings and assessments, or associated with tax returns or	21046
reports filed during that month, to be returned to the county or	21047
transit authority levying the tax or taxes. The amount to be	21048
returned to each county and transit authority shall be a fraction	21049
of the aggregate amount of money collected with respect to each	21050
area in which one or more of such taxes are concurrently in effect	21051
with the tax levied by section 5739.02 of the Revised Code. The	21052
numerator of the fraction is the rate of the tax levied by the	21053
county or transit authority and the denominator of the fraction is	21054
the aggregate rate of such taxes applicable to such area. The	21055
amount to be returned to each county or transit authority shall be	21056
reduced by the amount of any refunds of county or transit	21057
authority tax paid pursuant to section 5739.07 of the Revised Code	21058
during the same month, or transfers made pursuant to division	21059
(B)(2) of section 5703.052 of the Revised Code.	21060

(2) On a periodic basis, using the best information	21061
available, the tax commissioner shall distribute any amount of a	21062
county or transit authority tax that cannot be distributed under	21063
division (B)(1) of this section. Through audit or other means, the	21064
commissioner shall attempt to obtain the information necessary to	21065
make the distribution as provided under that division and, on	21066
receipt of that information, shall make adjustments to	21067
distributions previously made under this division.	21068

(3) Beginning July 1, 2008, eight and thirty-three	21069
one-hundredths of one per cent of the revenue collected from the	21070
tax due under division (A) of section 5739.029 of the Revised Code	21071
shall be distributed to the county where the sale of the motor	21072
vehicle is sitused under section 5739.035 of the Revised Code. The	21073
amount to be so distributed to the county shall be apportioned on	21074
the basis of the rates of taxes the county levies pursuant to	21075
sections 5739.021 and 5739.026 of the Revised Code, as applicable,	21076
and shall be credited to the funds of the county as provided in	21077
divisions (A) and (B) of section 5739.211 of the Revised Code.	21078

(C) The aggregate amount to be returned to any county or	21079
transit authority shall be reduced by one per cent, which shall be	21080
certified directly to the credit of the local sales tax	21081
administrative fund, which is hereby created in the state	21082
treasury. For the purpose of determining the amount to be returned	21083
to a county and transit authority in which the rate of tax imposed	21084
by the transit authority has been reduced under section 5739.028	21085
of the Revised Code, the tax commissioner shall use the respective	21086
rates of tax imposed by the county or transit authority that	21087
results from the change in the rates authorized under that	21088
section.	21089

(D) The director of budget and management shall transfer,	21090
from the same funds and in the same proportions specified in	21091
division (A) of this section, to the permissive tax distribution	21092
fund created by division (B)(1) of section 4301.423 of the Revised	21093
Code and to the local sales tax administrative fund, the amounts	21094
certified by the tax commissioner. The tax commissioner shall	21095
then, on or before the twentieth day of the month in which such	21096
certification is made, provide for payment of such respective	21097
amounts to the county treasurer and to the fiscal officer of the	21098
transit authority levying the tax or taxes. The amount transferred	21099
to the local sales tax administrative fund is for use by the tax	21100
commissioner in defraying costs incurred in administering such	21101
taxes levied by a county or transit authority.	21102

Sec. 5741.04. Every seller required to register with the tax	21103
commissioner pursuant to section 5741.17 of the Revised Code who	21104
is engaged in the business of selling tangible personal property	21105
in this state for storage, use, or other consumption in this	21106
state, to which section 5741.02 of the Revised Code applies, or	21107
which is subject to a tax levied pursuant to section 5741.021,	21108
5741.022, or 5741.023 of the Revised Code, shall, and any other	21109
seller who is authorized by rule of the tax commissioner to do so	21110
may, collect from the consumer the full and exact amount of the	21111
tax payable on each such storage, use, or consumption, in the	21112
manner and at the times provided as follows:	21113

(A) If the price is, at or prior to the delivery of	21114
possession of the thing sold to the consumer, paid in currency	21115
passed from hand to hand by the consumer, or ~~his~~the consumer's	21116
agent, to the seller, or ~~his~~the seller's agent, the seller or ~~his~~	21117
the seller's agent shall collect the tax with and at the same time	21118
as the price.	21119

(B) If the price is otherwise paid or to be paid, the seller	21120
or ~~his~~the seller's agent shall, at or prior to the delivery of	21121
possession of the thing sold to the consumer, charge the tax	21122
imposed by or pursuant to section 5741.02, 5741.021, 5741.022, or	21123
5741.023 of the Revised Code to the account of the consumer, which	21124
amount shall be collected by the seller from the consumer in	21125
addition to the price. Such transaction shall be reported on the	21126
return for the period in which the transaction occurred, and the	21127
amount of tax applicable to the transaction shall be remitted with	21128
the return or, if the consumer is subject to section 5741.121 of	21129
the Revised Code, ~~by electronic funds transfer as~~in the manner	21130
prescribed by that section. The amount of the tax shall become a	21131
legal charge in favor of the seller and against the consumer.	21132

(C) It shall be the obligation of each consumer, as required	21133
by section 5741.12 of the Revised Code, to report and pay the	21134
taxes levied by sections 5741.021, 5741.022, and 5741.023 of the	21135
Revised Code, if applicable, on any storage, use, or other	21136
consumption of tangible personal property purchased in this state	21137
from a vendor required to be licensed pursuant to section 5739.17	21138
of the Revised Code.	21139

Sec. 5741.12. (A) Each seller required by section 5741.17 of	21140
the Revised Code to register with the tax commissioner, and any	21141
seller authorized by the commissioner to collect the tax imposed	21142
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	21143
of the Revised Code is subject to the same requirements and	21144
entitled to the same deductions and discount for prompt payments	21145
as are vendors under section 5739.12 of the Revised Code, and the	21146
same monetary allowances as are vendors under section 5739.06 of	21147
the Revised Code. The powers and duties of the commissioner ~~and~~	21148
~~the treasurer of state~~ with respect to returns and tax remittances	21149
under this section shall be identical with those prescribed in	21150
section 5739.12 of the Revised Code.	21151

(B) Every person storing, using, or consuming tangible	21152
personal property or receiving the benefit of a service, the	21153
storage, use, consumption, or receipt of which is subject to the	21154
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	21155
or 5741.023 of the Revised Code, when such tax was not paid to a	21156
seller, shall, on or before the twenty-third day of each month,	21157
file with the tax commissioner a return for the preceding month in	21158
such form as is prescribed by the commissioner, showing such	21159
information as the commissioner deems necessary, and shall pay the	21160
tax shown on the return to be due. Remittance shall be made	21161
payable to the treasurer of state. The commissioner may require	21162
consumers to file returns and pay the tax at other than monthly	21163
intervals, if the commissioner determines that such filing is	21164
necessary for the efficient administration of the tax. If the	21165
commissioner determines that a consumer's tax liability is not	21166
such as to merit monthly filing, the commissioner may authorize	21167
the consumer to file returns and pay tax at less frequent	21168
intervals.	21169

Any consumer required to file a return and pay the tax under	21170
this section whose payment for any year ~~indicated in~~equals or	21171
exceeds the amount shown in division (A) of section 5741.121 of	21172
the Revised Code ~~equals or exceeds the amount shown in that~~	21173
~~section shall make each payment required by this section in the~~	21174
~~second ensuing and each succeeding year by means of electronic~~	21175
~~funds transfer as prescribed by, and on or before the dates~~	21176
~~specified in, section 5741.121 of the Revised Code, except as~~	21177
~~otherwise prescribed by~~is subject to the accelerated tax payment	21178
requirements in divisions (B) and (C) of that section.	21179

(C) Every person storing, using, or consuming a motor	21180
vehicle, watercraft, or outboard motor, the ownership of which	21181
must be evidenced by certificate of title, shall file the return	21182
required by this section and pay the tax due at or prior to the	21183
time of filing an application for certificate of title.	21184

Sec. 5741.121. (A) If the total amount of tax required to be	21185
paid by a seller or consumer under section 5741.12 of the Revised	21186
Code for any year equals or exceeds seventy-five thousand dollars,	21187
the seller or consumer shall remit each monthly tax payment in the	21188
second ensuing and each succeeding year ~~by electronic funds~~	21189
~~transfer~~on an accelerated basis as prescribed by division (B) of	21190
this section.	21191

If a seller's or consumer's tax payment for each of two	21192
consecutive years is less than seventy-five thousand dollars, the	21193
seller or consumer is relieved of the requirement to remit taxes	21194
~~by electronic funds transfer~~on an accelerated basis for the year	21195
that next follows the second of the consecutive years in which	21196
the tax payment is less than that amount, and is relieved of that	21197
requirement for each succeeding year, unless the tax payment in a	21198
subsequent year equals or exceeds seventy-five thousand dollars.	21199

The tax commissioner shall notify each seller or consumer	21200
required to ~~remit taxes by electronic funds transfer~~make	21201
accelerated tax payments of the seller's or consumer's obligation	21202
to do so,and shall maintain an updated list of those sellers and	21203
consumers~~, and shall timely certify the list and any additions~~	21204
~~thereto or deletions therefrom to the treasurer of state~~.	21205
Failure by the tax commissioner to notify a seller or consumer	21206
subject to this section to remit taxes ~~by electronic funds~~	21207
~~transfer~~on an accelerated basis does not relieve the seller or	21208
consumer of the obligation to remit taxes ~~by electronic funds~~	21209
~~transfer~~as provided under division (B) of this section.	21210

(B) Sellers and consumers required by division (A) of this	21211
section to ~~remit~~make accelerated tax payments ~~by electronic funds~~	21212
~~transfer~~ shall electronically remit such payments to the	21213
~~treasurer of state~~tax commissioner, in ~~the~~a manner ~~prescribed~~	21214
~~by this section and rules adopted~~approved by the ~~treasurer of~~	21215
~~state under section 113.061 of the Revised Code, and~~	21216
commissioner, as follows:	21217

(1) On or before the twenty-third day of each month, a seller	21218
or consumer shall remit an amount equal to seventy-five per cent	21219
of the anticipated tax liability for that month.	21220

(2) On or before the twenty-third day of each month, a seller	21221
shall report the taxes collected and a consumer shall report the	21222
taxes due for the previous month and shall remit that amount, less	21223
any amounts paid for that month as required by division (B)(1) of	21224
this section.	21225

The payment of taxes ~~by electronic funds transfer~~on an	21226
accelerated basis under this section does not affect a seller's	21227
or consumer's obligation to file ~~the monthly return~~returns and	21228
pay the tax shown on the returns to be due as required under	21229
section 5741.12 of the Revised Code.	21230

(C) A seller or consumer required by this section to remit	21231
taxes ~~by electronic funds transfer~~on an accelerated basis may	21232
apply to the ~~treasurer of state~~tax commissioner in the manner	21233
prescribed by the ~~treasurer of state~~commissioner to be excused	21234
from that requirement. The ~~treasurer of state~~commissioner may	21235
excuse the seller or consumer from remittance ~~by electronic funds~~	21236
~~transfer~~on an accelerated basis for good cause shown for the	21237
period of time requested by the seller or consumer or for a	21238
portion of that period. ~~The treasurer of state shall notify the~~	21239
~~tax commissioner and the seller or consumer of the treasurer of~~	21240
~~state's decision as soon as is practicable.~~	21241

(D)(1)(a) If a seller or consumer that is required to remit	21242
payments under division (B) of this section fails to make a	21243
payment required under division (B)(1) of this section, or makes a	21244
payment under division (B)(1) of this section that is less than	21245
seventy-five per cent of the actual liability for that month, the	21246
commissioner may impose an additional charge not to exceed five	21247
per cent of that unpaid amount.	21248

(b) Division (D)(1)(a) of this section does not apply if the	21249
seller's or consumer's payment under division (B)(1) of this	21250
section is equal to or greater than seventy-five per cent of the	21251
seller's or consumer's reported liability for the same month in	21252
the immediately preceding calendar year.	21253

(2) ~~If a seller or consumer required by this section to remit~~	21254
~~taxes by electronic funds transfer remits those taxes by some~~	21255
~~means other than by electronic funds transfer as prescribed by the~~	21256
~~rules adopted by the treasurer of state, and the treasurer of~~	21257
~~state determines that such failure was not due to reasonable cause~~	21258
~~or was due to willful neglect, the treasurer of state shall notify~~	21259
~~the tax commissioner of the failure to remit by electronic funds~~	21260
~~transfer and shall provide the commissioner with any information~~	21261
~~used in making that determination. The tax commissioner may impose~~	21262
~~an additional charge not to exceed the lesser of five per cent of~~	21263
~~the amount of the taxes required to be paid by electronic funds~~	21264
~~transfer or five thousand dollars.~~	21265

~~(3)~~ Any additional charge imposed under division (D)(1) of	21266
this section is in addition to any other penalty or charge	21267
imposed under this chapter, and shall be considered as revenue	21268
arising from taxes imposed under this chapter. An additional	21269
charge may be collected by assessment in the manner prescribed by	21270
section 5741.13 of the Revised Code. The tax commissioner may	21271
waive all or a portion of such a charge and may adopt rules	21272
governing such waiver.	21273

~~No additional charge shall be imposed under division (D)(2)~~	21274
~~of this section against a seller or consumer that has been~~	21275
~~notified of the obligation to remit taxes under this section and~~	21276
~~that remits its first two tax payments after such notification by~~	21277
~~some means other than electronic funds transfer. The additional~~	21278
~~charge may be imposed upon the remittance of any subsequent tax~~	21279
~~payment that the seller or consumer remits by some means other~~	21280
~~than electronic funds transfer.~~	21281

Sec. 5741.122. (A) If required by the tax commissioner, a	21282
person required to make payments ~~by electronic funds transfer~~	21283
under section ~~5739.032 or~~ 5741.121 of the Revised Code shall file	21284
all returns and reports electronically. The commissioner may	21285
require the person to use the Ohio business gateway, as defined	21286
in section 718.051 of the Revised Code, or any other electronic	21287
means approved by the commissioner, to file the returns and	21288
reports, or to remit the tax, in lieu of the manner prescribed	21289
~~by the treasurer of state~~ under ~~sections 5739.032 and~~section	21290
5741.121 of the Revised Code.	21291

(B) A person required under this section to file reports and	21292
returns electronically may apply to the tax commissioner to be	21293
excused from that requirement. Applications shall be made on a	21294
form prescribed by the commissioner. The commissioner may approve	21295
the application for good cause.	21296

(C)(1) If a person required to file a report or return	21297
electronically under this section fails to do so, the tax	21298
commissioner may impose an additional charge not to exceed the	21299
following:	21300

(a) For each of the first two failures, five per cent of the	21301
amount required to be reported on the report or return;	21302

(b) For the third and any subsequent failure, ten per cent of	21303
the amount required to be reported on the report or return.	21304

(2) The charges authorized under division (C)(1) of this	21305
section are in addition to any other charge or penalty authorized	21306
under this chapter, and shall be considered as revenue arising	21307
from taxes imposed under this chapter. An additional charge may be	21308
collected by assessment in the manner prescribed by section	21309
5741.13 of the Revised Code. The commissioner may waive all or a	21310
portion of such a charge and may adopt rules governing such	21311
waiver.	21312

Sec. 5743.021. (A) As used in this section, "qualifying	21313
regional arts and cultural district" means a regional arts and	21314
cultural district created under section 3381.04 of the Revised	21315
Code in a county having a population of one million two hundred	21316
thousand or more according to the 2000 federal decennial census.	21317

(B) For one or more of the purposes for which a tax may be	21318
levied under section 3381.16 of the Revised Code and for the	21319
purposes of paying the expenses of administering the tax and the	21320
expenses charged by a board of elections to hold an election on a	21321
question submitted under this section, the board of county	21322
commissioners of a county that has within its territorial	21323
boundaries a qualifying regional arts and cultural district may	21324
levy a tax on the sale of cigarettes sold for resale at retail in	21325
the county composing the district. The rate of the tax, when added	21326
to the rate of any other tax concurrently levied by the board	21327
under this section, shall not exceed fifteen mills per cigarette,	21328
and shall be computed on each cigarette sold. Only one sale of the	21329
same article shall be used in computing the amount of tax due. The	21330
tax may be levied for any number of years not exceeding ten years.	21331

The tax shall be levied pursuant to a resolution of the board	21332
of county commissioners approved by a majority of the electors in	21333
the county voting on the question of levying the tax. The	21334
resolution shall specify the rate of the tax, the number of years	21335
the tax will be levied, and the purposes for which the tax is	21336
levied. The election may be held on the date of a general,	21337
primary, or special election held not sooner than seventy-five	21338
days after the date the board certifies its resolution to the	21339
board of elections. If approved by the electors, the tax shall	21340
take effect on the first day of the month specified in the	21341
resolution but not sooner than the first day of the month that is	21342
at least sixty days after the certification of the election	21343
results by the board of elections. A copy of the resolution	21344
levying the tax shall be certified to the tax commissioner at	21345
least sixty days prior to the date on which the tax is to become	21346
effective.	21347

(C) The form of the ballot in an election held under this	21348
section shall be as follows, or in any other form acceptable to	21349
the secretary of state:	21350

"For the purpose of .......... (insert the purpose or	21351
purposes of the tax), shall an excise tax be levied throughout	21352
.......... County for the benefit of the ........... (name of the	21353
qualifying regional arts and cultural district) on the sale of	21354
cigarettes at wholesale at the rate of .... mills per cigarette	21355
for ..... years?	21356

21357

		For the tax			21358
		Against the tax	"		21359

(D) The treasurer of state shall credit all moneys arising	21360
from taxes levied on behalf of each district under this section	21361
and section 5743.321 of the Revised Code as follows:	21362

(1) To the tax refund fund created by section 5703.052 of the	21363
Revised Code, amounts equal to the refunds from each tax levied	21364
under this section certified by the tax commissioner pursuant to	21365
section 5743.05 of the Revised Code;	21366

(2) Following the crediting of amounts pursuant to division	21367
(D)(1) of this section:	21368

(a) To the permissive tax distribution fund created under	21369
section 4301.423 of the Revised Code, an amount equal to	21370
ninety-eight per cent of the remainder collected;	21371

(b) To the local excise tax administrative fund, which is	21372
hereby created in the state treasury, an amount equal to two per	21373
cent of such remainder, for use by the tax commissioner in	21374
defraying costs incurred in administering the tax.	21375

On or before the second working day of each month, the	21376
treasurer of state shall certify to the tax commissioner the	21377
amount of taxes levied on behalf of each district under sections	21378
5743.021 and 5743.321 of the Revised Code and paid to the	21379
treasurer of state during the preceding month.	21380

On or before the tenth day of each month, the tax	21381
commissioner shall distribute the amount credited to the	21382
permissive tax distribution fund during the preceding month by	21383
providing for payment of the appropriate amount to the county	21384
treasurer of the county in which the tax is levied.	21385

(E) No tax shall be levied under this section on or after the	21386
effective date of the amendment of this section by the capital	21387
appropriations act of the 127th general assembly. This division	21388
does not prevent the collection of any tax levied under this	21389
section before that date so long as that tax remains effective.	21390

Sec. 5743.024. (A) For the purposes of section 307.696 of	21391
the Revised Code, to pay the expenses of administering the tax,	21392
and to pay any or all of the charge the board of elections makes	21393
against the county to hold the election on the question of levying	21394
the tax, or for such purposes and to provide revenues to the	21395
county for permanent improvements, the board of county	21396
commissioners may levy a tax on sales of cigarettes sold for	21397
resale at retail in the county. The tax shall not exceed two and	21398
twenty-five hundredths of a mill per cigarette, and shall be	21399
computed on each cigarette sold. The tax may be levied for any	21400
number of years not exceeding twenty. Only one sale of the same	21401
article shall be used in computing the amount of tax due.	21402

The tax shall be levied pursuant to a resolution of the	21403
county commissioners approved by a majority of the electors in the	21404
county voting on the question of levying the tax. The resolution	21405
shall specify the rate of the tax, the number of years the tax	21406
will be levied, and the purposes for which the tax is levied. Such	21407
election may be held on the date of a general or special election	21408
held not sooner than seventy-five days after the date the board	21409
certifies its resolution to the board of elections. If approved by	21410
the electors, the tax shall take effect on the first day of the	21411
month specified in the resolution but not sooner than the first	21412
day of the month that is at least sixty days after the	21413
certification of the election results by the board of elections. A	21414
copy of the resolution levying the tax shall be certified to the	21415
tax commissioner at least sixty days prior to the date on which	21416
the tax is to become effective.	21417

A resolution under this section may be joined on the ballot	21418
as a single question with a resolution adopted under section	21419
307.697 or 4301.421 of the Revised Code to levy a tax for the same	21420
purposes and for the purpose of paying the expenses of	21421
administering the tax. The form of the ballot in an election held	21422
pursuant to this section shall be as prescribed in section 307.697	21423
of the Revised Code.	21424

(B) The treasurer of state shall credit all moneys arising	21425
from each county's taxes levied under this section and section	21426
5743.323 of the Revised Code as follows:	21427

(1) To the tax refund fund created by section 5703.052 of the	21428
Revised Code, amounts equal to the refunds from each tax levied	21429
under this section certified by the tax commissioner pursuant to	21430
section 5743.05 of the Revised Code;	21431

(2) Following the crediting of amounts pursuant to division	21432
(B)(1) of this section:	21433

(a) To the permissive tax distribution fund created by	21434
division (B)(1) of section 4301.423 of the Revised Code, an amount	21435
equal to ninety-eight per cent of the remainder collected;	21436

(b) To the local excise tax administrative fund, which is	21437
hereby created in the state treasury, an amount equal to two per	21438
cent of such remainder, for use by the tax commissioner in	21439
defraying costs incurred in administering the tax.	21440

On or before the second working day of each month, the	21441
treasurer of state shall certify to the tax commissioner the	21442
amount of each county's taxes levied under sections 5743.024 and	21443
5743.323 and paid to the treasurer of state during the preceding	21444
month.	21445

On or before the tenth day of each month, the tax	21446
commissioner shall distribute the amount credited to the	21447
permissive tax distribution fund during the preceding month by	21448
providing for payment of the appropriate amount to the county	21449
treasurer of each county levying the tax.	21450

(C) The board of county commissioners of a county in which a	21451
tax is imposed under this section on ~~the effective date of this~~	21452
~~amendment~~July 19, 1995, may levy a tax for the purpose of section	21453
307.673 of the Revised Code regardless of whether or not the	21454
cooperative agreement authorized under that section has been	21455
entered into prior to the day the resolution adopted under	21456
division (C)(1) or (2) of this section is adopted, and for the	21457
purpose of reimbursing a county for costs incurred in the	21458
construction of a sports facility pursuant to an agreement entered	21459
into by the county under section 307.696 of the Revised Code. The	21460
tax shall be levied and approved in one of the manners prescribed	21461
by division (C)(1) or (2) of this section.	21462

(1) The tax may be levied pursuant to a resolution adopted by	21463
a majority of the members of the board of county commissioners not	21464
later than forty-five days after ~~the effective date of this~~	21465
~~amendment~~July 19, 1995. A board of county commissioners approving	21466
a tax under division (C)(1) of this section may approve a tax	21467
under division (D)(1) of section 307.697 or division (B)(1) of	21468
section 4301.421 of the Revised Code at the same time. Subject to	21469
the resolution being submitted to a referendum under sections	21470
305.31 to 305.41 of the Revised Code, the resolution shall take	21471
effect immediately, but the tax levied pursuant to the resolution	21472
shall not be levied prior to the day following the last day taxes	21473
levied pursuant to division (A) of this section may be levied.	21474

(2) The tax may be levied pursuant to a resolution adopted by	21475
a majority of the members of the board of county commissioners not	21476
later than forty-five days after ~~the effective date of this~~	21477
~~amendment~~July 19, 1995, and approved by a majority of the	21478
electors of the county voting on the question of levying the tax	21479
at the next succeeding general election following ~~the effective~~	21480
~~date of this amendment~~July 19, 1995. The board of county	21481
commissioners shall certify a copy of the resolution to the board	21482
of elections immediately upon adopting a resolution under division	21483
(C)(2) of this section, and the board of elections shall place the	21484
question of levying the tax on the ballot at that election. The	21485
form of the ballot shall be as prescribed by division (C) of	21486
section 307.697 of the Revised Code, except that the phrase	21487
"paying not more than one-half of the costs of providing a sports	21488
facility together with related redevelopment and economic	21489
development projects" shall be replaced by the phrase "paying the	21490
costs of constructing or renovating a sports facility and	21491
reimbursing a county for costs incurred by the county in the	21492
construction of a sports facility," and the phrase ", beginning	21493
.......... (here insert the earliest date the tax would take	21494
effect)" shall be appended after "years." A board of county	21495
commissioners submitting the question of a tax under division	21496
(C)(2) of this section may submit the question of a tax under	21497
division (D)(2) of section 307.697 or division (B)(2) of section	21498
4301.421 of the Revised Code as a single question, and the form of	21499
the ballot shall include each of the proposed taxes.	21500

If approved by a majority of electors voting on the question,	21501
the tax shall take effect on the day specified on the ballot,	21502
which shall not be earlier than the day following the last day the	21503
tax levied pursuant to division (A) of this section may be levied.	21504

The rate of a tax levied pursuant to division (C)(1) or (2)	21505
of this section shall not exceed the rate specified in division	21506
(A) of this section. A tax levied pursuant to division (C)(1) or	21507
(2) of this section may be levied for any number of years not	21508
exceeding twenty.	21509

A board of county commissioners adopting a resolution under	21510
this division shall certify a copy of the resolution to the tax	21511
commissioner immediately upon adoption of the resolution.	21512

(E) No tax shall be levied under this section on or after the	21513
effective date of the amendment of this section by the capital	21514
appropriations act of the 127th general assembly. This division	21515
does not prevent the collection of any tax levied under this	21516
section before that date so long as that tax remains effective.	21517

Sec. 5743.321. For the same purposes for which it levies a	21518
tax under section 5743.021 of the Revised Code, the board of	21519
county commissioners of a county that has within its territorial	21520
boundaries a qualifying regional arts and cultural district and	21521
that levies a tax under that section, by resolution adopted by a	21522
majority of the board, shall levy a tax at the same rate on the	21523
use, consumption, or storage for consumption of cigarettes by	21524
consumers in the county in which that tax is levied, provided that	21525
the tax shall not apply if the tax levied by section 5743.021 of	21526
the Revised Code has been paid. The tax shall take effect on the	21527
date that a tax levied under that section takes effect, and shall	21528
remain in effect as long as the tax levied under that section	21529
remains effective.	21530

No tax shall be levied under this section on or after the	21531
effective date of the amendment of this section by the capital	21532
appropriations act of the 127th general assembly. This paragraph	21533
does not prevent the collection of any tax levied under this	21534
section before that date so long as that tax remains effective.	21535

Sec. 5743.323. For the purposes of section 307.696 of the	21536
Revised Code and to pay the expenses of levying the tax or for	21537
such purposes and to provide revenues to the county for permanent	21538
improvements, the board of county commissioners of a county that	21539
levies a tax under division (A) or (C) of section 5743.024 of the	21540
Revised Code shall by resolution adopted by a majority of the	21541
board levy a tax at the same rate on the use, consumption, or	21542
storage for consumption of cigarettes by consumers in the county,	21543
provided that the tax shall not apply if the tax levied by	21544
division (A) or (C) of section 5743.024 of the Revised Code has	21545
been paid. The tax shall take effect on the date that a tax levied	21546
under division (A) or (C) of section 5743.024 of the Revised Code	21547
takes effect, and shall remain in effect as long as the tax levied	21548
under such division remains effective.	21549

No tax shall be levied under this section on or after the	21550
effective date of the amendment of this section by the capital	21551
appropriations act of the 127th general assembly. This paragraph	21552
does not prevent the collection of any tax levied under this	21553
section before that date so long as that tax remains effective.	21554

Sec. 5745.05. (A) Prior to the first day of March, June,	21555
September, and December, the tax commissioner shall certify to the	21556
director of budget and management the amount to be paid to each	21557
municipal corporation, as indicated on the declaration of	21558
estimated tax reports and annual reports received under sections	21559
5745.03 and 5745.04 of the Revised Code, less any amounts	21560
previously distributed and net of any audit adjustments made by	21561
the tax commissioner. Not later than the first day of March, June,	21562
September, and December, the director of budget and management	21563
shall provide for payment of the amount certified to each	21564
municipal corporation from the municipal income tax fund, plus a	21565
pro rata share of any investment earnings accruing to the fund	21566
since the previous payment under this section apportioned among	21567
municipal corporations entitled to such payments in proportion to	21568
the amount certified by the tax commissioner. All investment	21569
earnings on money in the municipal income tax fund shall be	21570
credited to that fund.	21571

(B) If the tax commissioner determines that the amount of tax	21572
paid by a taxpayer and distributed to a municipal corporation	21573
under this section for a taxable year exceeds the amount payable	21574
to that municipal corporation under this chapter after accounting	21575
for amounts remitted with the annual report and as estimated	21576
taxes, the tax commissioner shall permit the taxpayer to credit	21577
the excess against the taxpayer's payments to the municipal	21578
corporation of estimated taxes remitted for an ensuing taxable	21579
year under section 5745.04 of the Revised Code. If, upon the	21580
written request of the taxpayer, the tax commissioner determines	21581
that the excess to be so credited is likely to exceed the amount	21582
of estimated taxes payable by the taxpayer to the municipal	21583
corporation during the ensuing twelve months, the tax commissioner	21584
shall so notify the municipal corporation and the municipal	21585
corporation shall issue a refund of the excess to the taxpayer	21586
within ninety days after receiving such a notice. Interest shall	21587
accrue on the amount to be refunded and is payable to the taxpayer	21588
at the rate per annum prescribed by section 5703.47 of the Revised	21589
Code from the ninety-first day after the notice is received by the	21590
municipal corporation until the day the refund is paid.	21591
Immediately after notifying a municipal corporation under this	21592
division of an excess to be refunded, the commissioner also shall	21593
notify the director of budget and management of the amount of the	21594
excess, and the director shall transfer from the municipal income	21595
tax administrative fund to the municipal income tax fund one and	21596
one-half per cent of the amount of the excess. The commissioner	21597
shall include the transferred amount in the computation of the	21598
amount due the municipal corporation in the next certification to	21599
the director under division (A) of this section.	21600

Sec. 5747.01. Except as otherwise expressly provided or	21601
clearly appearing from the context, any term used in this chapter	21602
that is not otherwise defined in this section has the same meaning	21603
as when used in a comparable context in the laws of the United	21604
States relating to federal income taxes or if not used in a	21605
comparable context in those laws, has the same meaning as in	21606
section 5733.40 of the Revised Code. Any reference in this chapter	21607
to the Internal Revenue Code includes other laws of the United	21608
States relating to federal income taxes.	21609

As used in this chapter:

21610

(A) "Adjusted gross income" or "Ohio adjusted gross income"	21611
means federal adjusted gross income, as defined and used in the	21612
Internal Revenue Code, adjusted as provided in this section:	21613

(1) Add interest or dividends on obligations or securities of	21614
any state or of any political subdivision or authority of any	21615
state, other than this state and its subdivisions and authorities.	21616

(2) Add interest or dividends on obligations of any	21617
authority, commission, instrumentality, territory, or possession	21618
of the United States to the extent that the interest or dividends	21619
are exempt from federal income taxes but not from state income	21620
taxes.	21621

(3) Deduct interest or dividends on obligations of the United	21622
States and its territories and possessions or of any authority,	21623
commission, or instrumentality of the United States to the extent	21624
that the interest or dividends are included in federal adjusted	21625
gross income but exempt from state income taxes under the laws of	21626
the United States.	21627

(4) Deduct disability and survivor's benefits to the extent	21628
included in federal adjusted gross income.	21629

(5) Deduct benefits under Title II of the Social Security Act	21630
and tier 1 railroad retirement benefits to the extent included in	21631
federal adjusted gross income under section 86 of the Internal	21632
Revenue Code.	21633

(6) In the case of a taxpayer who is a beneficiary of a trust	21634
that makes an accumulation distribution as defined in section 665	21635
of the Internal Revenue Code, add, for the beneficiary's taxable	21636
years beginning before 2002, the portion, if any, of such	21637
distribution that does not exceed the undistributed net income of	21638
the trust for the three taxable years preceding the taxable year	21639
in which the distribution is made to the extent that the portion	21640
was not included in the trust's taxable income for any of the	21641
trust's taxable years beginning in 2002 or thereafter.	21642
"Undistributed net income of a trust" means the taxable income of	21643
the trust increased by (a)(i) the additions to adjusted gross	21644
income required under division (A) of this section and (ii) the	21645
personal exemptions allowed to the trust pursuant to section	21646
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	21647
deductions to adjusted gross income required under division (A) of	21648
this section, (ii) the amount of federal income taxes attributable	21649
to such income, and (iii) the amount of taxable income that has	21650
been included in the adjusted gross income of a beneficiary by	21651
reason of a prior accumulation distribution. Any undistributed net	21652
income included in the adjusted gross income of a beneficiary	21653
shall reduce the undistributed net income of the trust commencing	21654
with the earliest years of the accumulation period.	21655

(7) Deduct the amount of wages and salaries, if any, not	21656
otherwise allowable as a deduction but that would have been	21657
allowable as a deduction in computing federal adjusted gross	21658
income for the taxable year, had the targeted jobs credit allowed	21659
and determined under sections 38, 51, and 52 of the Internal	21660
Revenue Code not been in effect.	21661

(8) Deduct any interest or interest equivalent on public	21662
obligations and purchase obligations to the extent that the	21663
interest or interest equivalent is included in federal adjusted	21664
gross income.	21665

(9) Add any loss or deduct any gain resulting from the sale,	21666
exchange, or other disposition of public obligations to the extent	21667
that the loss has been deducted or the gain has been included in	21668
computing federal adjusted gross income.	21669

(10) Deduct or add amounts, as provided under section	21670
5747.70 of the Revised Code, related to contributions to variable	21671
college savings program accounts made or tuition units purchased	21672
pursuant to Chapter 3334. of the Revised Code.	21673

(11)(a) Deduct, to the extent not otherwise allowable as a	21674
deduction or exclusion in computing federal or Ohio adjusted gross	21675
income for the taxable year, the amount the taxpayer paid during	21676
the taxable year for medical care insurance and qualified	21677
long-term care insurance for the taxpayer, the taxpayer's spouse,	21678
and dependents. No deduction for medical care insurance under	21679
division (A)(11) of this section shall be allowed either to any	21680
taxpayer who is eligible to participate in any subsidized health	21681
plan maintained by any employer of the taxpayer or of the	21682
taxpayer's spouse, or to any taxpayer who is entitled to, or on	21683
application would be entitled to, benefits under part A of Title	21684
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	21685
301, as amended. For the purposes of division (A)(11)(a) of this	21686
section, "subsidized health plan" means a health plan for which	21687
the employer pays any portion of the plan's cost. The deduction	21688
allowed under division (A)(11)(a) of this section shall be the net	21689
of any related premium refunds, related premium reimbursements, or	21690
related insurance premium dividends received during the taxable	21691
year.	21692

(b) Deduct, to the extent not otherwise deducted or excluded	21693
in computing federal or Ohio adjusted gross income during the	21694
taxable year, the amount the taxpayer paid during the taxable	21695
year, not compensated for by any insurance or otherwise, for	21696
medical care of the taxpayer, the taxpayer's spouse, and	21697
dependents, to the extent the expenses exceed seven and one-half	21698
per cent of the taxpayer's federal adjusted gross income.	21699

(c) For purposes of division (A)(11) of this section,	21700
"medical care" has the meaning given in section 213 of the	21701
Internal Revenue Code, subject to the special rules, limitations,	21702
and exclusions set forth therein, and "qualified long-term care"	21703
has the same meaning given in section 7702B(c) of the Internal	21704
Revenue Code.	21705

(12)(a) Deduct any amount included in federal adjusted gross	21706
income solely because the amount represents a reimbursement or	21707
refund of expenses that in any year the taxpayer had deducted as	21708
an itemized deduction pursuant to section 63 of the Internal	21709
Revenue Code and applicable United States department of the	21710
treasury regulations. The deduction otherwise allowed under	21711
division (A)(12)(a) of this section shall be reduced to the extent	21712
the reimbursement is attributable to an amount the taxpayer	21713
deducted under this section in any taxable year.	21714

(b) Add any amount not otherwise included in Ohio adjusted	21715
gross income for any taxable year to the extent that the amount is	21716
attributable to the recovery during the taxable year of any amount	21717
deducted or excluded in computing federal or Ohio adjusted gross	21718
income in any taxable year.	21719

(13) Deduct any portion of the deduction described in section	21720
1341(a)(2) of the Internal Revenue Code, for repaying previously	21721
reported income received under a claim of right, that meets both	21722
of the following requirements:	21723

(a) It is allowable for repayment of an item that was	21724
included in the taxpayer's adjusted gross income for a prior	21725
taxable year and did not qualify for a credit under division (A)	21726
or (B) of section 5747.05 of the Revised Code for that year;	21727

(b) It does not otherwise reduce the taxpayer's adjusted	21728
gross income for the current or any other taxable year.	21729

(14) Deduct an amount equal to the deposits made to, and net	21730
investment earnings of, a medical savings account during the	21731
taxable year, in accordance with section 3924.66 of the Revised	21732
Code. The deduction allowed by division (A)(14) of this section	21733
does not apply to medical savings account deposits and earnings	21734
otherwise deducted or excluded for the current or any other	21735
taxable year from the taxpayer's federal adjusted gross income.	21736

(15)(a) Add an amount equal to the funds withdrawn from a	21737
medical savings account during the taxable year, and the net	21738
investment earnings on those funds, when the funds withdrawn were	21739
used for any purpose other than to reimburse an account holder	21740
for, or to pay, eligible medical expenses, in accordance with	21741
section 3924.66 of the Revised Code;	21742

(b) Add the amounts distributed from a medical savings	21743
account under division (A)(2) of section 3924.68 of the Revised	21744
Code during the taxable year.	21745

(16) Add any amount claimed as a credit under section	21746
5747.059 of the Revised Code to the extent that such amount	21747
satisfies either of the following:	21748

(a) The amount was deducted or excluded from the computation	21749
of the taxpayer's federal adjusted gross income as required to be	21750
reported for the taxpayer's taxable year under the Internal	21751
Revenue Code;	21752

(b) The amount resulted in a reduction of the taxpayer's	21753
federal adjusted gross income as required to be reported for any	21754
of the taxpayer's taxable years under the Internal Revenue Code.	21755

(17) Deduct the amount contributed by the taxpayer to an	21756
individual development account program established by a county	21757
department of job and family services pursuant to sections 329.11	21758
to 329.14 of the Revised Code for the purpose of matching funds	21759
deposited by program participants. On request of the tax	21760
commissioner, the taxpayer shall provide any information that, in	21761
the tax commissioner's opinion, is necessary to establish the	21762
amount deducted under division (A)(17) of this section.	21763

(18) Beginning in taxable year 2001 but not for any taxable	21764
year beginning after December 31, 2005, if the taxpayer is married	21765
and files a joint return and the combined federal adjusted gross	21766
income of the taxpayer and the taxpayer's spouse for the taxable	21767
year does not exceed one hundred thousand dollars, or if the	21768
taxpayer is single and has a federal adjusted gross income for the	21769
taxable year not exceeding fifty thousand dollars, deduct amounts	21770
paid during the taxable year for qualified tuition and fees paid	21771
to an eligible institution for the taxpayer, the taxpayer's	21772
spouse, or any dependent of the taxpayer, who is a resident of	21773
this state and is enrolled in or attending a program that	21774
culminates in a degree or diploma at an eligible institution. The	21775
deduction may be claimed only to the extent that qualified tuition	21776
and fees are not otherwise deducted or excluded for any taxable	21777
year from federal or Ohio adjusted gross income. The deduction may	21778
not be claimed for educational expenses for which the taxpayer	21779
claims a credit under section 5747.27 of the Revised Code.	21780

(19) Add any reimbursement received during the taxable year	21781
of any amount the taxpayer deducted under division (A)(18) of this	21782
section in any previous taxable year to the extent the amount is	21783
not otherwise included in Ohio adjusted gross income.	21784

(20)(a)(i) Add five-sixths of the amount of depreciation	21785
expense allowed by subsection (k) of section 168 of the Internal	21786
Revenue Code, including the taxpayer's proportionate or	21787
distributive share of the amount of depreciation expense allowed	21788
by that subsection to a pass-through entity in which the taxpayer	21789
has a direct or indirect ownership interest.	21790

(ii) Add five-sixths of the amount of qualifying section 179	21791
depreciation expense, including a person's proportionate or	21792
distributive share of the amount of qualifying section 179	21793
depreciation expense allowed to any pass-through entity in which	21794
the person has a direct or indirect ownership. For the purposes of	21795
this division, "qualifying section 179 depreciation expense" means	21796
the difference between (I) the amount of depreciation expense	21797
directly or indirectly allowed to the taxpayer under section 179	21798
of the Internal Revenue Code, and (II) the amount of depreciation	21799
expense directly or indirectly allowed to the taxpayer under	21800
section 179 of the Internal Revenue Code as that section existed	21801
on December 31, 2002.	21802

The tax commissioner, under procedures established by the	21803
commissioner, may waive the add-backs related to a pass-through	21804
entity if the taxpayer owns, directly or indirectly, less than	21805
five per cent of the pass-through entity.	21806

(b) Nothing in division (A)(20) of this section shall be	21807
construed to adjust or modify the adjusted basis of any asset.	21808

(c) To the extent the add-back required under division	21809
(A)(20)(a) of this section is attributable to property generating	21810
nonbusiness income or loss allocated under section 5747.20 of the	21811
Revised Code, the add-back shall be sitused to the same location	21812
as the nonbusiness income or loss generated by the property for	21813
the purpose of determining the credit under division (A) of	21814
section 5747.05 of the Revised Code. Otherwise, the add-back shall	21815
be apportioned, subject to one or more of the four alternative	21816
methods of apportionment enumerated in section 5747.21 of the	21817
Revised Code.	21818

(d) For the purposes of division (A) of this section, net	21819
operating loss carryback and carryforward shall not include	21820
five-sixths of the allowance of any net operating loss deduction	21821
carryback or carryforward to the taxable year to the extent such	21822
loss resulted from depreciation allowed by section 168(k) of the	21823
Internal Revenue Code and by the qualifying section 179	21824
depreciation expense amount.	21825

(21)(a) If the taxpayer was required to add an amount under	21826
division (A)(20)(a) of this section for a taxable year, deduct	21827
one-fifth of the amount so added for each of the five succeeding	21828
taxable years.	21829

(b) If the amount deducted under division (A)(21)(a) of this	21830
section is attributable to an add-back allocated under division	21831
(A)(20)(c) of this section, the amount deducted shall be sitused	21832
to the same location. Otherwise, the add-back shall be apportioned	21833
using the apportionment factors for the taxable year in which the	21834
deduction is taken, subject to one or more of the four alternative	21835
methods of apportionment enumerated in section 5747.21 of the	21836
Revised Code.	21837

(c) No deduction is available under division (A)(21)(a) of	21838
this section with regard to any depreciation allowed by section	21839
168(k) of the Internal Revenue Code and by the qualifying section	21840
179 depreciation expense amount to the extent that such	21841
depreciation resulted in or increased a federal net operating loss	21842
carryback or carryforward to a taxable year to which division	21843
(A)(20)(d) of this section does not apply.	21844

(22) Deduct, to the extent not otherwise deducted or excluded	21845
in computing federal or Ohio adjusted gross income for the taxable	21846
year, the amount the taxpayer received during the taxable year as	21847
reimbursement for life insurance premiums under section 5919.31 of	21848
the Revised Code.	21849

(23) Deduct, to the extent not otherwise deducted or excluded	21850
in computing federal or Ohio adjusted gross income for the taxable	21851
year, the amount the taxpayer received during the taxable year as	21852
a death benefit paid by the adjutant general under section 5919.33	21853
of the Revised Code.	21854

(24) Deduct, to the extent included in federal adjusted gross	21855
income and not otherwise allowable as a deduction or exclusion in	21856
computing federal or Ohio adjusted gross income for the taxable	21857
year, military pay and allowances received by the taxpayer during	21858
the taxable year for active duty service in the United States	21859
army, air force, navy, marine corps, or coast guard or reserve	21860
components thereof or the national guard. The deduction may not be	21861
claimed for military pay and allowances received by the taxpayer	21862
while the taxpayer is stationed in this state.	21863

(25) Deduct, to the extent not otherwise allowable as a	21864
deduction or exclusion in computing federal or Ohio adjusted gross	21865
income for the taxable year and not otherwise compensated for by	21866
any other source, the amount of qualified organ donation expenses	21867
incurred by the taxpayer during the taxable year, not to exceed	21868
ten thousand dollars. A taxpayer may deduct qualified organ	21869
donation expenses only once for all taxable years beginning with	21870
taxable years beginning in 2007.	21871

For the purposes of division (A)(25) of this section:

21872

(a) "Human organ" means all or any portion of a human liver,	21873
pancreas, kidney, intestine, or lung, and any portion of human	21874
bone marrow.	21875

(b) "Qualified organ donation expenses" means travel	21876
expenses, lodging expenses, and wages and salary forgone by a	21877
taxpayer in connection with the taxpayer's donation, while living,	21878
of one or more of the taxpayer's human organs to another human	21879
being.	21880

(26) Deduct, to the extent not otherwise deducted or excluded	21881
in computing federal or Ohio adjusted gross income for the taxable	21882
year, amounts received by the taxpayer as retired military	21883
personnel pay for service in the United States army, navy, air	21884
force, coast guard, or marine corps or reserve components thereof,	21885
or the national guard. If the taxpayer receives income on account	21886
of retirement paid under the federal civil service retirement	21887
system or federal employees retirement system, or under any	21888
successor retirement program enacted by the congress of the United	21889
States that is established and maintained for retired employees of	21890
the United States government, and such retirement income is based,	21891
in whole or in part, on credit for the taxpayer's military	21892
service, the deduction allowed under this division shall include	21893
only that portion of such retirement income that is attributable	21894
to the taxpayer's military service, to the extent that portion of	21895
such retirement income is otherwise included in federal adjusted	21896
gross income and is not otherwise deducted under this section. Any	21897
amount deducted under division (A)(26) of this section is not	21898
included in the taxpayer's adjusted gross income for the purposes	21899
of section 5747.055 of the Revised Code. No amount may be	21900
deducted under division (A)(26) of this section on the basis of	21901
which a credit was claimed under section 5747.055 of the Revised	21902
Code.	21903

(27) Deduct, to the extent not otherwise deducted or excluded	21904
in computing federal or Ohio adjusted gross income for the taxable	21905
year, the amount the taxpayer received during the taxable year	21906
from the military injury relief fund created in section 5101.98 of	21907
the Revised Code.	21908

(B) "Business income" means income, including gain or loss,	21909
arising from transactions, activities, and sources in the regular	21910
course of a trade or business and includes income, gain, or loss	21911
from real property, tangible property, and intangible property if	21912
the acquisition, rental, management, and disposition of the	21913
property constitute integral parts of the regular course of a	21914
trade or business operation. "Business income" includes income,	21915
including gain or loss, from a partial or complete liquidation of	21916
a business, including, but not limited to, gain or loss from the	21917
sale or other disposition of goodwill.	21918

(C) "Nonbusiness income" means all income other than business	21919
income and may include, but is not limited to, compensation, rents	21920
and royalties from real or tangible personal property, capital	21921
gains, interest, dividends and distributions, patent or copyright	21922
royalties, or lottery winnings, prizes, and awards.	21923

(D) "Compensation" means any form of remuneration paid to an	21924
employee for personal services.	21925

(E) "Fiduciary" means a guardian, trustee, executor,	21926
administrator, receiver, conservator, or any other person acting	21927
in any fiduciary capacity for any individual, trust, or estate.	21928

(F) "Fiscal year" means an accounting period of twelve months	21929
ending on the last day of any month other than December.	21930

(G) "Individual" means any natural person.

21931

(H) "Internal Revenue Code" means the "Internal Revenue Code	21932
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	21933

(I) "Resident" means any of the following, provided that	21934
division (I)(3) of this section applies only to taxable years of a	21935
trust beginning in 2002 or thereafter:	21936

(1) An individual who is domiciled in this state, subject to	21937
section 5747.24 of the Revised Code;	21938

(2) The estate of a decedent who at the time of death was	21939
domiciled in this state. The domicile tests of section 5747.24 of	21940
the Revised Code are not controlling for purposes of division	21941
(I)(2) of this section.	21942

(3) A trust that, in whole or part, resides in this state. If	21943
only part of a trust resides in this state, the trust is a	21944
resident only with respect to that part.	21945

For the purposes of division (I)(3) of this section:

21946

(a) A trust resides in this state for the trust's current	21947
taxable year to the extent, as described in division (I)(3)(d) of	21948
this section, that the trust consists directly or indirectly, in	21949
whole or in part, of assets, net of any related liabilities, that	21950
were transferred, or caused to be transferred, directly or	21951
indirectly, to the trust by any of the following:	21952

(i) A person, a court, or a governmental entity or	21953
instrumentality on account of the death of a decedent, but only if	21954
the trust is described in division (I)(3)(e)(i) or (ii) of this	21955
section;	21956

(ii) A person who was domiciled in this state for the	21957
purposes of this chapter when the person directly or indirectly	21958
transferred assets to an irrevocable trust, but only if at least	21959
one of the trust's qualifying beneficiaries is domiciled in this	21960
state for the purposes of this chapter during all or some portion	21961
of the trust's current taxable year;	21962

(iii) A person who was domiciled in this state for the	21963
purposes of this chapter when the trust document or instrument or	21964
part of the trust document or instrument became irrevocable, but	21965
only if at least one of the trust's qualifying beneficiaries is a	21966
resident domiciled in this state for the purposes of this chapter	21967
during all or some portion of the trust's current taxable year. If	21968
a trust document or instrument became irrevocable upon the death	21969
of a person who at the time of death was domiciled in this state	21970
for purposes of this chapter, that person is a person described in	21971
division (I)(3)(a)(iii) of this section.	21972

(b) A trust is irrevocable to the extent that the transferor	21973
is not considered to be the owner of the net assets of the trust	21974
under sections 671 to 678 of the Internal Revenue Code.	21975

(c) With respect to a trust other than a charitable lead	21976
trust, "qualifying beneficiary" has the same meaning as "potential	21977
current beneficiary" as defined in section 1361(e)(2) of the	21978
Internal Revenue Code, and with respect to a charitable lead trust	21979
"qualifying beneficiary" is any current, future, or contingent	21980
beneficiary, but with respect to any trust "qualifying	21981
beneficiary" excludes a person or a governmental entity or	21982
instrumentality to any of which a contribution would qualify for	21983
the charitable deduction under section 170 of the Internal Revenue	21984
Code.	21985

(d) For the purposes of division (I)(3)(a) of this section,	21986
the extent to which a trust consists directly or indirectly, in	21987
whole or in part, of assets, net of any related liabilities, that	21988
were transferred directly or indirectly, in whole or part, to the	21989
trust by any of the sources enumerated in that division shall be	21990
ascertained by multiplying the fair market value of the trust's	21991
assets, net of related liabilities, by the qualifying ratio, which	21992
shall be computed as follows:	21993

(i) The first time the trust receives assets, the numerator	21994
of the qualifying ratio is the fair market value of those assets	21995
at that time, net of any related liabilities, from sources	21996
enumerated in division (I)(3)(a) of this section. The denominator	21997
of the qualifying ratio is the fair market value of all the	21998
trust's assets at that time, net of any related liabilities.	21999

(ii) Each subsequent time the trust receives assets, a	22000
revised qualifying ratio shall be computed. The numerator of the	22001
revised qualifying ratio is the sum of (1) the fair market value	22002
of the trust's assets immediately prior to the subsequent	22003
transfer, net of any related liabilities, multiplied by the	22004
qualifying ratio last computed without regard to the subsequent	22005
transfer, and (2) the fair market value of the subsequently	22006
transferred assets at the time transferred, net of any related	22007
liabilities, from sources enumerated in division (I)(3)(a) of this	22008
section. The denominator of the revised qualifying ratio is the	22009
fair market value of all the trust's assets immediately after the	22010
subsequent transfer, net of any related liabilities.	22011

(iii) Whether a transfer to the trust is by or from any of	22012
the sources enumerated in division (I)(3)(a) of this section shall	22013
be ascertained without regard to the domicile of the trust's	22014
beneficiaries.	22015

(e) For the purposes of division (I)(3)(a)(i) of this	22016
section:	22017

(i) A trust is described in division (I)(3)(e)(i) of this	22018
section if the trust is a testamentary trust and the testator of	22019
that testamentary trust was domiciled in this state at the time of	22020
the testator's death for purposes of the taxes levied under	22021
Chapter 5731. of the Revised Code.	22022

(ii) A trust is described in division (I)(3)(e)(ii) of this	22023
section if the transfer is a qualifying transfer described in any	22024
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	22025
irrevocable inter vivos trust, and at least one of the trust's	22026
qualifying beneficiaries is domiciled in this state for purposes	22027
of this chapter during all or some portion of the trust's current	22028
taxable year.	22029

(f) For the purposes of division (I)(3)(e)(ii) of this	22030
section, a "qualifying transfer" is a transfer of assets, net of	22031
any related liabilities, directly or indirectly to a trust, if the	22032
transfer is described in any of the following:	22033

(i) The transfer is made to a trust, created by the decedent	22034
before the decedent's death and while the decedent was domiciled	22035
in this state for the purposes of this chapter, and, prior to the	22036
death of the decedent, the trust became irrevocable while the	22037
decedent was domiciled in this state for the purposes of this	22038
chapter.	22039

(ii) The transfer is made to a trust to which the decedent,	22040
prior to the decedent's death, had directly or indirectly	22041
transferred assets, net of any related liabilities, while the	22042
decedent was domiciled in this state for the purposes of this	22043
chapter, and prior to the death of the decedent the trust became	22044
irrevocable while the decedent was domiciled in this state for the	22045
purposes of this chapter.	22046

(iii) The transfer is made on account of a contractual	22047
relationship existing directly or indirectly between the	22048
transferor and either the decedent or the estate of the decedent	22049
at any time prior to the date of the decedent's death, and the	22050
decedent was domiciled in this state at the time of death for	22051
purposes of the taxes levied under Chapter 5731. of the Revised	22052
Code.	22053

(iv) The transfer is made to a trust on account of a	22054
contractual relationship existing directly or indirectly between	22055
the transferor and another person who at the time of the	22056
decedent's death was domiciled in this state for purposes of this	22057
chapter.	22058

(v) The transfer is made to a trust on account of the will of	22059
a testator.	22060

(vi) The transfer is made to a trust created by or caused to	22061
be created by a court, and the trust was directly or indirectly	22062
created in connection with or as a result of the death of an	22063
individual who, for purposes of the taxes levied under Chapter	22064
5731. of the Revised Code, was domiciled in this state at the time	22065
of the individual's death.	22066

(g) The tax commissioner may adopt rules to ascertain the	22067
part of a trust residing in this state.	22068

(J) "Nonresident" means an individual or estate that is not a	22069
resident. An individual who is a resident for only part of a	22070
taxable year is a nonresident for the remainder of that taxable	22071
year.	22072

(K) "Pass-through entity" has the same meaning as in section	22073
5733.04 of the Revised Code.	22074

(L) "Return" means the notifications and reports required to	22075
be filed pursuant to this chapter for the purpose of reporting the	22076
tax due and includes declarations of estimated tax when so	22077
required.	22078

(M) "Taxable year" means the calendar year or the taxpayer's	22079
fiscal year ending during the calendar year, or fractional part	22080
thereof, upon which the adjusted gross income is calculated	22081
pursuant to this chapter.	22082

(N) "Taxpayer" means any person subject to the tax imposed by	22083
section 5747.02 of the Revised Code or any pass-through entity	22084
that makes the election under division (D) of section 5747.08 of	22085
the Revised Code.	22086

(O) "Dependents" means dependents as defined in the Internal	22087
Revenue Code and as claimed in the taxpayer's federal income tax	22088
return for the taxable year or which the taxpayer would have been	22089
permitted to claim had the taxpayer filed a federal income tax	22090
return.	22091

(P) "Principal county of employment" means, in the case of a	22092
nonresident, the county within the state in which a taxpayer	22093
performs services for an employer or, if those services are	22094
performed in more than one county, the county in which the major	22095
portion of the services are performed.	22096

(Q) As used in sections 5747.50 to 5747.55 of the Revised	22097
Code:	22098

(1) "Subdivision" means any county, municipal corporation,	22099
park district, or township.	22100

(2) "Essential local government purposes" includes all	22101
functions that any subdivision is required by general law to	22102
exercise, including like functions that are exercised under a	22103
charter adopted pursuant to the Ohio Constitution.	22104

(R) "Overpayment" means any amount already paid that exceeds	22105
the figure determined to be the correct amount of the tax.	22106

(S) "Taxable income" or "Ohio taxable income" applies only to	22107
estates and trusts, and means federal taxable income, as defined	22108
and used in the Internal Revenue Code, adjusted as follows:	22109

(1) Add interest or dividends, net of ordinary, necessary,	22110
and reasonable expenses not deducted in computing federal taxable	22111
income, on obligations or securities of any state or of any	22112
political subdivision or authority of any state, other than this	22113
state and its subdivisions and authorities, but only to the extent	22114
that such net amount is not otherwise includible in Ohio taxable	22115
income and is described in either division (S)(1)(a) or (b) of	22116
this section:	22117

(a) The net amount is not attributable to the S portion of an	22118
electing small business trust and has not been distributed to	22119
beneficiaries for the taxable year;	22120

(b) The net amount is attributable to the S portion of an	22121
electing small business trust for the taxable year.	22122

(2) Add interest or dividends, net of ordinary, necessary,	22123
and reasonable expenses not deducted in computing federal taxable	22124
income, on obligations of any authority, commission,	22125
instrumentality, territory, or possession of the United States to	22126
the extent that the interest or dividends are exempt from federal	22127
income taxes but not from state income taxes, but only to the	22128
extent that such net amount is not otherwise includible in Ohio	22129
taxable income and is described in either division (S)(1)(a) or	22130
(b) of this section;	22131

(3) Add the amount of personal exemption allowed to the	22132
estate pursuant to section 642(b) of the Internal Revenue Code;	22133

(4) Deduct interest or dividends, net of related expenses	22134
deducted in computing federal taxable income, on obligations of	22135
the United States and its territories and possessions or of any	22136
authority, commission, or instrumentality of the United States to	22137
the extent that the interest or dividends are exempt from state	22138
taxes under the laws of the United States, but only to the extent	22139
that such amount is included in federal taxable income and is	22140
described in either division (S)(1)(a) or (b) of this section;	22141

(5) Deduct the amount of wages and salaries, if any, not	22142
otherwise allowable as a deduction but that would have been	22143
allowable as a deduction in computing federal taxable income for	22144
the taxable year, had the targeted jobs credit allowed under	22145
sections 38, 51, and 52 of the Internal Revenue Code not been in	22146
effect, but only to the extent such amount relates either to	22147
income included in federal taxable income for the taxable year or	22148
to income of the S portion of an electing small business trust for	22149
the taxable year;	22150

(6) Deduct any interest or interest equivalent, net of	22151
related expenses deducted in computing federal taxable income, on	22152
public obligations and purchase obligations, but only to the	22153
extent that such net amount relates either to income included in	22154
federal taxable income for the taxable year or to income of the S	22155
portion of an electing small business trust for the taxable year;	22156

(7) Add any loss or deduct any gain resulting from sale,	22157
exchange, or other disposition of public obligations to the extent	22158
that such loss has been deducted or such gain has been included in	22159
computing either federal taxable income or income of the S portion	22160
of an electing small business trust for the taxable year;	22161

(8) Except in the case of the final return of an estate, add	22162
any amount deducted by the taxpayer on both its Ohio estate tax	22163
return pursuant to section 5731.14 of the Revised Code, and on its	22164
federal income tax return in determining federal taxable income;	22165

(9)(a) Deduct any amount included in federal taxable income	22166
solely because the amount represents a reimbursement or refund of	22167
expenses that in a previous year the decedent had deducted as an	22168
itemized deduction pursuant to section 63 of the Internal Revenue	22169
Code and applicable treasury regulations. The deduction otherwise	22170
allowed under division (S)(9)(a) of this section shall be reduced	22171
to the extent the reimbursement is attributable to an amount the	22172
taxpayer or decedent deducted under this section in any taxable	22173
year.	22174

(b) Add any amount not otherwise included in Ohio taxable	22175
income for any taxable year to the extent that the amount is	22176
attributable to the recovery during the taxable year of any amount	22177
deducted or excluded in computing federal or Ohio taxable income	22178
in any taxable year, but only to the extent such amount has not	22179
been distributed to beneficiaries for the taxable year.	22180

(10) Deduct any portion of the deduction described in section	22181
1341(a)(2) of the Internal Revenue Code, for repaying previously	22182
reported income received under a claim of right, that meets both	22183
of the following requirements:	22184

(a) It is allowable for repayment of an item that was	22185
included in the taxpayer's taxable income or the decedent's	22186
adjusted gross income for a prior taxable year and did not qualify	22187
for a credit under division (A) or (B) of section 5747.05 of the	22188
Revised Code for that year.	22189

(b) It does not otherwise reduce the taxpayer's taxable	22190
income or the decedent's adjusted gross income for the current or	22191
any other taxable year.	22192

(11) Add any amount claimed as a credit under section	22193
5747.059 of the Revised Code to the extent that the amount	22194
satisfies either of the following:	22195

(a) The amount was deducted or excluded from the computation	22196
of the taxpayer's federal taxable income as required to be	22197
reported for the taxpayer's taxable year under the Internal	22198
Revenue Code;	22199

(b) The amount resulted in a reduction in the taxpayer's	22200
federal taxable income as required to be reported for any of the	22201
taxpayer's taxable years under the Internal Revenue Code.	22202

(12) Deduct any amount, net of related expenses deducted in	22203
computing federal taxable income, that a trust is required to	22204
report as farm income on its federal income tax return, but only	22205
if the assets of the trust include at least ten acres of land	22206
satisfying the definition of "land devoted exclusively to	22207
agricultural use" under section 5713.30 of the Revised Code,	22208
regardless of whether the land is valued for tax purposes as such	22209
land under sections 5713.30 to 5713.38 of the Revised Code. If the	22210
trust is a pass-through entity investor, section 5747.231 of the	22211
Revised Code applies in ascertaining if the trust is eligible to	22212
claim the deduction provided by division (S)(12) of this section	22213
in connection with the pass-through entity's farm income.	22214

Except for farm income attributable to the S portion of an	22215
electing small business trust, the deduction provided by division	22216
(S)(12) of this section is allowed only to the extent that the	22217
trust has not distributed such farm income. Division (S)(12) of	22218
this section applies only to taxable years of a trust beginning in	22219
2002 or thereafter.	22220

(13) Add the net amount of income described in section 641(c)	22221
of the Internal Revenue Code to the extent that amount is not	22222
included in federal taxable income.	22223

(14) Add or deduct the amount the taxpayer would be required	22224
to add or deduct under division (A)(20) or (21) of this section if	22225
the taxpayer's Ohio taxable income were computed in the same	22226
manner as an individual's Ohio adjusted gross income is computed	22227
under this section. In the case of a trust, division (S)(14) of	22228
this section applies only to any of the trust's taxable years	22229
beginning in 2002 or thereafter.	22230

(T) "School district income" and "school district income tax"	22231
have the same meanings as in section 5748.01 of the Revised Code.	22232

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	22233
of this section, "public obligations," "purchase obligations," and	22234
"interest or interest equivalent" have the same meanings as in	22235
section 5709.76 of the Revised Code.	22236

(V) "Limited liability company" means any limited liability	22237
company formed under Chapter 1705. of the Revised Code or under	22238
the laws of any other state.	22239

(W) "Pass-through entity investor" means any person who,	22240
during any portion of a taxable year of a pass-through entity, is	22241
a partner, member, shareholder, or equity investor in that	22242
pass-through entity.	22243

(X) "Banking day" has the same meaning as in section 1304.01	22244
of the Revised Code.	22245

(Y) "Month" means a calendar month.

22246

(Z) "Quarter" means the first three months, the second three	22247
months, the third three months, or the last three months of the	22248
taxpayer's taxable year.	22249

(AA)(1) "Eligible institution" means a state university or	22250
state institution of higher education as defined in section	22251
3345.011 of the Revised Code, or a private, nonprofit college,	22252
university, or other post-secondary institution located in this	22253
state that possesses a certificate of authorization issued by the	22254
Ohio board of regents pursuant to Chapter 1713. of the Revised	22255
Code or a certificate of registration issued by the state board of	22256
career colleges and schools under Chapter 3332. of the Revised	22257
Code.	22258

(2) "Qualified tuition and fees" means tuition and fees	22259
imposed by an eligible institution as a condition of enrollment or	22260
attendance, not exceeding two thousand five hundred dollars in	22261
each of the individual's first two years of post-secondary	22262
education. If the individual is a part-time student, "qualified	22263
tuition and fees" includes tuition and fees paid for the academic	22264
equivalent of the first two years of post-secondary education	22265
during a maximum of five taxable years, not exceeding a total of	22266
five thousand dollars. "Qualified tuition and fees" does not	22267
include:	22268

(a) Expenses for any course or activity involving sports,	22269
games, or hobbies unless the course or activity is part of the	22270
individual's degree or diploma program;	22271

(b) The cost of books, room and board, student activity fees,	22272
athletic fees, insurance expenses, or other expenses unrelated to	22273
the individual's academic course of instruction;	22274

(c) Tuition, fees, or other expenses paid or reimbursed	22275
through an employer, scholarship, grant in aid, or other	22276
educational benefit program.	22277

(BB)(1) "Modified business income" means the business income	22278
included in a trust's Ohio taxable income after such taxable	22279
income is first reduced by the qualifying trust amount, if any.	22280

(2) "Qualifying trust amount" of a trust means capital gains	22281
and losses from the sale, exchange, or other disposition of equity	22282
or ownership interests in, or debt obligations of, a qualifying	22283
investee to the extent included in the trust's Ohio taxable	22284
income, but only if the following requirements are satisfied:	22285

(a) The book value of the qualifying investee's physical	22286
assets in this state and everywhere, as of the last day of the	22287
qualifying investee's fiscal or calendar year ending immediately	22288
prior to the date on which the trust recognizes the gain or loss,	22289
is available to the trust.	22290

(b) The requirements of section 5747.011 of the Revised Code	22291
are satisfied for the trust's taxable year in which the trust	22292
recognizes the gain or loss.	22293

Any gain or loss that is not a qualifying trust amount is	22294
modified business income, qualifying investment income, or	22295
modified nonbusiness income, as the case may be.	22296

(3) "Modified nonbusiness income" means a trust's Ohio	22297
taxable income other than modified business income, other than the	22298
qualifying trust amount, and other than qualifying investment	22299
income, as defined in section 5747.012 of the Revised Code, to the	22300
extent such qualifying investment income is not otherwise part of	22301
modified business income.	22302

(4) "Modified Ohio taxable income" applies only to trusts,	22303
and means the sum of the amounts described in divisions (BB)(4)(a)	22304
to (c) of this section:	22305

(a) The fraction, calculated under section 5747.013, and	22306
applying section 5747.231 of the Revised Code, multiplied by the	22307
sum of the following amounts:	22308

(i) The trust's modified business income;

22309

(ii) The trust's qualifying investment income, as defined in	22310
section 5747.012 of the Revised Code, but only to the extent the	22311
qualifying investment income does not otherwise constitute	22312
modified business income and does not otherwise constitute a	22313
qualifying trust amount.	22314

(b) The qualifying trust amount multiplied by a fraction, the	22315
numerator of which is the sum of the book value of the qualifying	22316
investee's physical assets in this state on the last day of the	22317
qualifying investee's fiscal or calendar year ending immediately	22318
prior to the day on which the trust recognizes the qualifying	22319
trust amount, and the denominator of which is the sum of the book	22320
value of the qualifying investee's total physical assets	22321
everywhere on the last day of the qualifying investee's fiscal or	22322
calendar year ending immediately prior to the day on which the	22323
trust recognizes the qualifying trust amount. If, for a taxable	22324
year, the trust recognizes a qualifying trust amount with respect	22325
to more than one qualifying investee, the amount described in	22326
division (BB)(4)(b) of this section shall equal the sum of the	22327
products so computed for each such qualifying investee.	22328

(c)(i) With respect to a trust or portion of a trust that is	22329
a resident as ascertained in accordance with division (I)(3)(d) of	22330
this section, its modified nonbusiness income.	22331

(ii) With respect to a trust or portion of a trust that is	22332
not a resident as ascertained in accordance with division	22333
(I)(3)(d) of this section, the amount of its modified nonbusiness	22334
income satisfying the descriptions in divisions (B)(2) to (5) of	22335
section 5747.20 of the Revised Code, except as otherwise provided	22336
in division (BB)(4)(c)(ii) of this section. With respect to a	22337
trust or portion of a trust that is not a resident as ascertained	22338
in accordance with division (I)(3)(d) of this section, the trust's	22339
portion of modified nonbusiness income recognized from the sale,	22340
exchange, or other disposition of a debt interest in or equity	22341
interest in a section 5747.212 entity, as defined in section	22342
5747.212 of the Revised Code, without regard to division (A) of	22343
that section, shall not be allocated to this state in accordance	22344
with section 5747.20 of the Revised Code but shall be apportioned	22345
to this state in accordance with division (B) of section 5747.212	22346
of the Revised Code without regard to division (A) of that	22347
section.	22348

If the allocation and apportionment of a trust's income under	22349
divisions (BB)(4)(a) and (c) of this section do not fairly	22350
represent the modified Ohio taxable income of the trust in this	22351
state, the alternative methods described in division (C) of	22352
section 5747.21 of the Revised Code may be applied in the manner	22353
and to the same extent provided in that section.	22354

(5)(a) Except as set forth in division (BB)(5)(b) of this	22355
section, "qualifying investee" means a person in which a trust has	22356
an equity or ownership interest, or a person or unit of government	22357
the debt obligations of either of which are owned by a trust. For	22358
the purposes of division (BB)(2)(a) of this section and for the	22359
purpose of computing the fraction described in division (BB)(4)(b)	22360
of this section, all of the following apply:	22361

(i) If the qualifying investee is a member of a qualifying	22362
controlled group on the last day of the qualifying investee's	22363
fiscal or calendar year ending immediately prior to the date on	22364
which the trust recognizes the gain or loss, then "qualifying	22365
investee" includes all persons in the qualifying controlled group	22366
on such last day.	22367

(ii) If the qualifying investee, or if the qualifying	22368
investee and any members of the qualifying controlled group of	22369
which the qualifying investee is a member on the last day of the	22370
qualifying investee's fiscal or calendar year ending immediately	22371
prior to the date on which the trust recognizes the gain or loss,	22372
separately or cumulatively own, directly or indirectly, on the	22373
last day of the qualifying investee's fiscal or calendar year	22374
ending immediately prior to the date on which the trust recognizes	22375
the qualifying trust amount, more than fifty per cent of the	22376
equity of a pass-through entity, then the qualifying investee and	22377
the other members are deemed to own the proportionate share of the	22378
pass-through entity's physical assets which the pass-through	22379
entity directly or indirectly owns on the last day of the	22380
pass-through entity's calendar or fiscal year ending within or	22381
with the last day of the qualifying investee's fiscal or calendar	22382
year ending immediately prior to the date on which the trust	22383
recognizes the qualifying trust amount.	22384

(iii) For the purposes of division (BB)(5)(a)(iii) of this	22385
section, "upper level pass-through entity" means a pass-through	22386
entity directly or indirectly owning any equity of another	22387
pass-through entity, and "lower level pass-through entity" means	22388
that other pass-through entity.	22389

An upper level pass-through entity, whether or not it is also	22390
a qualifying investee, is deemed to own, on the last day of the	22391
upper level pass-through entity's calendar or fiscal year, the	22392
proportionate share of the lower level pass-through entity's	22393
physical assets that the lower level pass-through entity directly	22394
or indirectly owns on the last day of the lower level pass-through	22395
entity's calendar or fiscal year ending within or with the last	22396
day of the upper level pass-through entity's fiscal or calendar	22397
year. If the upper level pass-through entity directly and	22398
indirectly owns less than fifty per cent of the equity of the	22399
lower level pass-through entity on each day of the upper level	22400
pass-through entity's calendar or fiscal year in which or with	22401
which ends the calendar or fiscal year of the lower level	22402
pass-through entity and if, based upon clear and convincing	22403
evidence, complete information about the location and cost of the	22404
physical assets of the lower pass-through entity is not available	22405
to the upper level pass-through entity, then solely for purposes	22406
of ascertaining if a gain or loss constitutes a qualifying trust	22407
amount, the upper level pass-through entity shall be deemed as	22408
owning no equity of the lower level pass-through entity for each	22409
day during the upper level pass-through entity's calendar or	22410
fiscal year in which or with which ends the lower level	22411
pass-through entity's calendar or fiscal year. Nothing in division	22412
(BB)(5)(a)(iii) of this section shall be construed to provide for	22413
any deduction or exclusion in computing any trust's Ohio taxable	22414
income.	22415

(b) With respect to a trust that is not a resident for the	22416
taxable year and with respect to a part of a trust that is not a	22417
resident for the taxable year, "qualifying investee" for that	22418
taxable year does not include a C corporation if both of the	22419
following apply:	22420

(i) During the taxable year the trust or part of the trust	22421
recognizes a gain or loss from the sale, exchange, or other	22422
disposition of equity or ownership interests in, or debt	22423
obligations of, the C corporation.	22424

(ii) Such gain or loss constitutes nonbusiness income.

22425

(6) "Available" means information is such that a person is	22426
able to learn of the information by the due date plus extensions,	22427
if any, for filing the return for the taxable year in which the	22428
trust recognizes the gain or loss.	22429

(CC) "Qualifying controlled group" has the same meaning as in	22430
section 5733.04 of the Revised Code.	22431

(DD) "Related member" has the same meaning as in section	22432
5733.042 of the Revised Code.	22433

(EE)(1) For the purposes of division (EE) of this section:

22434

(a) "Qualifying person" means any person other than a	22435
qualifying corporation.	22436

(b) "Qualifying corporation" means any person classified for	22437
federal income tax purposes as an association taxable as a	22438
corporation, except either of the following:	22439

(i) A corporation that has made an election under subchapter	22440
S, chapter one, subtitle A, of the Internal Revenue Code for its	22441
taxable year ending within, or on the last day of, the investor's	22442
taxable year;	22443

(ii) A subsidiary that is wholly owned by any corporation	22444
that has made an election under subchapter S, chapter one,	22445
subtitle A of the Internal Revenue Code for its taxable year	22446
ending within, or on the last day of, the investor's taxable year.	22447

(2) For the purposes of this chapter, unless expressly stated	22448
otherwise, no qualifying person indirectly owns any asset directly	22449
or indirectly owned by any qualifying corporation.	22450

(FF) For purposes of this chapter and Chapter 5751. of the	22451
Revised Code:	22452

(1) "Trust" does not include a qualified pre-income tax	22453
trust.	22454

(2) A "qualified pre-income tax trust" is any pre-income tax	22455
trust that makes a qualifying pre-income tax trust election as	22456
described in division (FF)(3) of this section.	22457

(3) A "qualifying pre-income tax trust election" is an	22458
election by a pre-income tax trust to subject to the tax imposed	22459
by section 5751.02 of the Revised Code the pre-income tax trust	22460
and all pass-through entities of which the trust owns or controls,	22461
directly, indirectly, or constructively through related interests,	22462
five per cent or more of the ownership or equity interests. The	22463
trustee shall notify the tax commissioner in writing of the	22464
election on or before April 15, 2006. The election, if timely	22465
made, shall be effective on and after January 1, 2006, and shall	22466
apply for all tax periods and tax years until revoked by the	22467
trustee of the trust.	22468

(4) A "pre-income tax trust" is a trust that satisfies all of	22469
the following requirements:	22470

(a) The document or instrument creating the trust was	22471
executed by the grantor before January 1, 1972;	22472

(b) The trust became irrevocable upon the creation of the	22473
trust; and	22474

(c) The grantor was domiciled in this state at the time the	22475
trust was created.	22476

Sec. 5747.02. (A) For the purpose of providing revenue for	22477
the support of schools and local government functions, to provide	22478
relief to property taxpayers, to provide revenue for the general	22479
revenue fund, and to meet the expenses of administering the tax	22480
levied by this chapter, there is hereby levied on every	22481
individual, trust, and estate residing in or earning or receiving	22482
income in this state, on every individual, trust, and estate	22483
earning or receiving lottery winnings, prizes, or awards pursuant	22484
to Chapter 3770. of the Revised Code, and on every individual,	22485
trust, and estate otherwise having nexus with or in this state	22486
under the Constitution of the United States, an annual tax	22487
measured in the case of individuals by Ohio adjusted gross income	22488
less an exemption for the taxpayer, the taxpayer's spouse, and	22489
each dependent as provided in section 5747.025 of the Revised	22490
Code; measured in the case of trusts by modified Ohio taxable	22491
income under division (D) of this section; and measured in the	22492
case of estates by Ohio taxable income. The tax imposed by this	22493
section on the balance thus obtained is hereby levied as follows:	22494

(1) For taxable years beginning in 2004:

22495

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22496
OR		22497
MODIFIED OHIO		22498
TAXABLE INCOME (TRUSTS)		22499
OR		22500
OHIO TAXABLE INCOME (ESTATES)	TAX	22501

$5,000 or less	.743%	22502
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	22503
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	22504
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	22505
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	22506
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	22507
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	22508
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	22509
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	22510

(2) For taxable years beginning in 2005:

22511

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22512
OR		22513
MODIFIED OHIO		22514
TAXABLE INCOME (TRUSTS)		22515
OR		22516
OHIO TAXABLE INCOME (ESTATES)	TAX	22517

$5,000 or less	.712%	22518
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	22519
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	22520
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	22521
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	22522
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	22523
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	22524
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	22525
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	22526

(3) For taxable years beginning in 2006:

22527

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22528
OR		22529
MODIFIED OHIO		22530
TAXABLE INCOME (TRUSTS)		22531
OR		22532
OHIO TAXABLE INCOME (ESTATES)	TAX	22533

$5,000 or less	.681%	22534
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	22535
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	22536
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	22537
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	22538
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	22539
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	22540
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	22541
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	22542

(4) For taxable years beginning in 2007:

22543

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22544
OR		22545
MODIFIED OHIO		22546
TAXABLE INCOME (TRUSTS)		22547
OR		22548
OHIO TAXABLE INCOME (ESTATES)	TAX	22549

$5,000 or less	.649%	22550
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	22551
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	22552
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	22553
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	22554
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	22555
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	22556
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	22557
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	22558

(5) For taxable years beginning in 2008:

22559

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22560
OR		22561
MODIFIED OHIO		22562
TAXABLE INCOME (TRUSTS)		22563
OR		22564
OHIO TAXABLE INCOME (ESTATES)	TAX	22565

$5,000 or less	.618%	22566
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	22567
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	22568
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	22569
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	22570
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	22571
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	22572
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	22573
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	22574

(6) For taxable years beginning in 2009 or thereafter:

22575

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22576
OR		22577
MODIFIED OHIO		22578
TAXABLE INCOME (TRUSTS)		22579
OR		22580
OHIO TAXABLE INCOME (ESTATES)	TAX	22581

$5,000 or less	.587%	22582
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	22583
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	22584
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	22585
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	22586
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	22587
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	22588
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	22589
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	22590

In July of each year, beginning in 2010, the tax commissioner	22591
shall adjust the income amounts prescribed in this division by	22592
multiplying the percentage increase in the gross domestic product	22593
deflator computed that year under section 5747.025 of the Revised	22594
Code by each of the income amounts resulting from the adjustment	22595
under this division in the preceding year, adding the resulting	22596
product to the corresponding income amount resulting from the	22597
adjustment in the preceding year, and rounding the resulting sum	22598
to the nearest multiple of fifty dollars. The tax commissioner	22599
also shall recompute each of the tax dollar amounts to the extent	22600
necessary to reflect the adjustment of the income amounts. The	22601
rates of taxation shall not be adjusted.	22602

The adjusted amounts apply to taxable years beginning in the	22603
calendar year in which the adjustments are made. The tax	22604
commissioner shall not make such adjustments in any year in which	22605
the amount resulting from the adjustment would be less than the	22606
amount resulting from the adjustment in the preceding year.	22607

(B) If the director of budget and management makes a	22608
certification to the tax commissioner under division (B) of	22609
section 131.44 of the Revised Code, the amount of tax as	22610
determined under division (A) of this section shall be reduced by	22611
the percentage prescribed in that certification for taxable years	22612
beginning in the calendar year in which that certification is	22613
made.	22614

(C) The levy of this tax on income does not prevent a	22615
municipal corporation, a joint economic development zone created	22616
under section 715.691, or a joint economic development district	22617
created under section 715.70 or 715.71 or sections 715.72 to	22618
715.81 of the Revised Code from levying a tax on income.	22619

(D) This division applies only to taxable years of a trust	22620
beginning in 2002 or thereafter.	22621

(1) The tax imposed by this section on a trust shall be	22622
computed by multiplying the Ohio modified taxable income of the	22623
trust by the rates prescribed by division (A) of this section.	22624

(2) A nonresident trust may claim a credit ~~is allowed~~ against	22625
the tax computed under division (D) of this section equal to the	22626
lesser of (1) the tax paid to another state or the District of	22627
Columbia on the nonresident trust's modified nonbusiness income,	22628
other than the portion of the nonresident trust's nonbusiness	22629
income that is qualifying investment income as defined in section	22630
5747.012 of the Revised Code, or (2) the effective tax rate, based	22631
on modified Ohio taxable income, multiplied by the nonresident	22632
trust's modified nonbusiness income other than the portion of the	22633
nonresident trust's nonbusiness income that is qualifying	22634
investment income. The credit applies before any other applicable	22635
credits.	22636

(3) The credits enumerated in divisions (A)(1) to (13) of	22637
section 5747.98 of the Revised Code do not apply to a trust	22638
subject to ~~this~~ division (D) of this section. Any credits	22639
enumerated in other divisions of section 5747.98 of the Revised	22640
Code apply to a trust subject to ~~this~~ division (D) of this	22641
section. To the extent that the trust distributes income for the	22642
taxable year for which a credit is available to the trust, the	22643
credit shall be shared by the trust and its beneficiaries. The tax	22644
commissioner and the trust shall be guided by applicable	22645
regulations of the United States treasury regarding the sharing of	22646
credits.	22647

(E) For the purposes of this section, "trust" means any trust	22648
described in Subchapter J of Chapter 1 of the Internal Revenue	22649
Code, excluding trusts that are not irrevocable as defined in	22650
division (I)(3)(b) of section 5747.01 of the Revised Code and that	22651
have no modified Ohio taxable income for the taxable year,	22652
charitable remainder trusts, qualified funeral trusts and preneed	22653
funeral contract trusts established pursuant to section 1111.19 of	22654
the Revised Code that are not qualified funeral trusts, endowment	22655
and perpetual care trusts, qualified settlement trusts and funds,	22656
designated settlement trusts and funds, and trusts exempted from	22657
taxation under section 501(a) of the Internal Revenue Code.	22658

Sec. 5747.082. (A) As used in this section:

22659

(1) "Electronic technology" means electronic technology	22660
acceptable to the tax commissioner under division (B) of this	22661
section.	22662

(2) "Original tax return" means any report, return, or other	22663
tax document required to be filed under this chapter for the	22664
purpose of reporting the taxes due under, and withholdings	22665
required by, this chapter. "Original tax return" does not include	22666
an amended return or any declaration or form required by or filed	22667
in connection with section 5747.09 of the Revised Code.	22668

(3) "Related member" has the same meaning as in section	22669
5733.042 of the Revised Code.	22670

(4) "Tax return preparer" means any person that operates a	22671
business that prepares, or directly or indirectly employs another	22672
person to prepare, for a taxpayer an original tax return in	22673
exchange for compensation or remuneration from the taxpayer or the	22674
taxpayer's related member. With respect to the preparation of a	22675
return or application for refund under this chapter, "tax return	22676
preparer" does not include an individual who performs only one or	22677
more of the following activities:	22678

(a) Furnishes typing, reproducing, or other mechanical	22679
assistance;	22680

(b) Prepares an application for refund or a return on behalf	22681
of an employer by whom the individual is regularly and	22682
continuously employed, or on behalf of an officer or employee of	22683
that employer;	22684

(c) Prepares as a fiduciary an application for refund or a	22685
return;	22686

(d) Prepares an application for refund or a return for a	22687
taxpayer in response to a notice of deficiency issued to the	22688
taxpayer or the taxpayer's related member, or in response to a	22689
waiver of restriction after the commencement of an audit of the	22690
taxpayer or the taxpayer's related member.	22691

(B) Divisions (C) and (D) of this section apply to the filing	22692
of original tax returns that are due in a calendar year only if	22693
the tax commissioner, by the last day of the calendar year	22694
immediately preceding the calendar year in which such returns are	22695
due, has published on the department of taxation's official	22696
internet web site at least one method of electronic technology	22697
acceptable to the commissioner for filing such returns.	22698

(C) A tax return preparer that prepares more than	22699
seventy-five original tax returns during any calendar year that	22700
begins on or after January 1, 2008, shall, beginning January 1,	22701
2010, use electronic technology to file with the tax commissioner	22702
all original tax returns prepared by the tax return preparer.	22703
This division does not apply to a tax return preparer for a	22704
calendar year if, during the previous calendar year, the tax	22705
return preparer prepared no more than twenty-five original tax	22706
returns.	22707

(D) If a tax return preparer required by this section to	22708
submit original tax returns by electronic technology files an	22709
original tax return by some means other than by electronic	22710
technology, the tax commissioner shall impose a penalty of fifty	22711
dollars for each return that is not filed by electronic	22712
technology. Upon good cause shown by the tax return preparer, the	22713
tax commissioner may waive all or any portion of the penalty or	22714
may refund all or any portion of the penalty the tax return	22715
preparer has paid.	22716

Sec. 5748.022. A majority of the members of a board of	22717
education of a school district levying a tax under section 5748.02	22718
of the Revised Code may adopt a resolution reducing the rate of	22719
the tax by a multiple of one-fourth of one per cent.	22720

The resolution shall set forth the current rate of the tax,	22721
the reduced rate of tax that results from adoption of the	22722
resolution, the purpose or purposes for which the tax is levied,	22723
the remaining number of years the tax will be levied or that it is	22724
levied for a continuing period of time, and the date on which the	22725
reduced tax rate shall take effect, which shall be the ensuing	22726
first day of January occurring at least ~~sixty~~forty-five days	22727
after a copy of the resolution is certified to the tax	22728
commissioner.	22729

Sec. 5749.17. Any information provided to the department of	22730
natural resources by the department of taxation in accordance with	22731
division (C)(11) of section 5703.21 of the Revised Code shall not	22732
be disclosed publicly by the department of natural resources, but	22733
the department of natural resources may provide such information	22734
to the attorney general for purposes of enforcement of the law.	22735

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	22736
the Revised Code:	22737

(1) "School district," "joint vocational school district,"	22738
"local taxing unit," "recognized valuation," "fixed-rate levy,"	22739
and "fixed-sum levy" have the same meanings as used in section	22740
5727.84 of the Revised Code.	22741

(2) "State education aid" for a school district means the sum	22742
of state aid amounts computed for the district under division (A)	22743
of section 3317.022 of the Revised Code, including the amounts	22744
calculated under sections 3317.029 and 3317.0217 of the Revised	22745
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	22746
3317.022; divisions (B), (C), and (D) of section 3317.023;	22747
divisions (L) and (N) of section 3317.024; section 3317.0216; and	22748
any unit payments for gifted student services paid under sections	22749
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	22750
for fiscal years 2008 and 2009, the amount computed for the	22751
district under Section 269.20.80 of H.B. 119 of the 127th general	22752
assembly and as that section subsequently may be amended shall be	22753
substituted for the amount computed under division (D) of section	22754
3317.022 of the Revised Code, and the amount computed under	22755
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	22756
that section subsequently may be amended shall be included.	22757

(3) "State education aid" for a joint vocational school	22758
district means the sum of the state aid computed for the district	22759
under division (N) of section 3317.024 and section 3317.16 of the	22760
Revised Code, except that, for fiscal years 2008 and 2009, the	22761
amount computed under Section 269.30.80 of H.B. 119 of the 127th	22762
general assembly and as that section subsequently may be amended	22763
shall be included.	22764

(4) "State education aid offset" means the amount determined	22765
for each school district or joint vocational school district under	22766
division (A)(1) of section 5751.21 of the Revised Code.	22767

(5) "Machinery and equipment property tax value loss" means	22768
the amount determined under division (C)(1) of this section.	22769

(6) "Inventory property tax value loss" means the amount	22770
determined under division (C)(2) of this section.	22771

(7) "Furniture and fixtures property tax value loss" means	22772
the amount determined under division (C)(3) of this section.	22773

(8) "Machinery and equipment fixed-rate levy loss" means the	22774
amount determined under division (D)(1) of this section.	22775

(9) "Inventory fixed-rate levy loss" means the amount	22776
determined under division (D)(2) of this section.	22777

(10) "Furniture and fixtures fixed-rate levy loss" means the	22778
amount determined under division (D)(3) of this section.	22779

(11) "Total fixed-rate levy loss" means the sum of the	22780
machinery and equipment fixed-rate levy loss, the inventory	22781
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	22782
loss, and the telephone company fixed-rate levy loss.	22783

(12) "Fixed-sum levy loss" means the amount determined under	22784
division (E) of this section.	22785

(13) "Machinery and equipment" means personal property	22786
subject to the assessment rate specified in division (F) of	22787
section 5711.22 of the Revised Code.	22788

(14) "Inventory" means personal property subject to the	22789
assessment rate specified in division (E) of section 5711.22 of	22790
the Revised Code.	22791

(15) "Furniture and fixtures" means personal property	22792
subject to the assessment rate specified in division (G) of	22793
section 5711.22 of the Revised Code.	22794

(16) "Qualifying levies" are levies in effect for tax year	22795
2004 or applicable to tax year 2005 or approved at an election	22796
conducted before September 1, 2005. For the purpose of	22797
determining the rate of a qualifying levy authorized by section	22798
5705.212 or 5705.213 of the Revised Code, the rate shall be the	22799
rate that would be in effect for tax year 2010.	22800

(17) "Telephone property" means tangible personal property	22801
of a telephone, telegraph, or interexchange telecommunications	22802
company subject to an assessment rate specified in section	22803
5727.111 of the Revised Code in tax year 2004.	22804

(18) "Telephone property tax value loss" means the amount	22805
determined under division (C)(4) of this section.	22806

(19) "Telephone property fixed-rate levy loss" means the	22807
amount determined under division (D)(4) of this section.	22808

(B) The commercial activities tax receipts fund is hereby	22809
created in the state treasury and shall consist of money arising	22810
from the tax imposed under this chapter. All money in that fund	22811
shall be credited for each fiscal year in the following	22812
percentages to the general revenue fund, to the school district	22813
tangible property tax replacement fund, which is hereby created in	22814
the state treasury for the purpose of making the payments	22815
described in section 5751.21 of the Revised Code, and to the local	22816
government tangible property tax replacement fund, which is hereby	22817
created in the state treasury for the purpose of making the	22818
payments described in section 5751.22 of the Revised Code, in the	22819
following percentages:	22820

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	22821
2006	67.7%	22.6%	9.7%	22822
2007	0%	70.0%	30.0%	22823
2008	0%	70.0%	30.0%	22824
2009	0%	70.0%	30.0%	22825
2010	0%	70.0%	30.0%	22826
2011	0%	70.0%	30.0%	22827
2012	5.3%	70.0%	24.7%	22828
2013	10.6%	70.0%	19.4%	22829
2014	14.1%	70.0%	15.9%	22830
2015	17.6%	70.0%	12.4%	22831
2016	21.1%	70.0%	8.9%	22832
2017	24.6%	70.0%	5.4%	22833
2018	28.1%	70.0%	1.9%	22834
2019 and thereafter	30%	70%	0%	22835

(C) Not later than September 15, 2005, the tax commissioner	22836
shall determine for each school district, joint vocational school	22837
district, and local taxing unit its machinery and equipment,	22838
inventory property, furniture and fixtures property, and telephone	22839
property tax value losses, which are the applicable amounts	22840
described in divisions (C)(1), (2), (3), and (4) of this section,	22841
except as provided in division (C)(5) of this section:	22842

(1) Machinery and equipment property tax value loss is the	22843
taxable value of machinery and equipment property as reported by	22844
taxpayers for tax year 2004 multiplied by:	22845

(a) For tax year 2006, thirty-three and eight-tenths per	22846
cent;	22847

(b) For tax year 2007, sixty-one and three-tenths per cent;

22848

22849

(d) For tax year 2009 and thereafter, one hundred per cent.

22850

(2) Inventory property tax value loss is the taxable value of	22851
inventory property as reported by taxpayers for tax year 2004	22852
multiplied by:	22853

(a) For tax year 2006, a fraction, the numerator of which is	22854
five and three-fourths and the denominator of which is	22855
twenty-three;	22856

(b) For tax year 2007, a fraction, the numerator of which is	22857
nine and one-half and the denominator of which is twenty-three;	22858

(c) For tax year 2008, a fraction, the numerator of which is	22859
thirteen and one-fourth and the denominator of which is	22860
twenty-three;	22861

(d) For tax year 2009 and thereafter a fraction, the	22862
numerator of which is seventeen and the denominator of which is	22863
twenty-three.	22864

(3) Furniture and fixtures property tax value loss is the	22865
taxable value of furniture and fixture property as reported by	22866
taxpayers for tax year 2004 multiplied by:	22867

(a) For tax year 2006, twenty-five per cent;

22868

(b) For tax year 2007, fifty per cent;

22869

22870

(d) For tax year 2009 and thereafter, one hundred per cent.

22871

The taxable value of property reported by taxpayers used in	22872
divisions (C)(1), (2), and (3) of this section shall be such	22873
values as determined to be final by the tax commissioner as of	22874
August 31, 2005. Such determinations shall be final except for any	22875
correction of a clerical error that was made prior to August 31,	22876
2005, by the tax commissioner.	22877

(4) Telephone property tax value loss is the taxable value of	22878
telephone property as taxpayers would have reported that property	22879
for tax year 2004 if the assessment rate for all telephone	22880
property for that year were twenty-five per cent, multiplied by:	22881

(a) For tax year 2006, zero per cent;

22882

(b) For tax year 2007, zero per cent;

22883

22884

(d) For tax year 2009, sixty per cent;

22885

(e) For tax year 2010, eighty per cent;

22886

(f) For tax year 2011 and thereafter, one hundred per cent.

22887

(5) Division (C)(5) of this section applies to any school	22888
district, joint vocational school district, or local taxing unit	22889
in a county in which is located a facility currently or formerly	22890
devoted to the enrichment or commercialization of uranium or	22891
uranium products, and for which the total taxable value of	22892
property listed on the general tax list of personal property for	22893
any tax year from tax year 2001 to tax year 2004 was fifty per	22894
cent or less of the taxable value of such property listed on the	22895
general tax list of personal property for the next preceding tax	22896
year.	22897

In computing the fixed-rate levy losses under divisions	22898
(D)(1), (2), and (3) of this section for any school district,	22899
joint vocational school district, or local taxing unit to which	22900
division (C)(5) of this section applies, the taxable value of such	22901
property as listed on the general tax list of personal property	22902
for tax year 2000 shall be substituted for the taxable value of	22903
such property as reported by taxpayers for tax year 2004, in the	22904
taxing district containing the uranium facility, if the taxable	22905
value listed for tax year 2000 is greater than the taxable value	22906
reported by taxpayers for tax year 2004. For the purpose of making	22907
the computations under divisions (D)(1), (2), and (3) of this	22908
section, the tax year 2000 valuation is to be allocated to	22909
machinery and equipment, inventory, and furniture and fixtures	22910
property in the same proportions as the tax year 2004 values. For	22911
the purpose of the calculations in division (A) of section 5751.21	22912
of the Revised Code, the tax year 2004 taxable values shall be	22913
used.	22914

To facilitate the calculations required under division (C) of	22915
this section, the county auditor, upon request from the tax	22916
commissioner, shall provide by August 1, 2005, the values of	22917
machinery and equipment, inventory, and furniture and fixtures for	22918
all single-county personal property taxpayers for tax year 2004.	22919

(D) Not later than September 15, 2005, the tax commissioner	22920
shall determine for each tax year from 2006 through 2009 for each	22921
school district, joint vocational school district, and local	22922
taxing unit its machinery and equipment, inventory, and furniture	22923
and fixtures fixed-rate levy losses, and for each tax year from	22924
2006 through 2011 its telephone property fixed-rate levy loss,	22925
which are the applicable amounts described in divisions (D)(1),	22926
(2), (3), and (4) of this section:	22927

(1) The machinery and equipment fixed-rate levy loss is the	22928
machinery and equipment property tax value loss multiplied by the	22929
sum of the tax rates of fixed-rate qualifying levies.	22930

(2) The inventory fixed-rate loss is the inventory property	22931
tax value loss multiplied by the sum of the tax rates of	22932
fixed-rate qualifying levies.	22933

(3) The furniture and fixtures fixed-rate levy loss is the	22934
furniture and fixture property tax value loss multiplied by the	22935
sum of the tax rates of fixed-rate qualifying levies.	22936

(4) The telephone property fixed-rate levy loss is the	22937
telephone property tax value loss multiplied by the sum of the tax	22938
rates of fixed-rate qualifying levies.	22939

(E) Not later than September 15, 2005, the tax commissioner	22940
shall determine for each school district, joint vocational school	22941
district, and local taxing unit its fixed-sum levy loss. The	22942
fixed-sum levy loss is the amount obtained by subtracting the	22943
amount described in division (E)(2) of this section from the	22944
amount described in division (E)(1) of this section:	22945

(1) The sum of the machinery and equipment property tax value	22946
loss, the inventory property tax value loss, and the furniture and	22947
fixtures property tax value loss, and, for 2008 through 2017 the	22948
telephone property tax value loss of the district or unit	22949
multiplied by the sum of the fixed-sum tax rates of qualifying	22950
levies. For 2006 through 2010, this computation shall include all	22951
qualifying levies remaining in effect for the current tax year and	22952
any school district ~~emergency~~ levies imposed under section	22953
5705.194 or 5705.213 of the Revised Code that are qualifying	22954
levies not remaining in effect for the current year. For 2011	22955
through 2017 in the case of school district ~~emergency~~ levies	22956
imposed under section 5705.194 or 5705.213 of the Revised Code and	22957
for all years after 2010 in the case of other fixed-sum levies,	22958
this computation shall include only qualifying levies remaining	22959
in effect for the current year. For purposes of this computation,	22960
a qualifying school district ~~emergency~~ levy imposed under section	22961
5705.194 or 5705.213 of the Revised Code remains in effect in a	22962
year after 2010 only if, for that year, the board of education	22963
levies a school district ~~emergency~~ levy imposed under section	22964
5705.194 or 5705.213 of the Revised Code for an annual sum at	22965
least equal to the annual sum levied by the board in tax year	22966
2004 less the amount of the payment certified under this division	22967
for 2006.	22968

(2) The total taxable value in tax year 2004 less the sum of	22969
the machinery and equipment, inventory, furniture and fixtures,	22970
and telephone property tax value losses in each school district,	22971
joint vocational school district, and local taxing unit multiplied	22972
by one-half of one mill per dollar.	22973

(3) For the calculations in divisions (E)(1) and (2) of this	22974
section, the tax value losses are those that would be calculated	22975
for tax year 2009 under divisions (C)(1), (2), and (3) of this	22976
section and for tax year 2011 under division (C)(4) of this	22977
section.	22978

(4) To facilitate the calculation under divisions (D) and (E)	22979
of this section, not later than September 1, 2005, any school	22980
district, joint vocational school district, or local taxing unit	22981
that has a qualifying levy that was approved at an election	22982
conducted during 2005 before September 1, 2005, shall certify to	22983
the tax commissioner a copy of the county auditor's certificate of	22984
estimated property tax millage for such levy as required under	22985
division (B) of section 5705.03 of the Revised Code, which is the	22986
rate that shall be used in the calculations under such divisions.	22987

If the amount determined under division (E) of this section	22988
for any school district, joint vocational school district, or	22989
local taxing unit is greater than zero, that amount shall equal	22990
the reimbursement to be paid pursuant to division ~~(D)~~(E) of	22991
section 5751.21 or division (A)(3) of section 5751.22 of the	22992
Revised Code, and the one-half of one mill that is subtracted	22993
under division (E)(2) of this section shall be apportioned among	22994
all contributing fixed-sum levies in the proportion that each	22995
levy bears to the sum of all fixed-sum levies within each school	22996
district, joint vocational school district, or local taxing unit.	22997

(F) Not later than October 1, 2005, the tax commissioner	22998
shall certify to the department of education for every school	22999
district and joint vocational school district the machinery and	23000
equipment, inventory, furniture and fixtures, and telephone	23001
property tax value losses determined under division (C) of this	23002
section, the machinery and equipment, inventory, furniture and	23003
fixtures, and telephone fixed-rate levy losses determined under	23004
division (D) of this section, and the fixed-sum levy losses	23005
calculated under division (E) of this section. The calculations	23006
under divisions (D) and (E) of this section shall separately	23007
display the levy loss for each levy eligible for reimbursement.	23008

(G) Not later than October 1, 2005, the tax commissioner	23009
shall certify the amount of the fixed-sum levy losses to the	23010
county auditor of each county in which a school district, joint	23011
vocational school district, or local taxing unit with a fixed-sum	23012
levy loss reimbursement has territory.	23013

Sec. 5751.21. (A) Not later than the ~~fifteenth~~thirtieth	23014
day of July of 2007 through 2017, the department of education	23015
shall consult with the director of budget and management and	23016
determine the following for each school district and each joint	23017
vocational school district eligible for payment under division	23018
(B) of this section:	23019

(1) The state education aid offset, which is the difference	23020
obtained by subtracting the amount described in division (A)(1)(b)	23021
of this section from the amount described in division (A)(1)(a) of	23022
this section:	23023

(a) The state education aid computed for the school district	23024
or joint vocational school district for the current fiscal year as	23025
of the ~~fifteenth~~thirtieth day of July;	23026

(b) The state education aid that would be computed for the	23027
school district or joint vocational school district for the	23028
current fiscal year as of the ~~fifteenth~~thirtieth day of July if	23029
the recognized valuation included the machinery and equipment,	23030
inventory, furniture and fixtures, and telephone property tax	23031
value losses for the school district or joint vocational school	23032
district for the second preceding tax year, and if taxes charged	23033
and payable associated with the tax value losses are accounted for	23034
in any state education aid computation dependent on taxes charged	23035
and payable.	23036

(2) The greater of zero or the difference obtained by	23037
subtracting the state education aid offset determined under	23038
division (A)(1) of this section from the sum of the machinery and	23039
equipment fixed-rate levy loss, the inventory fixed-rate levy	23040
loss, furniture and fixtures fixed-rate levy loss, and telephone	23041
property fixed-rate levy loss certified under division (F) of	23042
section 5751.20 of the Revised Code for all taxing districts in	23043
each school district and joint vocational school district for the	23044
second preceding tax year.	23045

By the ~~twentieth~~thirtieth day of July of each such year,	23046
the department of education and the director of budget and	23047
management shall agree upon the amount to be determined under	23048
division (A)(1) of this section.	23049

(B)(1) On or before the thirtieth day of June of each fiscal	23050
year beginning in 2008, the department of education shall	23051
recalculate the offset described under division (A) of this	23052
section, and adjust payments made under division (C) of this	23053
section accordingly so that the total annualized reimbursement for	23054
that fiscal year is based on the recalculated offset.	23055

(2) On or before the thirty-first day of December of each	23056
year beginning in 2008, the department, in consultation with the	23057
director of budget and management, shall recalculate the offset	23058
described under division (A) of this section to determine the	23059
annualized reimbursement that should have been made for the prior	23060
fiscal year under division (C) of this section. The department	23061
shall adjust future payments under division (C) of this section to	23062
account for any underpayments or overpayments in the prior fiscal	23063
year.	23064

(C) The department of education shall pay from the school	23065
district tangible property tax replacement fund to each school	23066
district and joint vocational school district all of the following	23067
for fixed-rate levy losses certified under division (F) of section	23068
5751.20 of the Revised Code:	23069

(1) On or before May 31, 2006, one-seventh of the total	23070
fixed-rate levy loss for tax year 2006;	23071

(2) On or before August 31, 2006, and October 31, 2006,	23072
one-half of six-sevenths of the total fixed-rate levy loss for tax	23073
year 2006;	23074

(3) On or before May 31, 2007, one-seventh of the total	23075
fixed-rate levy loss for tax year 2007;	23076

(4) On or before August 31, 2007, and October 31, 2007,	23077
forty-three per cent of the amount determined under division	23078
(A)(2) of this section for fiscal year 2008, but not less than	23079
zero, plus one-half of six-sevenths of the difference between the	23080
total fixed-rate levy loss for tax year 2007 and the total	23081
fixed-rate levy loss for tax year 2006.	23082

(5) On or before ~~May 31~~June 30, 2008, fourteen per cent of	23083
the amount determined under division (A)(2) of this section for	23084
fiscal year 2008, but not less than zero, plus one-seventh of the	23085
difference between the total fixed-rate levy loss for tax year	23086
2008 and the total fixed-rate levy loss for tax year 2006.	23087

(6) On or before August 31, 2008, and October 31, 2008,	23088
forty-three per cent of the amount determined under division	23089
(A)(2) of this section for fiscal year 2009, but not less than	23090
zero, plus one-half of six-sevenths of the difference between the	23091
total fixed-rate levy loss in tax year 2008 and the total	23092
fixed-rate levy loss in tax year 2007.	23093

(7) On or before ~~May 31~~June 30, 2009, fourteen per cent of	23094
the amount determined under division (A)(2) of this section for	23095
fiscal year 2009, but not less than zero, plus one-seventh of the	23096
difference between the total fixed-rate levy loss for tax year	23097
2009 and the total fixed-rate levy loss for tax year 2007.	23098

(8) On or before August 31, 2009, and October 31, 2009,	23099
forty-three per cent of the amount determined under division	23100
(A)(2) of this section for fiscal year 2010, but not less than	23101
zero, plus one-half of six-sevenths of the difference between the	23102
total fixed-rate levy loss in tax year 2009 and the total	23103
fixed-rate levy loss in tax year 2008.	23104

(9) On or before ~~May 31~~June 30, 2010, fourteen per cent of	23105
the amount determined under division (A)(2) of this section for	23106
fiscal year 2010, but not less than zero, plus one-seventh of the	23107
difference between the total fixed-rate levy loss in tax year 2010	23108
and the total fixed-rate levy loss in tax year 2008.	23109

(10) On or before August 31, 2010, and October 31, 2010,	23110
forty-three per cent of the amount determined under division	23111
(A)(2) of this section for fiscal year 2011, but not less than	23112
zero, plus one-half of six-sevenths of the difference between the	23113
telephone property fixed-rate levy loss for tax year 2010 and the	23114
telephone property fixed-rate levy loss for tax year 2009.	23115

(11) On or before ~~May 31~~June 30, 2011, fourteen per cent of	23116
the amount determined under division (A)(2) of this section for	23117
fiscal year 2011, but not less than zero, plus one-seventh of the	23118
difference between the telephone property fixed-rate levy loss for	23119
tax year 2011 and the telephone property fixed-rate levy loss for	23120
tax year 2009.	23121

(12) On or before August 31, 2011, and October 31, 2011, the	23122
amount determined under division (A)(2) of this section	23123
multiplied by a fraction, the numerator of which is fourteen and	23124
the denominator of which is seventeen, but not less than zero,	23125
multiplied by forty-three per cent, plus one-half of six-sevenths	23126
of the difference between the telephone property fixed-rate levy	23127
loss for tax year 2011 and the telephone property fixed-rate levy	23128
loss for tax year 2010.	23129

(13) On or before ~~May 31~~June 30, 2012, fourteen per cent of	23130
the amount determined under division (A)(2) of this section for	23131
fiscal year 2012, multiplied by a fraction, the numerator of	23132
which is fourteen and the denominator of which is seventeen, plus	23133
one-seventh of the difference between the telephone property	23134
fixed-rate levy loss for tax year 2011 and the telephone property	23135
fixed-rate levy loss for tax year 2010.	23136

(14) On or before August 31, 2012, October 31, 2012, and ~~May~~	23137
31June 30, 2013, the amount determined under division (A)(2) of	23138
this section multiplied by a fraction, the numerator of which is	23139
eleven and the denominator of which is seventeen, but not less	23140
than zero, multiplied by one-third.	23141

(15) On or before August 31, 2013, October 31, 2013, and ~~May~~	23142
31June 30, 2014, the amount determined under division (A)(2) of	23143
this section multiplied by a fraction, the numerator of which is	23144
nine and the denominator of which is seventeen, but not less than	23145
zero, multiplied by one-third.	23146

(16) On or before August 31, 2014, October 31, 2014, and ~~May~~	23147
31June 30, 2015, the amount determined under division (A)(2) of	23148
this section multiplied by a fraction, the numerator of which is	23149
seven and the denominator of which is seventeen, but not less	23150
than zero, multiplied by one-third.	23151

(17) On or before August 31, 2015, October 31, 2015, and ~~May~~	23152
31June 30, 2016, the amount determined under division (A)(2) of	23153
this section multiplied by a fraction, the numerator of which is	23154
five and the denominator of which is seventeen, but not less than	23155
zero, multiplied by one-third.	23156

(18) On or before August 31, 2016, October 31, 2016, and ~~May~~	23157
31June 30, 2017, the amount determined under division (A)(2) of	23158
this section multiplied by a fraction, the numerator of which is	23159
three and the denominator of which is seventeen, but not less	23160
than zero, multiplied by one-third.	23161

(19) On or before August 31, 2017, October 31, 2017, and ~~May~~	23162
31June 30, 2018, the amount determined under division (A)(2) of	23163
this section multiplied by a fraction, the numerator of which is	23164
one and the denominator of which is seventeen, but not less than	23165
zero, multiplied by one-third.	23166

The department of education shall report to each school	23167
district and joint vocational school district the apportionment of	23168
the payments among the school district's or joint vocational	23169
school district's funds based on the certifications under division	23170
(F) of section 5751.20 of the Revised Code.	23171

Any qualifying levy that is a fixed-rate levy that is not	23172
applicable to a tax year after 2010 does not qualify for any	23173
reimbursement after the tax year to which it is last applicable.	23174

~~(C)~~(D) For taxes levied within the ten-mill limitation for	23175
debt purposes in tax year 2005, payments shall be made equal to	23176
one hundred per cent of the loss computed as if the tax were a	23177
fixed-rate levy, but those payments shall extend from fiscal year	23178
2006 through fiscal year 2018, as long as the qualifying levy	23179
continues to be used for debt purposes. If the purpose of such a	23180
qualifying levy is changed, that levy becomes subject to the	23181
payments determined in division ~~(B)~~(C) of this section.	23182

~~(D)~~(E)(1) Not later than January 1, 2006, for each fixed-sum	23183
levy of each school district or joint vocational school district	23184
and for each year for which a determination is made under division	23185
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	23186
loss is to be reimbursed, the tax commissioner shall certify to	23187
the department of education the fixed-sum levy loss determined	23188
under that division. The certification shall cover a time period	23189
sufficient to include all fixed-sum levies for which the	23190
commissioner made such a determination. The department shall pay	23191
from the school district property tax replacement fund to the	23192
school district or joint vocational school district one-third of	23193
the fixed-sum levy loss so certified for each year on or before	23194
the last day of ~~May~~June, August, and October of the current year.	23195

(2) Beginning in 2006, by the first day of January of each	23196
year, the tax commissioner shall review the certification	23197
originally made under division ~~(D)~~(E)(1) of this section. If the	23198
commissioner determines that a debt levy that had been scheduled	23199
to be reimbursed in the current year has expired, a revised	23200
certification for that and all subsequent years shall be made to	23201
the department of education.	23202

~~(E)~~(F) Beginning in September 2007 and through June 2018, the	23203
director of budget and management shall transfer from the school	23204
district tangible property tax replacement fund to the general	23205
revenue fund each of the following:	23206

(1) On the first day of September, one-fourth of the amount	23207
determined for that fiscal year under division (A)(1) of this	23208
section;	23209

(2) On the first day of December, one-fourth of the amount	23210
determined for that fiscal year under division (A)(1) of this	23211
section;	23212

(3) On the first day of March, one-fourth of the amount	23213
determined for that fiscal year under division (A)(1) of this	23214
section;	23215

(4) On the first day of June, one-fourth of the amount	23216
determined for that fiscal year under division (A)(1) of this	23217
section.	23218

If, when a transfer is required under division ~~(E)~~(F)(1),	23219
(2), (3), or (4) of this section, there is not sufficient money	23220
in the school district tangible property tax replacement fund to	23221
make the transfer in the required amount, the director shall	23222
transfer the balance in the fund to the general revenue fund and	23223
may make additional transfers on later dates as determined by the	23224
director in a total amount that does not exceed one-fourth of the	23225
amount determined for the fiscal year.	23226

~~(F)~~(G) For each of the fiscal years 2006 through 2018, if the	23227
total amount in the school district tangible property tax	23228
replacement fund is insufficient to make all payments under	23229
divisions ~~(B)~~(C), ~~(C)~~(D), and ~~(D)~~(E) of this section at the times	23230
the payments are to be made, the director of budget and	23231
management shall transfer from the general revenue fund to the	23232
school district tangible property tax replacement fund the	23233
difference between the total amount to be paid and the amount in	23234
the school district tangible property tax replacement fund. For	23235
each fiscal year after 2018, at the time payments under division	23236
~~(D)~~(E) of this section are to be made, the director of budget and	23237
management shall transfer from the general revenue fund to the	23238
school district property tax replacement fund the amount	23239
necessary to make such payments.	23240

~~(G)~~(H)(1) On the fifteenth day of June of 2006 through 2011,	23241
the director of budget and management may transfer any balance in	23242
the school district tangible property tax replacement fund to the	23243
general revenue fund. At the end of fiscal years 2012 through	23244
2018, any balance in the school district tangible property tax	23245
replacement fund shall remain in the fund to be used in future	23246
fiscal years for school purposes.	23247

(2) In each fiscal year beginning with fiscal year 2019, all	23248
amounts credited to the school district tangible personal property	23249
tax replacement fund shall be appropriated for school purposes.	23250

~~(H)~~(I) If all of the territory of a school district or joint	23251
vocational school district is merged with another district, or if	23252
a part of the territory of a school district or joint vocational	23253
school district is transferred to an existing or newly created	23254
district, the department of education, in consultation with the	23255
tax commissioner, shall adjust the payments made under this	23256
section as follows:	23257

(1) For a merger of two or more districts, the machinery and	23258
equipment, inventory, furniture and fixtures, and telephone	23259
property fixed-rate levy losses and the fixed-sum levy losses of	23260
the successor district shall be equal to the sum of the machinery	23261
and equipment, inventory, furniture and fixtures, and telephone	23262
property fixed-rate levy losses and debt levy losses as determined	23263
in section 5751.20 of the Revised Code, for each of the districts	23264
involved in the merger.	23265

(2) If property is transferred from one district to a	23266
previously existing district, the amount of machinery and	23267
equipment, inventory, furniture and fixtures, and telephone	23268
property tax value losses and fixed-rate levy losses that shall be	23269
transferred to the recipient district shall be an amount equal to	23270
the total machinery and equipment, inventory, furniture and	23271
fixtures, and telephone property fixed-rate levy losses times a	23272
fraction, the numerator of which is the value of business tangible	23273
personal property on the land being transferred in the most recent	23274
year for which data are available, and the denominator of which is	23275
the total value of business tangible personal property in the	23276
district from which the land is being transferred in the most	23277
recent year for which data are available. For each of the first	23278
five years after the property is transferred, but not after fiscal	23279
year 2012, if the tax rate in the recipient district is less than	23280
the tax rate of the district from which the land was transferred,	23281
one-half of the payments arising from the amount of fixed-rate	23282
levy losses so transferred to the recipient district shall be paid	23283
to the recipient district and one-half of the payments arising	23284
from the fixed-rate levy losses so transferred shall be paid to	23285
the district from which the land was transferred. Fixed-rate levy	23286
losses so transferred shall be computed on the basis of the sum of	23287
the rates of fixed-rate qualifying levies of the district from	23288
which the land was transferred, notwithstanding division ~~(D)~~(E) of	23289
this section.	23290

(3) After December 31, 2004, if property is transferred from	23291
one or more districts to a district that is newly created out of	23292
the transferred property, the newly created district shall be	23293
deemed not to have any machinery and equipment, inventory,	23294
furniture and fixtures, or telephone property fixed-rate levy	23295
losses and the districts from which the property was transferred	23296
shall have no reduction in their machinery and equipment,	23297
inventory, furniture and fixtures, and telephone property	23298
fixed-rate levy losses.	23299

(4) If the recipient district under division ~~(H)~~(I)(2) of	23300
this section or the newly created district under divisions	23301
~~(H)~~(I)(3) of this section is assuming debt from one or more of	23302
the districts from which the property was transferred and any of	23303
the districts losing the property had fixed-sum levy losses, the	23304
department of education, in consultation with the tax	23305
commissioner, shall make an equitable division of the fixed-sum	23306
levy loss reimbursements.	23307

Sec. 6117.01. (A) As used in this chapter:

23308

(1) "Sanitary facilities" means sanitary sewers, force mains,	23309
lift or pumping stations, and facilities for the treatment,	23310
disposal, impoundment, or storage of wastes; equipment and	23311
furnishings; and all required appurtenances and necessary real	23312
estate and interests in real estate.	23313

(2) "Drainage" or "waters" means flows from rainfall or	23314
otherwise produced by, or resulting from, the elements, storm	23315
water discharges and releases or migrations of waters from	23316
properties, accumulations, flows, and overflows of water,	23317
including accelerated flows and runoffs, flooding and threats of	23318
flooding of properties and structures, and other surface and	23319
subsurface drainage.	23320

(3) "Drainage facilities" means storm sewers, force mains,	23321
pumping stations, and facilities for the treatment, disposal,	23322
impoundment, retention, control, or storage of waters;	23323
improvements of or for any channel, ditch, drain, floodway, or	23324
watercourse, including location, construction, reconstruction,	23325
reconditioning, widening, deepening, cleaning, removal of	23326
obstructions, straightening, boxing, culverting, tiling, filling,	23327
walling, arching, or change in course, location, or terminus;	23328
improvements of or for a river, creek, or run, including	23329
reinforcement of banks, enclosing, deepening, widening,	23330
straightening, removal of obstructions, or change in course,	23331
location, or terminus; facilities for the protection of lands from	23332
the overflow of water, including a levee, wall, embankment, jetty,	23333
dike, dam, sluice, revetment, reservoir, retention or holding	23334
basin, control gate, or breakwater; facilities for controlled	23335
drainage, regulation of stream flow, and protection of an outlet;	23336
the vacation of a ditch or drain; equipment and furnishings; and	23337
all required appurtenances and necessary real estate and interests	23338
in real estate.	23339

(4) "County sanitary engineer" means either of the following:

23340

(a) The registered professional engineer employed or	23341
appointed by the board of county commissioners to be the county	23342
sanitary engineer as provided in this section ~~6117.01 of the~~	23343
~~Revised Code~~;	23344

(b) The county engineer, if, for as long as and to the extent	23345
that engineer by agreement entered into under section 315.14 of	23346
the Revised Code is retained to discharge duties of a county	23347
sanitary engineer under this chapter.	23348

(5) "Current operating expenses," "debt charges," "permanent	23349
improvement," "public obligations," and "subdivision" have the	23350
same meanings as in section 133.01 of the Revised Code.	23351

(6) "Construct," "construction," or "constructing" means	23352
construction, reconstruction, enlargement, extension, improvement,	23353
renovation, repair, and replacement of sanitary or drainage	23354
facilities or of prevention or replacement facilities, but does	23355
not include any repairs, replacements, or similar actions that do	23356
not constitute and qualify as permanent improvements.	23357

(7) "Maintain," "maintaining," or "maintenance" means	23358
repairs, replacements, and similar actions that constitute and are	23359
payable as current operating expenses and that are required to	23360
restore sanitary or drainage facilities or prevention or	23361
replacement facilities to, or to continue sanitary or drainage	23362
facilities or prevention or replacement facilities in, good order	23363
and working condition, but does not include construction of	23364
permanent improvements.	23365

(8) "Public agency" means a state and any agency or	23366
subdivision of a state, including a county, a municipal	23367
corporation, or other subdivision.	23368

(9) "Combined sewer" means a sewer system that is designed to	23369
collect and convey sewage, including domestic, commercial, and	23370
industrial wastewater, and storm water through a single-pipe	23371
system to a treatment works or combined sewer overflow outfall	23372
approved by the director of environmental protection.	23373

(10) "Prevention or replacement facilities" means vegetated	23374
swales or median strips, permeable pavement, trees and tree boxes,	23375
rain barrels and cisterns, rain gardens and filtration planters,	23376
vegetated roofs, wetlands, riparian buffers, and practices and	23377
structures that use or mimic natural processes to filter or reuse	23378
storm water.	23379

(B)(1) For the purpose of preserving and promoting the public	23380
health and welfare, a board of county commissioners may lay out,	23381
establish, consolidate, or otherwise modify the boundaries of, and	23382
maintain, one or more sewer districts within the county and	23383
outside municipal corporations and may have a registered	23384
professional engineer make the surveys necessary for the	23385
determination of the proper boundaries of each district, which	23386
shall be designated by an appropriate name or number. The board	23387
may acquire, construct, maintain, and operate within any district	23388
sanitary or drainage facilities that it determines to be necessary	23389
or appropriate for the collection of sewage and other wastes	23390
originating in or entering the district, to comply with the	23391
provisions of a contract entered into for the purposes described	23392
in sections 6117.41 to 6117.44 of the Revised Code and pursuant to	23393
those sections or other applicable provisions of law, or for the	23394
collection, control, or abatement of waters originating or	23395
accumulating in, or flowing in, into, or through, the district,	23396
and other sanitary or drainage facilities, within or outside of	23397
the district, that it determines to be necessary or appropriate to	23398
conduct the wastes and waters to a proper outlet and to provide	23399
for their proper treatment, disposal, and disposition. The board	23400
may provide for the protection of the sanitary and drainage	23401
facilities and may negotiate and enter into a contract with any	23402
public agency or person for the management, maintenance,	23403
operation, and repair of any of the facilities on behalf of the	23404
county upon the terms and conditions that may be agreed upon with	23405
the agency or person and that may be determined by the board to be	23406
in the best interests of the county. By contract with any public	23407
agency or person operating sanitary or drainage facilities within	23408
or outside of the county, the board may provide a proper outlet	23409
for any of the wastes and waters and for their proper treatment,	23410
disposal, and disposition.	23411

(2) For purposes of preventing storm water from entering a	23412
combined sewer and causing an overflow or an inflow to a sanitary	23413
sewer, the board may acquire, design, construct, operate, repair,	23414
maintain, and provide for a project or program that separates	23415
storm water from a combined sewer or for a prevention or	23416
replacement facility that prevents or minimizes storm water from	23417
entering a combined sewer or a sanitary sewer.	23418

(C) The board of county commissioners may employ a registered	23419
professional engineer to be the county sanitary engineer for the	23420
time and on the terms it considers best and may authorize the	23421
county sanitary engineer to employ necessary assistants upon the	23422
terms fixed by the board. Prior to the initial assignment of	23423
drainage facilities duties to the county sanitary engineer, if the	23424
county sanitary engineer is not the county engineer, the board	23425
first shall offer to enter into an agreement with the county	23426
engineer pursuant to section 315.14 of the Revised Code for	23427
assistance in the performance of those duties of the board	23428
pertaining to drainage facilities, and the county engineer shall	23429
accept or reject the offer within thirty days after the date the	23430
offer is made.	23431

The board may create and maintain a sanitary engineering	23432
department, which shall be under its supervision and which shall	23433
be headed by the county sanitary engineer, for the purpose of	23434
aiding it in the performance of its duties under this chapter and	23435
Chapter 6103. of the Revised Code or its other duties regarding	23436
sanitation, drainage, and water supply provided by law. The board	23437
shall provide suitable facilities for the use of the department	23438
and shall provide for and pay the compensation of the county	23439
sanitary engineer and all authorized necessary expenses of the	23440
county sanitary engineer and the sanitary engineering department.	23441
The county sanitary engineer, with the approval of the board, may	23442
appoint necessary assistants and clerks, and the compensation of	23443
those assistants and clerks shall be provided for and paid by the	23444
board.	23445

(D) The board of county commissioners may adopt, publish,	23446
administer, and enforce rules for the construction, maintenance,	23447
protection, and use of county-owned or county-operated sanitary	23448
and drainage facilities and prevention or replacement facilities	23449
outside municipal corporations, and of sanitary and drainage	23450
facilities and prevention or replacement facilities within	23451
municipal corporations that are owned or operated by the county	23452
or that discharge into sanitary or drainage facilities or	23453
prevention or replacement facilities owned or operated by the	23454
county, including, but not limited to, rules for the establishment	23455
and use of any connections, the termination in accordance with	23456
reasonable procedures of sanitary service for the nonpayment of	23457
county sanitary rates and charges and, if so determined, the	23458
concurrent termination of any county water service for the	23459
nonpayment of those rates and charges, the termination in	23460
accordance with reasonable procedures of drainage service for the	23461
nonpayment of county drainage rates and charges, and the	23462
establishment and use of security deposits to the extent	23463
considered necessary to ensure the payment of county sanitary or	23464
drainage rates and charges. The rules shall not be inconsistent	23465
with the laws of this state or any applicable rules of the	23466
director of environmental protection.	23467

(E) No sanitary or drainage facilities or prevention or	23468
replacement facilities shall be constructed in any county outside	23469
municipal corporations by any person until the plans and	23470
specifications have been approved by the board of county	23471
commissioners, and any construction shall be done under the	23472
supervision of the county sanitary engineer. Not less than thirty	23473
days before the date drainage plans are submitted to the board for	23474
its approval, the plans shall be submitted to the county engineer.	23475
If the county engineer is of the opinion after review that the	23476
facilities will have a significant adverse effect on roads,	23477
culverts, bridges, or existing maintenance within the county, the	23478
county engineer may submit a written opinion to the board not	23479
later than thirty days after the date the plans are submitted to	23480
the county engineer. The board may take action relative to the	23481
drainage plans only after the earliest of receiving the written	23482
opinion of the county engineer, receiving a written waiver of	23483
submission of an opinion from the county engineer, or passage of	23484
thirty days from the date the plans are submitted to the county	23485
engineer. Any person constructing the facilities shall pay to the	23486
county all expenses incurred by the board in connection with the	23487
construction	23488

(F) The county sanitary engineer or the county sanitary	23489
engineer's authorized assistants or agents, when properly	23490
identified in writing or otherwise and after written notice is	23491
delivered to the owner at least five days in advance or is mailed	23492
at least five days in advance by first class or certified mail to	23493
the owner's tax mailing address, may enter upon any public or	23494
private property for the purpose of making, and may make, surveys	23495
or inspections necessary for the laying out of sewer districts or	23496
the design or evaluation of county sanitary or drainage facilities	23497
or prevention or replacement facilities. This entry is not a	23498
trespass and is not to be considered an entry in connection with	23499
any appropriation of property proceedings under sections 163.01 to	23500
163.22 of the Revised Code that may be pending. No person or	23501
public agency shall forbid the county sanitary engineer or the	23502
county sanitary engineer's authorized assistants or agents to	23503
enter, or interfere with their entry, upon the property for that	23504
purpose or forbid or interfere with their making of surveys or	23505
inspections. If actual damage is done to property by the making of	23506
the surveys and inspections, the board shall pay the reasonable	23507
value of the damage to the property owner, and the cost shall be	23508
included in the cost of the facilities and may be included in any	23509
special assessments to be levied and collected to pay that cost.	23510

Sec. 6117.011. A board of county commissioners in the manner	23511
provided in this section may make surveys of water supply,	23512
sanitary facilities, or drainage facilities, or prevention or	23513
replacement facilities for any sewer district, the acquisition or	23514
construction of which is contemplated.	23515

Any board desiring to make a survey shall adopt a resolution	23516
declaring its purpose and necessity. In making the surveys, the	23517
board may call upon engineering officers or employees regularly	23518
employed by the board or may authorize and enter into contracts	23519
for the services of registered professional engineers to make the	23520
surveys.	23521

The surveys authorized by this section may include drawings,	23522
plans, specifications, estimates of cost of labor and materials,	23523
other items of cost, assessment rolls, and other facts, material,	23524
data, reports, and information and recommendations that the board	23525
considers advisable or necessary for the purpose.	23526

Contracts entered into for the surveys shall be considered	23527
contracts for professional services and may provide for	23528
preliminary surveys or the making of detailed plans, or both, and	23529
also may provide for engineering supervision of the work. No	23530
contract shall be valid unless one or more of the services to be	23531
performed are by its terms to be commenced within one year after	23532
the contract date.	23533

The contracts shall be signed by at least two members of the	23534
board and by the engineer agreeing to perform the service, and one	23535
signed copy of the contract shall be filed with the fiscal officer	23536
of the county, whose certificate, otherwise required by section	23537
5705.41 of the Revised Code, need not be provided. Payment for the	23538
contracts may be made from the general fund or any other fund	23539
legally available for that use at the times that are agreed upon	23540
or as determined by the board. The proceeds of any public	23541
obligations issued pursuant to section 6119.36 of the Revised Code	23542
or any other public obligations issued or incurred to pay the cost	23543
of facilities to which a survey relates may be used to pay any	23544
part of the cost under the contracts or to reimburse the fund from	23545
which payment was made.	23546

Sec. 6117.012. (A) A board of county commissioners may adopt	23547
rules requiring owners of property within the district whose	23548
property is served by a connection to sewers maintained and	23549
operated by the board or to sewers that are connected to	23550
interceptor sewers maintained and operated by the board to do any	23551
of the following:	23552

(1) Disconnect ~~stormwater~~storm water inflows to sanitary	23553
sewers maintained and operated by the board and not operated as a	23554
combined sewer, or to connections with those sewers;	23555

(2) Disconnect ~~non-stormwater~~non-storm water inflows to	23556
~~stormwater~~storm water sewers maintained and operated by the board	23557
and not operated as a combined sewer, or to connections with those	23558
storm water sewers;	23559

(3) Reconnect or relocate any such disconnected inflows in	23560
compliance with board rules and applicable building codes, health	23561
codes, or other relevant codes;	23562

(4) Prevent sewer back-ups into properties that have	23563
experienced one or more ~~overflows~~back-ups of sanitary or combined	23564
sewers maintained and operated by the board;	23565

(5) Prevent storm water from entering a combined sewer and	23566
causing an overflow or an inflow to a sanitary sewer, which	23567
prevention may include projects or programs that separate the	23568
storm water from a combined sewer or that utilize a prevention	23569
or replacement facility to prevent or minimize storm water from	23570
entering a combined sewer or a sanitary sewer.	23571

(B) Any inflow required to be disconnected or any sewer	23572
back-up required to be prevented under a rule adopted pursuant to	23573
~~division~~divisions (A)(1) to (4) of this section constitutes a	23574
nuisance subject to injunctive relief and abatement pursuant to	23575
Chapter 3767. of the Revised Code or as otherwise permitted by	23576
law.	23577

(C) A board of county commissioners may use sewer district	23578
funds; county general fund moneys; the proceeds of bonds issued	23579
under Chapter 133. or 165. of the Revised Code; and, to the extent	23580
permitted by their terms, loans, grants, or other moneys from	23581
appropriate state or federal funds, for either of the following:	23582

(1) The cost of disconnections, reconnections, relocations,	23583
combined sewer overflow prevention, or sewer back-up prevention	23584
required by rules adopted pursuant to division (A) of this	23585
section, performed by the county or under contract with the	23586
county;	23587

(2) Payments to the property owner or a contractor hired by	23588
the property owner pursuant to a competitive process established	23589
by district rules, for the cost of disconnections, reconnections,	23590
relocations, combined sewer overflow prevention, or sewer back-up	23591
prevention required by rules adopted pursuant to division (A) of	23592
this section after the board, pursuant to its rules, has approved	23593
the work to be performed and after the county has received from	23594
the property owner a statement releasing the county from all	23595
liability in connection with the disconnections, reconnections,	23596
relocations, combined sewer overflow prevention, or sewer back-up	23597
prevention.	23598

(D) Except as provided in division (E) of this section, the	23599
board of county commissioners shall require in its rules regarding	23600
disconnections, reconnections, or relocations of sewers, combined	23601
sewer overflow prevention, or sewer back-up prevention the	23602
reimbursement of moneys expended pursuant to division (C) of this	23603
section by either of the following methods:	23604

(1) A charge to the property owner in the amount of the	23605
payment made pursuant to division (C) of this section for	23606
immediate payment or payment in installments with interest as	23607
determined by the board not to exceed ten per cent, which payments	23608
may be billed as a separate item with the rents charged to that	23609
owner for use of the sewers. The board may approve installment	23610
payments for a period of not more than fifteen years. If charges	23611
are to be paid in installments, the board shall certify to the	23612
county auditor information sufficient to identify each subject	23613
parcel of property, the total of the charges to be paid in	23614
installments, and the total number of installments to be paid. The	23615
auditor shall record the information in the sewer improvement	23616
record until these charges are paid in full. Charges not paid when	23617
due shall be certified to the county auditor, who shall place the	23618
charges upon the real property tax list and duplicate against that	23619
property. Those charges shall be a lien on the property from the	23620
date they are placed on the tax list and duplicate and shall be	23621
collected in the same manner as other taxes.	23622

(2) A special assessment levied against the property, payable	23623
in the number of years the board determines, not to exceed fifteen	23624
years, with interest as determined by the board not to exceed ten	23625
per cent. The board shall certify the assessments to the county	23626
auditor, stating the amount and time of payment. The auditor shall	23627
record the information in the county sewer improvement record,	23628
showing separately the assessments to be collected, and shall	23629
place the assessments upon the real property tax list and	23630
duplicate for collection. The assessments shall be a lien on the	23631
property from the date they are placed on the tax list and	23632
duplicate and shall be collected in the same manner as other	23633
taxes.	23634

(E) The county may adopt a resolution specifying a maximum	23635
amount of the cost of any disconnection, reconnection,	23636
relocation, combined sewer overflow prevention, or sewer back-up	23637
prevention required pursuant to division (A) of this section that	23638
may be paid by the county for each affected parcel of property	23639
without requiring reimbursement. That amount may be allowed only	23640
if there is a building code, health code, or other relevant code,	23641
or a federally imposed or state-imposed consent decree that is	23642
filed or otherwise recorded in a court of competent jurisdiction,	23643
applicable to the affected parcel that prohibits in the future any	23644
inflows, combined sewer overflows, or sewer back-ups not allowed	23645
under rules adopted pursuant to division (A)(1) or, (4), or (5) of	23646
this section. The board, by rule, shall establish criteria for	23647
determining how much of the maximum amount for each qualifying	23648
parcel need not be reimbursed.	23649

(F) Disconnections, reconnections, relocations, combined	23650
sewer overflow prevention, or sewer back-up prevention required	23651
under this section and performed by a contractor under contract	23652
with the property owner shall not be considered a public	23653
improvement, and those performed by the county shall be considered	23654
a public improvement as defined in section 4115.03 of the Revised	23655
Code.	23656

Disconnections, reconnections, relocations, combined sewer	23657
overflow prevention, or sewer back-up prevention required under	23658
this section performed by a contractor under contract with the	23659
property owner shall not be subject to competitive bidding or	23660
public bond laws.	23661

(G) Property owners shall be responsible for maintaining any	23662
improvements made or facilities constructed on private property to	23663
reconnect or relocate disconnected inflows, for combined sewer	23664
overflow prevention, or for sewer back-up prevention pursuant to	23665
this section unless a public easement or other agreement exists	23666
for the county to maintain that improvement or facility.	23667

(H) A board of county commissioners may provide rate	23668
reductions of and credits against charges for the use of sewers to	23669
a property owner that implements a project or program that	23670
prevents storm water from entering a combined sewer and causing an	23671
overflow. Such a project or program may include the use of a	23672
prevention or replacement facility to handle storm water that has	23673
been separated from a combined sewer. The revised rates or charges	23674
shall be collected and paid to the county treasurer in accordance	23675
with section 6117.02 of the Revised Code.	23676

Sec. 6117.04. The authority of a board of county	23677
commissioners to acquire, construct, maintain, and operate	23678
sanitary or drainage facilities or prevention or replacement	23679
facilities for a county sewer district in the territory of a	23680
municipal corporation, or a regional district established under	23681
Chapter 6119. of the Revised Code, that is in whole or in part	23682
within the county sewer district is the same as provided by law	23683
with respect to territory within a county sewer district that is	23684
wholly outside a municipal corporation or a regional district,	23685
subject to the following in the case of facilities within a	23686
municipal corporation:	23687

(A) The acquisition, construction, maintenance, and operation	23688
of the facilities shall first be authorized by an ordinance or	23689
resolution of the legislative authority of the municipal	23690
corporation.	23691

(B) All road surfaces, curbs, sidewalks, sewers, water supply	23692
facilities, or other public improvements or property that may be	23693
disturbed or damaged by the construction of the facilities shall	23694
be replaced or restored within a reasonable time by the county,	23695
and the cost shall be treated as a part of the cost of the	23696
facilities.	23697

(C) The municipal corporation, with the prior approval of or	23698
by agreement with the board, may make use of the facilities in	23699
accordance with rules established by the board and subject to any	23700
applicable requirements of the director of environmental	23701
protection.	23702

Sec. 6117.05. (A) Whenever any portion of a sewer district	23703
is incorporated as, or annexed to, a municipal corporation, the	23704
area so incorporated or annexed shall remain under the	23705
jurisdiction of the board of county commissioners for purposes of	23706
the acquisition and construction of sanitary and drainage facility	23707
and prevention or replacement facility improvements until all of	23708
those improvements for the area for which a resolution described	23709
in division (A) or (E) of section 6117.06 of the Revised Code has	23710
been adopted by the board have been acquired or completed or until	23711
the board has abandoned the improvements. The board, unless and	23712
until a conveyance is made to a municipal corporation in	23713
accordance with division (B) of this section, shall continue to	23714
have jurisdiction in the area so incorporated or annexed with	23715
respect to the management, maintenance, and operation of all	23716
sanitary and drainage facilities and prevention or replacement	23717
facilities so acquired or completed, or previously acquired or	23718
completed, including the right to establish rules and rates and	23719
charges for the use of, and connections to, the facilities. The	23720
incorporation or annexation of any part of a district shall not	23721
affect the legality or enforceability of any public obligations	23722
issued or incurred by the county for purposes of this chapter to	23723
provide for the payment of the cost of acquisition, construction,	23724
maintenance, or operation of any sanitary or drainage facilities	23725
or prevention or replacement facilities within the area, or the	23726
validity of any assessments levied or to be levied upon	23727
properties within the area to provide for the payment of the cost	23728
of acquisition, construction, maintenance, or operation of the	23729
facilities.	23730

(B) Any completed sanitary or drainage facilities or	23731
prevention or replacement facilities acquired or constructed by a	23732
county under this chapter for the use of any county sewer	23733
district, or any part of those facilities, that are located within	23734
a municipal corporation or within any area that is incorporated	23735
as, or annexed to, a municipal corporation, or any part of the	23736
facilities that serve a municipal corporation or such an area, may	23737
be conveyed, by mutual agreement between the board and the	23738
municipal corporation, to the municipal corporation on terms and	23739
for consideration as may be negotiated. Upon and after the	23740
conveyance, the municipal corporation shall manage, maintain, and	23741
operate the facilities in accordance with the agreement. The board	23742
may retain the right to joint use of all or part of any facilities	23743
so conveyed for the benefit of the district. Neither the validity	23744
of any assessment levied or to be levied, nor the legality or	23745
enforceability of any public obligations issued or incurred, to	23746
provide for the payment of the cost of the acquisition,	23747
construction, maintenance, or operation of the facilities or any	23748
part of them, shall be affected by the conveyance.	23749

Sec. 6117.06. (A) After the establishment of any sewer	23750
district, the board of county commissioners, if a sanitary or	23751
drainage facility or prevention or replacement facility	23752
improvement is to be undertaken, may have the county sanitary	23753
engineer prepare, or otherwise cause to be prepared, for the	23754
district, or revise as needed, a general plan of sewerage or	23755
drainage that is as complete in each case as can be developed at	23756
the time and that is devised with regard to any existing sanitary	23757
or drainage facilities or prevention or replacement facilities in	23758
the district and present as well as prospective needs for	23759
additional sanitary or drainage facilities or prevention or	23760
replacement facilities in the district. After the general plan, in	23761
original or revised form, has been approved by the board, it may	23762
adopt a resolution generally describing the improvement that is	23763
necessary to be acquired or constructed in accordance with the	23764
particular plan, declaring that the improvement is necessary for	23765
the preservation and promotion of the public health and welfare,	23766
and determining whether or not special assessments are to be	23767
levied and collected to pay any part of the cost of the	23768
improvement.	23769

(B) If special assessments are not to be levied and collected	23770
to pay any part of the cost of the improvement, the board, in the	23771
resolution provided for in division (A) of this section or in a	23772
subsequent resolution, including a resolution authorizing the	23773
issuance or incurrence of public obligations for the improvement,	23774
may authorize the improvement and the expenditure of the funds	23775
required for its acquisition or construction and may proceed with	23776
the improvement without regard to the procedures otherwise	23777
required by divisions (C), (D), and (E) of this section and by	23778
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	23779
are required only for improvements for which special assessments	23780
are to be levied and collected.	23781

(C) If special assessments are to be levied and collected	23782
pursuant to a determination made in the resolution provided for in	23783
division (A) of this section or in a subsequent resolution, the	23784
procedures referred to in division (B) of this section as being	23785
required for that purpose shall apply, and the board may have the	23786
county sanitary engineer prepare, or otherwise cause to be	23787
prepared, detailed plans, specifications, and an estimate of cost	23788
for the improvement, together with a tentative assessment of the	23789
cost based on the estimate. The tentative assessment shall be for	23790
the information of property owners and shall not be levied or	23791
certified to the county auditor for collection. The detailed	23792
plans, specifications, estimate of cost, and tentative assessment,	23793
if approved by the board, shall be carefully preserved in the	23794
office of the board or the county sanitary engineer and shall be	23795
open to the inspection of all persons interested in the	23796
improvement.	23797

(D) After the board's approval of the detailed plans,	23798
specifications, estimate of cost, and tentative assessment, and at	23799
least twenty-four days before adopting a resolution pursuant to	23800
division (E) of this section, the board, except to the extent that	23801
appropriate waivers of notice are obtained from affected owners,	23802
shall cause to be sent a notice of its intent to adopt the	23803
resolution to each owner of property proposed to be assessed that	23804
is listed on the records of the county auditor for current	23805
agricultural use value taxation pursuant to section 5713.31 of the	23806
Revised Code and that is not located in an agricultural district	23807
established under section 929.02 of the Revised Code. The notice	23808
shall satisfy all of the following:	23809

(1) Be sent by first class or certified mail;

23810

(2) Specify the proposed date of the adoption of the	23811
resolution;	23812

(3) Contain a statement that the improvement will be financed	23813
in whole or in part by special assessments and that all properties	23814
not located in an agricultural district established pursuant to	23815
section 929.02 of the Revised Code may be subject to a special	23816
assessment;	23817

(4) Contain a statement that an agricultural district may be	23818
established by filing an application with the county auditor.	23819

If it appears, by the return of the mailed notices or by	23820
other means, that one or more of the affected owners cannot be	23821
found or are not served by the mailed notice, the board shall	23822
cause the notice to be published once in a newspaper of general	23823
circulation in the county not later than ten days before the	23824
adoption of the resolution.	23825

(E) After complying with divisions (A), (C), and (D) of this	23826
section, the board may adopt a resolution declaring that the	23827
improvement, which shall be described as to its nature and its	23828
location, route, and termini, is necessary for the preservation	23829
and promotion of the public health and welfare, referring to the	23830
plans, specifications, estimate of cost, and tentative assessment,	23831
stating the place where they are on file and may be examined, and	23832
providing that the entire cost or a lesser designated part of the	23833
cost will be specially assessed against the benefited properties	23834
within the district and that any balance will be paid by the	23835
county at large from other available funds. The resolution also	23836
shall contain a description of the boundaries of that part of the	23837
district to be assessed and shall designate a time and place for	23838
objections to the improvement, to the tentative assessment, or to	23839
the boundaries of the assessment district to be heard by the	23840
board. The date of that hearing shall be not less than twenty-four	23841
days after the date of the first publication of the notice of the	23842
hearing required by this division.	23843

The board shall cause a notice of the hearing to be published	23844
once a week for two consecutive weeks in a newspaper of general	23845
circulation in the county, and on or before the date of the second	23846
publication, it shall cause to be sent by first class or	23847
certified mail a copy of the notice to every owner of property to	23848
be assessed for the improvement whose address is known.	23849

The notice shall set forth the time and place of the hearing,	23850
a summary description of the proposed improvement, including its	23851
general route and termini, a summary description of the area	23852
constituting the assessment district, and the place where the	23853
plans, specifications, estimate of cost, and tentative assessment	23854
are on file and may be examined. Each mailed notice also shall	23855
include a statement that the property of the addressee will be	23856
assessed for the improvement. The notice also shall be sent by	23857
first class or certified mail, on or before the date of the second	23858
publication, to the clerk, or to the official discharging the	23859
duties of a clerk, of any municipal corporation any part of which	23860
lies within the assessment district and shall state whether or not	23861
any property belonging to the municipal corporation is to be	23862
assessed and, if so, shall identify that property.	23863

At the hearing, or at any adjournment of the hearing, of	23864
which no further published or mailed notice need be given, the	23865
board shall hear all parties whose properties are proposed to be	23866
assessed. Written objections to or endorsements of the proposed	23867
improvement, its character and termini, the boundaries of the	23868
assessment district, or the tentative assessment shall be received	23869
by the board for a period of five days after the completion of the	23870
hearing, and no action shall be taken by the board in the matter	23871
until after that period has elapsed. The minutes of the hearing	23872
shall be entered on the journal of the board, showing the persons	23873
who appear in person or by attorney, and all written objections	23874
shall be preserved and filed in the office of the board.	23875

Sec. 6117.25. (A) The board of county commissioners may pay	23876
the whole or any part of the cost of constructing, maintaining,	23877
repairing, or operating any improvement provided for in this	23878
chapter, including the payment of a county sanitary engineer and	23879
~~his~~the sanitary engineer's assistants and other necessary	23880
expenses. Insofar as such expenses relate to the construction of a	23881
permanent improvement, they may be considered as part of the cost	23882
of such improvement and bonds may be issued therefor. ~~Bonds~~	23883

(B) Bonds and notes in anticipation thereof, including bonds	23884
issued in anticipation of the collection of assessments deferred	23885
pursuant to sections 6117.061 and 6117.33 of the Revised Code, may	23886
be issued by the board pursuant to Chapter 133. of the Revised	23887
Code, to finance any such improvement;, provided that where a	23888
separate issue of bonds is issued in anticipation of the	23889
collection of deferred assessments, the first principal maturity	23890
of such bonds may be not later than five years from the date of	23891
such bonds. Bonds issued in anticipation of the collection of	23892
assessments deferred pursuant to sections 6117.061 and 6117.33 of	23893
the Revised Code and notes issued in anticipation of such bonds	23894
shall be considered for all purposes under this chapter and	23895
Chapter 133. of the Revised Code as being bonds or notes issued in	23896
anticipation of the levy or collection of special assessments.	23897

(C) Bonds may be issued by the board under Chapter 165. of	23898
the Revised Code to finance such improvements payable solely from	23899
revenues generated by the improvements.	23900

Sec. 6117.251. (A) After the establishment of any county	23901
sewer district, the board of county commissioners may determine by	23902
resolution that it is necessary to provide sanitary or drainage	23903
facility improvements or prevention or replacement facility	23904
improvements and to maintain and operate the improvements within	23905
the district or a designated portion of the district, that the	23906
improvements, which shall be generally described in the	23907
resolution, shall be constructed, that funds are required to pay	23908
the preliminary costs of the improvements to be incurred prior to	23909
the commencement of the proceedings for their construction, and	23910
that those funds shall be provided in accordance with this	23911
section.	23912

(B) Prior to the adoption of the resolution, the board shall	23913
give notice of its pendency and of the proposed determination of	23914
the necessity of the improvements generally described in the	23915
resolution. The notice shall set forth a description of the	23916
properties to be benefited by the improvements and the time and	23917
place of a hearing of objections to and endorsements of the	23918
improvements. The notice shall be given either by publication in a	23919
newspaper of general circulation in the county once a week for two	23920
consecutive weeks, or by mailing a copy of the notice by first	23921
class or certified mail to the owners of the properties proposed	23922
to be assessed at their respective tax mailing addresses, or by	23923
both manners, the first publication to be made or the mailing to	23924
occur at least two weeks prior to the date set for the hearing. At	23925
the hearing, or at any adjournment of the hearing, of which no	23926
further published or mailed notice need be given, the board shall	23927
hear all persons whose properties are proposed to be assessed and	23928
the evidence it considers to be necessary. The board then shall	23929
determine the necessity of the proposed improvements and whether	23930
the improvements shall be made by the board and, if they are to be	23931
made, shall direct the preparation of tentative assessments upon	23932
the benefited properties and by whom they shall be prepared.	23933

(C) In order to obtain funds for the preparation of a general	23934
or revised general plan of sewerage or drainage for the district	23935
or part of the district, for the preparation of the detailed	23936
plans, specifications, estimate of cost, and tentative assessment	23937
for the proposed improvements, and for the cost of financing and	23938
legal services incident to the preparation of all of those plans	23939
and a plan of financing the proposed improvements, the board may	23940
levy upon the properties to be benefited in the district a	23941
preliminary assessment apportioned according to benefits or to tax	23942
valuation or partly by one method and partly by the other method	23943
as the board may determine. The assessments shall be in the	23944
amount determined to be necessary to obtain funds for the general	23945
and detailed plans and the cost of financing and legal services	23946
and shall be payable in the number of years that the board shall	23947
determine, not to exceed twenty years, together with interest on	23948
any public obligations that may be issued or incurred in	23949
anticipation of the collection of the assessments.	23950

(D) The board shall have power at any time to levy additional	23951
assessments according to benefits or to tax valuation or partly by	23952
one method and partly by the other method as the board may	23953
determine for the purposes described in division (C) of this	23954
section upon the benefited properties to complete the payment of	23955
the costs described in division (C) of this section or to pay the	23956
cost of any additional plans, specifications, estimate of cost, or	23957
tentative assessment and the cost of financing and legal services	23958
incident to the preparation of those plans and the plan of	23959
financing, which additional assessments shall be payable in the	23960
number of years that the board shall determine, not to exceed	23961
twenty years, together with interest on any public obligations	23962
that may be issued or incurred in anticipation of the collection	23963
of the additional assessments.	23964

(E) Prior to the adoption of a resolution levying assessments	23965
under this section, the board shall give notice either by one	23966
publication in a newspaper of general circulation in the county,	23967
or by mailing a copy of the notice by first class or certified	23968
mail to the owners of the properties proposed to be assessed at	23969
their respective tax mailing addresses, or by both manners, the	23970
publication to be made or the mailing to occur at least ten days	23971
prior to the date of the meeting at which the resolution shall be	23972
taken up for consideration; that notice shall state the time and	23973
place of the meeting at which the resolution is to be considered.	23974
At the time and place of the meeting, or at any adjournment of	23975
the meeting, of which no further published or mailed notice need	23976
be given, the board shall hear all persons whose properties are	23977
proposed to be assessed, shall correct any errors and make any	23978
revisions that appear to be necessary or just, and then may adopt	23979
a resolution levying upon the properties determined to be	23980
benefited the assessments as so corrected and revised.	23981

The assessments levied by the resolution shall be certified	23982
to the county auditor for collection in the same manner as taxes	23983
in the year or years in which they are payable.	23984

(F) Upon the adoption of the resolution described in division	23985
(E) of this section, no further action shall be taken or work done	23986
until ten days have elapsed. If, at the expiration of that period,	23987
no appeal has been effected by any property owner as provided in	23988
this division, the action of the board shall be final. If, at the	23989
end of that ten days, any owner of property to be assessed for the	23990
improvements has effected an appeal, no further action shall be	23991
taken and no work done in connection with the improvements under	23992
the resolution until the matters appealed from have been disposed	23993
of in court.	23994

Any owner of property to be assessed may appeal as provided	23995
and upon the grounds stated in sections 6117.09 to 6117.24 of the	23996
Revised Code.	23997

If no appeal has been perfected or if on appeal the	23998
resolution of the board is sustained, the board may authorize and	23999
enter into contracts to carry out the purposes for which the	24000
assessments have been levied without the prior issuance of notes,	24001
provided that the payments under those contracts do not fall due	24002
prior to the time by which the assessments are to be collected.	24003
The board may issue and sell bonds with a maximum maturity of	24004
twenty years in anticipation of the collection of the assessments	24005
and may issue notes in anticipation of the issuance of the bonds,	24006
which notes and bonds, as public obligations, shall be issued and	24007
sold as provided in Chapter 133. of the Revised Code.	24008

Sec. 6117.28. Whenever the owners of all the lots and lands	24009
to be assessed for any sanitary or drainage facility improvement	24010
or any prevention or replacement facility improvement provided for	24011
in this chapter, by petition in writing, request the board of	24012
county commissioners to provide for the acquisition or	24013
construction, maintenance, and operation of the improvement,	24014
describing the improvement and the lots and lands owned by them	24015
respectively to be assessed to pay the cost of acquisition or	24016
construction, maintenance, and operation of the improvement and	24017
consenting that their lots and lands may be assessed to pay the	24018
cost of the acquisition or construction of the improvement and of	24019
its maintenance and operation as provided in this chapter, and	24020
waive all legal notices otherwise required, the board may have	24021
the county sanitary engineer prepare, or otherwise cause to be	24022
prepared, the necessary plans, specifications, and estimate of	24023
cost of the acquisition or construction, maintenance, and	24024
operation of the improvement and a tentative assessment. When the	24025
owners state, in writing, that they have examined the estimate of	24026
cost and tentative assessment, that they have no objections to	24027
them, and that, in case bonds are proposed to be issued prior to	24028
the acquisition or construction of the improvement, they waive	24029
their right or option to pay the assessments in cash, the board	24030
may proceed as provided in this chapter to cause the improvement	24031
to be acquired or constructed and to cause provision to be made	24032
for the payment of the cost of its acquisition or construction,	24033
maintenance, and operation, except that none of the notices	24034
otherwise required by law need be given and no opportunity need be	24035
provided for the filing of objections to the improvement, its	24036
character and termini, the boundaries of the assessment district,	24037
or the tentative assessment or, if bonds are issued prior to the	24038
acquisition or construction of the improvement, for paying the	24039
assessments in cash. The board may proceed to issue or incur	24040
public obligations in the required amount, complete the	24041
acquisition or construction of the improvement, and levy and	24042
collect the assessments authorized by this chapter. No person or	24043
public agency shall have the right to appeal from any decision or	24044
action of the board in the matter except refusal by the board to	24045
proceed with the improvement.	24046

The tentative assessment provided for in this section shall	24047
be for the information of property owners and shall not be levied	24048
or certified to the county auditor for collection. On completion	24049
of the improvement, its cost shall be determined, and the county	24050
sanitary engineer shall prepare, or otherwise cause to be	24051
prepared, a revised assessment based on the actual cost and in	24052
substantially the same proportion as the tentative assessment. The	24053
board shall confirm and levy the revised assessment and certify it	24054
to the county auditor for collection.	24055

Sec. 6117.30. The cost of the acquisition or construction of	24056
sanitary or drainage facilities or prevention or replacement	24057
facilities to be paid by assessments shall be assessed, as an	24058
assessment district assessment, upon all the property within the	24059
county sewer district found to be benefited in accordance with the	24060
special benefits conferred, less any part of the cost that is	24061
paid by the county at large from other available funds. State land	24062
so benefited shall bear its portion of the assessed cost.	24063

Sec. 6117.34. Whenever the legislative authority or board of	24064
health, or the officers performing the duties of the legislative	24065
authority or board of health, of a municipal corporation, the	24066
board of health of a general health district, or a board of	24067
township trustees makes complaint, in writing, to the	24068
environmental protection agency that unsanitary conditions exist	24069
in any county, the agency's director forthwith shall inquire into	24070
and investigate the conditions complained of. If, upon	24071
investigation of the complaint, the director finds that it is	24072
necessary for the public health and welfare that sanitary or	24073
drainage facilities or prevention or replacement facilities be	24074
acquired or constructed, maintained, and operated to serve any	24075
territory outside municipal corporations in any county, the	24076
director shall notify the board of county commissioners of the	24077
county of that finding and order that corrective action be taken.	24078
The board shall obey the order and proceed as provided in this	24079
chapter to establish a county sewer district, if required, to	24080
provide the necessary funds, to acquire or construct the	24081
facilities, and to maintain and operate the facilities, as	24082
required by the order and in a manner that is satisfactory to the	24083
director. Any part or all of the cost of the facilities or of the	24084
maintenance and operation of the facilities may be assessed upon	24085
the benefited properties as provided in this chapter.	24086

Sec. 6117.38. (A) At any time after the formation of any	24087
county sewer district, the board of county commissioners, when it	24088
considers it appropriate, on application by a person or public	24089
agency for the provision of sewerage or drainage to properties of	24090
the person or public agency located outside of the district, may	24091
contract with the person or public agency for depositing sewage or	24092
drainage from those properties in facilities acquired or	24093
constructed or to be acquired or constructed by the county to	24094
serve the district and for the treatment, disposal, and	24095
disposition of the sewage or drainage, on terms that the board	24096
considers equitable. The amount to be paid by the person or public	24097
agency to reimburse the county for costs of acquiring or	24098
constructing those facilities shall not be less than the original	24099
or comparable assessment for similar property within the district	24100
or, in the absence of an original or comparable assessment, an	24101
amount that is found by the board to be reasonable and fairly	24102
reflective of that portion of the cost of those facilities	24103
attributable to the properties to be served. The board shall	24104
appropriate any moneys received for that service to and for the	24105
use and benefit of the district. The board may collect the amount	24106
to be paid by the person or public agency in full, in cash or in	24107
installments as a part of a connection charge to be collected in	24108
accordance with division (B) or (D) of section 6117.02 of the	24109
Revised Code, or if the properties to be served are located within	24110
the county, the same amount may be assessed against those	24111
properties, and, in that event, the manner of making the	24112
assessment, together with the notice of it, shall be as provided	24113
in this chapter.	24114

(B) Whenever sanitary or drainage facilities or prevention or	24115
replacement facilities have been acquired or constructed by, and	24116
at the expense of, a person or public agency and the board	24117
considers it appropriate to acquire the facilities or any part of	24118
them for the purpose of providing sewerage or drainage service to	24119
territory within a sewer district, the county sanitary engineer,	24120
at the direction of the board, shall examine the facilities. If	24121
the county sanitary engineer finds the facilities properly	24122
designed and constructed, the county sanitary engineer shall	24123
certify that fact to the board. The board may determine to	24124
purchase the facilities or any part of them at a cost that, after	24125
consultation with the county sanitary engineer, it finds to be	24126
reasonable.	24127

Subject to and in accordance with this division and division	24128
(B) or divisions (C), (D), and (E) of section 6117.06 of the	24129
Revised Code, the board may purchase the facilities or any part of	24130
them by negotiation. For the purpose of paying the cost of their	24131
acquisition, the board may issue or incur public obligations and	24132
assess the entire cost, or a lesser designated part of the cost,	24133
of their acquisition against the benefited properties in the	24134
manner provided in this chapter for the construction of original	24135
or comparable facilities.	24136

Sec. 6117.41. At any time after the formation of any county	24137
sewer district, the board of county commissioners may enter into a	24138
contract, upon the terms and for the period of time that are	24139
mutually agreed upon, with any other public agency to prepare all	24140
necessary plans and estimates of cost and to acquire or construct	24141
any sanitary or drainage facilities or any prevention or	24142
replacement facilities that are to be used jointly by the	24143
contracting parties, and to provide for the maintenance,	24144
operation, and joint use by the contracting parties of those	24145
facilities or the maintenance, operation, and joint use of any	24146
suitable existing sanitary or drainage facilities or prevention or	24147
replacement facilities belonging to either of the contracting	24148
parties.	24149

Sec. 6117.42. All contracts under section 6117.41 of the	24150
Revised Code shall provide for the payment of compensation to the	24151
county or other public agency owning, acquiring, or constructing,	24152
or agreeing to acquire or construct, the sanitary or drainage	24153
facilities or prevention or replacement facilities to be jointly	24154
used in an amount agreed upon as the other party's share of the	24155
cost of acquiring or constructing the facilities. The contract	24156
also shall provide for payment of compensation to the county or	24157
other public agency owning, acquiring, or constructing the	24158
facilities and operating and maintaining them in an amount agreed	24159
upon as the other party's share of the cost of operating and	24160
maintaining them or, in lieu of all other or differing payments,	24161
and agreed price per unit of flow. A county or other public agency	24162
owning, acquiring, or constructing, or agreeing to acquire or	24163
construct, any of the facilities and agreeing to their use by	24164
another public agency shall retain full control and management of	24165
the acquisition, construction, maintenance, and operation of the	24166
facilities, unless otherwise provided in the contract and except,	24167
in the case of a county, when conveyed to a municipal corporation	24168
as provided in division (B) of section 6117.05 of the Revised	24169
Code.	24170

Sec. 6117.43. A county or other public agency contracting	24171
as provided in sections 6117.41 and 6117.42 of the Revised Code	24172
for the joint use of any sanitary or drainage facilities or any	24173
prevention or replacement facilities acquired or constructed, or	24174
to be acquired or constructed, by another public agency may	24175
provide for payment of the agreed compensation by the levy of	24176
taxes or special assessments or from sanitary sewer or drainage	24177
rates and charges, if and to the extent that the public agency is	24178
authorized by the laws governing it in the acquisition,	24179
construction, maintenance, or operation of the facilities to	24180
provide for payment of the costs in respect of which the	24181
compensation is due from those sources, and may issue or incur	24182
public obligations as provided by those laws and pay the debt	24183
charges on those obligations from those sources if and to the	24184
extent so authorized.	24185

Sec. 6117.44. A county or other public agency receiving the	24186
compensation provided for in section 6117.42 of the Revised Code	24187
shall credit the amount so received to the proper fund to be used	24188
for the acquisition, construction, or operation and maintenance,	24189
as the case may be, of the sanitary or drainage facilities or the	24190
prevention or replacement facilities or for other authorized	24191
purposes.	24192

Sec. 6117.45. No person or public agency shall tamper with	24193
or damage any sanitary or drainage facility or any prevention or	24194
replacement facility acquired or constructed by a county under	24195
this chapter or any apparatus or accessory connected with it or	24196
pertaining to it, or make any connection into or with the	24197
facility, without the permission of the board of county	24198
commissioners or in a manner or for a use other than as prescribed	24199
by the board. No person or public agency shall refuse to permit	24200
the inspection by the county sanitary engineer of any such	24201
connection. No person or public agency shall violate any other	24202
provision of this chapter.	24203

All fines collected under section 6117.99 of the Revised Code	24204
shall be paid to the county treasurer and credited to the fund	24205
that the board determines to be most appropriate after	24206
consideration of the nature and extent of the particular	24207
violations.	24208

Sec. 6117.49. (A) If the board of county commissioners	24209
determines by resolution that the best interests of the county and	24210
those served by the sanitary or drainage facilities or the	24211
prevention or replacement facilities of a county sewer district so	24212
require, the board may sell or otherwise dispose of the facilities	24213
to another public agency or a person. The resolution declaring the	24214
necessity of that disposition shall recite the reasons for the	24215
sale or other disposition and shall establish any conditions or	24216
terms that the board may impose, including, but not limited to, a	24217
minimum sales price if a sale is proposed, a requirement for the	24218
submission by bidders of the schedule of rates and charges	24219
initially proposed to be paid for the services of the facilities,	24220
and other pertinent conditions or terms relating to the sale or	24221
other disposition. The resolution also shall designate a time and	24222
place for the hearing of objections to the sale or other	24223
disposition by the board. Notice of the adoption of the resolution	24224
and the time and place of the hearing shall be published once a	24225
week for two consecutive weeks in a newspaper of general	24226
circulation in the sewer district and in the county. The public	24227
hearing on the sale or other disposition shall be held not less	24228
than twenty-four days following the date of first publication of	24229
the notice. A copy of the notice also shall be sent by first class	24230
or certified mail, on or before the date of the second	24231
publication, to any public agency within the area served by the	24232
facilities. At the public hearing, or at any adjournment of it,	24233
of which no further published or mailed notice need be given, the	24234
board shall hear all interested parties. A period of five days	24235
shall be given following the completion of the hearing for the	24236
filing of written objections by any interested persons or public	24237
agencies to the sale or other disposition, after which the board	24238
shall consider any objections and by resolution determine whether	24239
or not to proceed with the sale or other disposition. If the board	24240
determines to proceed with the sale or other disposition, it shall	24241
receive bids after advertising once a week for four consecutive	24242
weeks in a newspaper of general circulation in the county and,	24243
subject to the right of the board to reject any or all bids, may	24244
make an award to a responsible bidder whose proposal is determined	24245
by the board to be in the best interests of the county and those	24246
served by the facilities.	24247

(B) A conveyance of sanitary or drainage facilities or of	24248
prevention or replacement facilities by a county to a municipal	24249
corporation in accordance with division (B) of section 6117.05 of	24250
the Revised Code may be made without regard to division (A) of	24251
this section.	24252

Sec. 6121.045. With respect to a loan made under this	24253
chapter, the Ohio water development authority shall not charge any	24254
fees or fines in excess of the principal amount of the loan.	24255

Sec. 6123.042. With respect to a loan made under this	24256
chapter, the Ohio water development authority shall not charge any	24257
fees or fines in excess of the principal amount of the loan.	24258

Section 101.02. That existing sections 9.835, 105.41, 109.71,	24259
113.061, 113.40, 117.13, 117.38, 120.08, 122.171, 124.152,	24260
125.021, 125.04, 125.09, 125.18, 125.25, 133.08, 135.61, 135.63,	24261
135.65, 135.66, 145.47, 149.30, 156.02, 165.01, 165.03, 303.12,	24262
303.211, 307.697, 319.301, 321.261, 340.02, 340.021, 351.26,	24263
519.12, 519.211, 715.73, 715.74, 901.42, 1332.04, 1346.03,	24264
1561.011, 1561.16, 1561.17, 1561.23, 1561.25, 1561.26, 1565.15,	24265
2743.49, 2921.13, 2935.01, 2935.03, 2949.092, 3119.023,	24266
3301.0714, 3311.21, 3311.24, 3313.842, 3313.978, 3314.016,	24267
3314.02, 3314.03, 3314.05, 3316.03, 3316.041, 3316.06, 3316.08,	24268
3317.023, 3317.11, 3317.20, 3318.01, 3318.03, 3318.032, 3318.04,	24269
3323.30, 3323.31, 3323.32, 3323.33, 3333.04, 3333.044, 3333.122,	24270
3335.05, 3341.03, 3343.08, 3344.02, 3352.02, 3353.02, 3353.20,	24271
3353.21, 3353.22, 3353.26, 3353.27, 3353.28, 3353.29, 3354.16,	24272
3355.12, 3356.02, 3357.16, 3359.02, 3361.02, 3364.02, 3702.71,	24273
3702.72, 3702.73, 3702.74, 3702.75, 3702.78, 3702.79, 3702.81,	24274
3702.85, 3702.86, 3702.91, 3702.93, 3702.95, 3703.01, 3734.821,	24275
3735.67, 3905.40, 3961.04, 4117.01, 4117.09, 4117.14, 4117.15,	24276
4123.26, 4123.32, 4123.37, 4123.54, 4131.03, 4301.355, 4301.421,	24277
4301.424, 4301.432, 4301.47, 4301.62, 4303.03, 4303.071,	24278
4303.181, 4303.182, 4303.232, 4303.233, 4303.30, 4303.33,	24279
4303.333, 4399.12, 4510.10, 4511.01, 4511.181, 4511.191,	24280
4735.01, 4735.02, 4735.10, 4735.13, 4735.14, 4735.141, 4752.04,	24281
4752.05, 4752.06, 4752.07, 4752.11, 4752.12, 4752.13, 4928.142,	24282
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.572,	24283
5101.80, 5111.032, 5111.091, 5111.31, 5111.941, 5112.31, 5112.37,	24284
5123.0412, 5123.196, 5123.36, 5525.01, 5703.19, 5703.21,	24285
5703.57, 5705.194, 5705.214, 5705.29, 5709.121, 5721.30, 5721.31,	24286
5721.32, 5721.33, 5721.34, 5721.35, 5721.36, 5721.37, 5721.38,	24287
5721.39, 5721.40, 5721.41, 5721.42, 5721.43, 5727.85, 5739.01,	24288
5739.02, 5739.029, 5739.12, 5739.122, 5739.124, 5739.21,	24289
5741.04, 5741.12, 5741.121, 5741.122, 5743.021, 5743.024,	24290
5743.321, 5743.323, 5745.05, 5747.01, 5747.02, 5748.022, 5751.20,	24291
5751.21, 6117.01, 6117.011, 6117.012, 6117.04, 6117.05, 6117.06,	24292
6117.25, 6117.251, 6117.28, 6117.30, 6117.34, 6117.38, 6117.41,	24293
6117.42, 6117.43, 6117.44, 6117.45, and 6117.49 of the Revised	24294
Code are hereby repealed.	24295

Section 105.01. That sections 124.821, 3314.086, 3317.161,	24296
3353.23, 3353.24, 3353.25, 3353.30, 5111.88, 5111.881, 5111.882,	24297
5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888,	24298
5111.889, 5111.8810, 5111.8811, 5111.8812, 5111.8813, 5111.8814,	24299
5111.8815, 5111.8816, 5111.8817, 5112.311, and 5739.213 of the	24300
Revised Code are hereby repealed.	24301

Section 201.10. The items set forth in this section are	24302
hereby appropriated out of any moneys in the state treasury to	24303
the credit of the Nursing Home - Federal Fund (Fund 3190) that	24304
are not otherwise appropriated.	24305

Appropriations

OVH OHIO VETERANS' HOME AGENCY	24306

C43019	G-Life Safety & Security	$	310,700	24307
C43020	G-Critical Power & Grounds	$	510,250	24308
C43021	S-S/G Tub Room & Nurse Call	$	1,856,712	24309
C43022	S-G Renovate Giffin First Floor	$	418,015	24310
C43023	S-S/G Floor Replacement	$	579,270	24311
C43024	S-S. VH HVAC Upgrade	$	1,362,936	24312
C43025	S-Network Infrastructure	$	488,807	24313
C43026	G-HVAC Controls Upgrade	$	357,500	24314
Total Ohio Veterans' Home Agency		$	5,884,190	24315
TOTAL Nursing Home - Federal Fund		$	5,884,190	24316

Section 203.10. The items set forth in this section are	24318
hereby appropriated out of any moneys in the state treasury to the	24319
credit of the Army National Guard Service Contract Fund (Fund	24320
3420) that are not otherwise appropriated.	24321

Appropriations

ADJ ADJUTANT GENERAL	24322

C74519	Energy Conservation - Federal Share	$	107,792	24323
Total Adjutant General		$	107,792	24324
TOTAL Army National Guard Service Contract Fund		$	107,792	24325

Section 205.10. The items set forth in this section are	24327
hereby appropriated out of any moneys in the state treasury to the	24328
credit of the Special Administrative Fund (Fund 4A90) that are	24329
not otherwise appropriated.	24330

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES	24331

C60000	Various Renovations - Local Offices	$	537,869	24332
C60001	145 South Front Renovation	$	6,500,000	24333
Total Department of Job and Family Services		$	7,037,869	24334
TOTAL Special Administrative Fund		$	7,037,869	24335

Section 207.10. The items set forth in this section are	24337
hereby appropriated out of any moneys in the state treasury to the	24338
credit of the State Fire Marshal Fund (Fund 5460) that are not	24339
otherwise appropriated.	24340

Appropriations

COM DEPARTMENT OF COMMERCE	24341

C80002	MARCS Radios	$	50,000	24342
C80010	Security Enhancements	$	200,000	24343
C80011	Gas Line Replacement	$	80,000	24344
C80012	Roof Replacement Main & Training	$	800,000	24345
C80013	ADAMS Data Imaging System	$	35,000	24346
C80014	Mobile Fire Behavior Lab	$	75,000	24347
C80015	Gas Chromatograph/Mass Spec	$	90,000	24348
C80016	Search & Rescue Training Module	$	70,000	24349
C80017	Fiber-optic Installation with AGR	$	200,000	24350
Total Department of Commerce		$	1,600,000	24351
TOTAL State Fire Marshal Fund		$	1,600,000	24352

Section 209.10. The items set forth in this section are	24354
hereby appropriated out of any moneys in the state treasury to the	24355
credit of the Veterans' Home Improvement Fund (Fund 6040) that are	24356
not otherwise appropriated.	24357

Appropriations

OVH OHIO VETERANS' HOME AGENCY	24358

C43027	G-Life Safety & Security	$	167,300	24359
C43028	G-Critical Power & Grounds	$	274,750	24360
C43029	S-S/G Tub Room & Nurse Call	$	999,768	24361
C43030	S-G Renovate Giffin First Floor	$	225,085	24362
C43031	S-S/G Floor Replacement	$	311,915	24363
C43032	S-S. VH HVAC Upgrade	$	733,889	24364
C43033	S-Network Infrastructure	$	263,204	24365
C43034	G-HVAC Controls Upgrade	$	192,500	24366
C43035	S-Replace Wanderguard System	$	261,000	24367
Total Ohio Veterans' Home Agency		$	3,429,411	24368
TOTAL Veterans' Home Improvement Fund		$	3,429,411	24369

Section 211.10. The items set forth in this section are	24371
hereby appropriated out of any moneys in the state treasury to the	24372
credit of the Highway Safety Fund (Fund 7036) that are not	24373
otherwise appropriated.	24374

Appropriations

DPS DEPARTMENT OF PUBLIC SAFETY	24375

C76021	Academy Maintenance and Repair	$	1,696,345	24376
Total Department of Public Safety		$	1,696,345	24377
TOTAL Highway Safety Fund		$	1,696,345	24378

Section 213.10. The items set forth in this section are	24380
hereby appropriated out of any moneys in the state treasury to the	24381
credit of the State Capital Improvements Revolving Loan Fund (Fund	24382
7040). Revenues to the State Capital Improvements Revolving Loan	24383
Fund shall consist of all repayments of loans made to local	24384
subdivisions for capital improvements, investment earnings on	24385
moneys in the fund, and moneys obtained from federal or private	24386
grants or from other sources for the purpose of making loans for	24387
the purpose of financing or assisting in the financing of the cost	24388
of capital improvement projects of local subdivisions.	24389

Appropriations

PWC PUBLIC WORKS COMMISSION	24390

C15030	Revolving Loan	$	39,500,000	24391
Total Public Works Commission		$	39,500,000	24392
TOTAL State Capital Improvements Revolving Loan Fund		$	39,500,000	24393

The foregoing appropriation item C15030, Revolving Loan,	24394
shall be used in accordance with sections 164.01 to 164.12 of the	24395
Revised Code.	24396

If the Public Works Commission receives refunds due to	24397
project overpayments that are discovered during a post-project	24398
audit, the Director of the Public Works Commission may certify to	24399
the Director of Budget and Management that refunds have been	24400
received. In certifying the refunds, the Director of the Public	24401
Works Commission shall provide the Director of Budget and	24402
Management information on the project refunds. The certification	24403
shall detail by project the source and amount of project	24404
overpayments received and include any supporting documentation	24405
required or requested by the Director of Budget and Management.	24406
Upon receipt of the certification, the Director of Budget and	24407
Management shall determine if the project refunds are necessary to	24408
support existing appropriations. If the project refunds are	24409
available to support additional appropriations, these amounts are	24410
hereby appropriated to appropriation item C15030, Revolving Loan.	24411

Section 215.10. The items set forth in this section are	24412
hereby appropriated out of any moneys in the state treasury to the	24413
credit of the Waterways Safety Fund (Fund 7086) that are not	24414
otherwise appropriated.	24415

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	24416

C725A7	Cooperative Grant Funding for Boating Facilities	$	9,300,000	24417
C725N9	Operations Facilities Development - Sandusky Watercraft Office Construction	$	2,350,000	24418
Total Department of Natural Resources		$	11,650,000	24419
TOTAL Waterways Safety Fund		$	11,650,000	24420

Section 217.10. The items set forth in this section are	24422
hereby appropriated out of any moneys in the state treasury to the	24423
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are	24424
not otherwise appropriated:	24425

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	24426

C19500	Clean Ohio Revitalization	$	32,000,000	24427
C19501	Clean Ohio Assistance	$	8,000,000	24428
Total Department of Development		$	40,000,000	24429
TOTAL Clean Ohio Assistance Fund		$	40,000,000	24430

Section 217.11. CLEAN OHIO REVITALIZATION

24432

The Treasurer of State is hereby authorized to issue and	24433
sell, in accordance with Section 2o of Article VIII, Ohio	24434
Constitution, and pursuant to sections 151.01 and 151.40 of the	24435
Revised Code, original obligations in an aggregate principal	24436
amount not to exceed $40,000,000 in addition to the original	24437
issuance of obligations heretofore authorized by prior acts of the	24438
General Assembly. These authorized obligations shall be issued	24439
and sold from time to time, subject to applicable constitutional	24440
and statutory limitations, as needed to ensure sufficient moneys	24441
to the credit of the Clean Ohio Revitalization Fund (Fund 7003) to	24442
pay costs of revitalization projects.	24443

Section 219.10. The items set forth in this section are	24444
hereby appropriated out of any moneys in the state treasury to the	24445
credit of the Job Ready Site Development Fund (Fund 7012) that	24446
are not otherwise appropriated:	24447

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	24448

C19502	Job Ready Sites	$	30,000,000	24449
Total Department of Development		$	30,000,000	24450
TOTAL Job Ready Site Development Fund		$	30,000,000	24451

Section 219.11. JOB READY SITE DEVELOPMENT

24453

The Ohio Public Facilities Commission, upon request of the	24454
Department of Development, is hereby authorized to issue and sell,	24455
in accordance with Section 2p of Article VIII, Ohio Constitution,	24456
and pursuant to sections 151.01 and 151.11 of the Revised Code,	24457
original obligations of the State of Ohio in an aggregate amount	24458
not to exceed $30,000,000 in addition to the original issuance of	24459
obligations heretofore authorized by prior acts of the General	24460
Assembly. These authorized obligations shall be issued and sold	24461
from time to time, subject to applicable constitutional and	24462
statutory limitations, as needed to ensure sufficient moneys to	24463
the credit of the Job Ready Site Development Fund (Fund 7012) to	24464
pay costs of sites and facilities.	24465

Section 221.10. The items set forth in the sections of this	24466
act prefixed with the section number "221" are hereby appropriated	24467
out of any moneys in the state treasury to the credit of the	24468
Administrative Building Fund (Fund 7026) that are not otherwise	24469
appropriated.	24470

Appropriations

Section 221.10.10. ADJ ADJUTANT GENERAL

24471

C74502	Roof Replacement - Various Facilities	$	583,874	24472
C74503	Electrical Systems - Various Facilities	$	348,079	24473
C74504	Camp Perry Facility/Infrastructure Improvements	$	500,000	24474
C74505	Replace Windows and Doors - Various Facilities	$	341,342	24475
C74506	Plumbing Renovations - Various Facilities	$	523,241	24476
C74507	Paving Renovations - Various Facilities	$	527,733	24477
C74508	HVAC Systems - Various Facilities	$	1,387,939	24478
C74510	Masonary Renovations - Various Facilities	$	180,000	24479
C74526	Energy Conservation - Various Facilities	$	107,792	24480
C74528	Camp Perry Improvements	$	1,000,000	24481
C74531	Rickenbacker Radar Project	$	1,000,000	24482
Total Adjutant General		$	6,500,000	24483

Appropriations

Section 221.10.20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

24485

C10010	Surface Road Building Renovations	$	400,000	24486
C10013	Energy Conservation Projects	$	2,100,000	24487
C10015	SOCC Renovations	$	5,000,000	24488
C10020	North High Street Complex Renovations	$	12,500,000	24489
C10030	Broadband Ohio	$	5,000,000	24490
C10031	Operations Facilities Improvements	$	2,800,000	24491
C10032	Columbus Downtown Development - Sky Bridge Project	$	2,500,000	24492
Total Department of Administrative Services		$	30,300,000	24493

Appropriations

Section 221.10.30. AGR DEPARTMENT OF AGRICULTURE

24495

C70007	Building and Grounds Renovation	$	650,000	24496
C70014	Grounds Security and Emergency Power	$	200,000	24497
C70015	Fiber Installation for Infrastructure ODA/SFM	$	200,000	24498
C70016	ODA/SFM Shared Driveway/Entrance	$	50,000	24499
C70017	Raze Building #2	$	265,000	24500
Total Department of Agriculture		$	1,365,000	24501

Appropriations

Section 221.10.40. CSR CAPITOL SQUARE REVIEW AND ADVISORY	24503
BOARD	24504

C87406	Grounds Improvement	$	221,000	24505
C87407	Sound and Lighting Systems	$	145,000	24506
C87408	HVAC Improvement	$	628,381	24507
C87412	Security and Safety Upgrades	$	337,000	24508
C87413	Education Center	$	540,367	24509
C87415	Interior Repairs and Replacements	$	186,000	24510
Total Capitol Square Review and Advisory Board		$	2,057,748	24511

Appropriations

Section 221.10.50. EXP EXPOSITIONS COMMISSION

24513

C72300	Electric Upgrade	$	2,100,000	24514
C72303	Building Renovations and Repairs	$	11,900,000	24515
C72312	Emergency Renovations and Equipment Replacement	$	1,000,000	24516
C72315	North Parking Lot Improvements and Paving	$	5,000,000	24517
Total Expositions Commission		$	20,000,000	24518

Appropriations

Section 221.10.60. LIB STATE LIBRARY BOARD

24520

C35001		OPLIN Router Replacement Project		$	200,000		24521
Total State Library Board				$	200,000		24522

Appropriations

Section 221.10.70. DNR DEPARTMENT OF NATURAL RESOURCES

24524

C725D5	Fountain Square Building and Telephone System Improvements	$	1,000,000	24525
C725D7	MARCS	$	425,000	24526
C725E0	DNR Fairgrounds Area - General Upgrading - Fairgrounds Site Improvements	$	500,000	24527
C725N7	Operations Facilities Development	$	300,000	24528
Total Department of Natural Resources		$	2,225,000	24529

Appropriations

Section 221.10.80. DPS DEPARTMENT OF PUBLIC SAFETY

24531

C76017	Replacement Mission Critical Building System	$	725,250	24532
C76022	American Red Cross Facility - Cincinnati	$	1,000,000	24533
C76023	Red Cross Muskingum Lakes Chapter	$	500,000	24534
C76024	American Red Cross Facility - Tuscarawas	$	250,000	24535
C76025	Family Services of Cincinnati	$	50,000	24536
C76026	Tallmadge Shooting Range	$	500,000	24537
C76027	Southeast Ohio Emergency Responder Facility	$	25,000	24538
Total Department of Public Safety		$	3,050,250	24539

Appropriations

Section 221.10.90. OSB SCHOOL FOR THE BLIND

24541

C22618	Front Entry Renovations	$	112,500	24542
C22619	Public Address System Replacement	$	77,000	24543
C22620	School HVAC Renovation	$	215,000	24544
C22621	Renovations to Cottage C1	$	125,000	24545
C22622	Track Shelter	$	45,000	24546
Total School for the Blind		$	574,500	24547

Appropriations

Section 221.20.10. OSD SCHOOL FOR THE DEAF

24549

C22108	High School Window Replacement	$	123,000	24550
C22109	High School HVAC	$	117,500	24551
C22110	Gymnasium Floor & Lighting	$	237,000	24552
C22111	Staff Building Windows and Repairs	$	97,000	24553
C22112	Alumni Park Preservation	$	62,500	24554
Total School for the Deaf		$	637,000	24555

Appropriations

Section 221.20.20. DOT DEPARTMENT OF TRANSPORTATION

24556

C77701	Chillicothe Transit Facility - District 9	$	500,000	24557
Total Department of Transportation		$	500,000	24558
TOTAL Administrative Building Fund		$	67,409,498	24559

Section 221.20.30. The Ohio Building Authority is hereby	24561
authorized to issue and sell, in accordance with Section 2i of	24562
Article VIII, Ohio Constitution, and Chapter 152. and other	24563
applicable sections of the Revised Code, original obligations in	24564
an aggregate principal amount not to exceed $48,000,000 in	24565
addition to the original issuance of obligations heretofore	24566
authorized by prior acts of the General Assembly. These authorized	24567
obligations shall be issued, subject to applicable constitutional	24568
and statutory limitations, to pay costs associated with previously	24569
authorized capital facilities and the capital facilities referred	24570
to in Sections 221.10.10 to 221.20.10 of this act.	24571

Section 223.10. The items set forth in this section are	24572
hereby appropriated out of any moneys in the state treasury to the	24573
credit of the Adult Correctional Building Fund (Fund 7027) that	24574
are not otherwise appropriated.	24575

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION	24576

STATEWIDE AND CENTRAL OFFICE PROJECTS	24577

C50101	Community Based Correctional Facilities	$	1,600,000	24578
C50103	Asbestos Abatement - SW	$	1,000,000	24579
C50104	Power House/Utility Improvements - SW	$	1,400,000	24580
C50105	Water System/Plant Improvements - SW	$	6,000,000	24581
C50110	Security Improvements - SW	$	10,434,897	24582
C50136	General Building Renovations - SW	$	42,665,103	24583
C50175	Mandown Alert Communication - SW	$	4,800,000	24584
C501B3	Electrical System Upgrade - SW	$	4,100,000	24585
Total Statewide and Central Office Projects		$	72,000,000	24586
TOTAL Department of Rehabilitation and Correction		$	72,000,000	24587
TOTAL Adult Correctional Building Fund		$	72,000,000	24588

Section 223.11. The Ohio Building Authority is hereby	24590
authorized to issue and sell, in accordance with Section 2i of	24591
Article VIII, Ohio Constitution, and Chapter 152. and section	24592
307.021 of the Revised Code, original obligations in an aggregate	24593
principal amount not to exceed $62,000,000 in addition to the	24594
original issuance of obligations heretofore authorized by prior	24595
acts of the General Assembly. These authorized obligations shall	24596
be issued, subject to applicable constitutional and statutory	24597
limitations, to pay costs associated with previously authorized	24598
capital facilities and the capital facilities referred to in	24599
Section 223.10 of this act for the Department of Rehabilitation	24600
and Correction.	24601

Section 225.10. The items set forth in this section are	24602
hereby appropriated out of any moneys in the state treasury to the	24603
credit of the Juvenile Correctional Building Fund (Fund 7028)	24604
that are not otherwise appropriated.	24605

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES	24606

C47001	Fire Suppression, Safety and Security	$	4,036,125	24607
C47002	General Institutional Renovations	$	4,424,725	24608
C47003	CCF Renovations/Maintenance	$	2,000,000	24609
C47007	Juvenile Detention Centers	$	4,980,000	24610
C47016	Shower Renovation - SJCF	$	1,642,000	24611
C47017	Roof Replacement - SJCF	$	1,508,650	24612
C47018	Educational Annex - CHJCF	$	1,408,500	24613
C47019	Lawrence County Youth Facility Relocation	$	500,000	24614
C47020	Lighthouse Youth Services	$	50,000	24615
Total Department of Youth Services		$	20,550,000	24616
TOTAL Juvenile Correctional Building Fund		$	20,550,000	24617

Section 225.11. The Ohio Building Authority is hereby	24619
authorized to issue and sell, in accordance with Section 2i of	24620
Article VIII, Ohio Constitution, and Chapter 152. and other	24621
applicable sections of the Revised Code, original obligations in	24622
an aggregate principal amount not to exceed $19,000,000 in	24623
addition to the original issuance of obligations heretofore	24624
authorized by prior acts of the General Assembly. These authorized	24625
obligations shall be issued, subject to applicable constitutional	24626
and statutory limitations, to pay the costs associated with	24627
previously authorized capital facilities and the capital	24628
facilities referred to in Section 225.10 of this act for the	24629
Department of Youth Services.	24630

Section 227.10. The items set forth in this section are	24631
hereby appropriated out of any moneys in the state treasury to the	24632
credit of the Cultural and Sports Facilities Building Fund (Fund	24633
7030) that are not otherwise appropriated.	24634

Appropriations

AFC CULTURAL FACILITIES COMMISSION	24635

C37118	Statewide Site Repairs	$	650,000	24636
C37120	Cincinnati Museum Center	$	2,500,000	24637
C37122	Akron Art Museum	$	500,000	24638
C37123	Youngstown Symphony Orchestra	$	675,000	24639
C37127	Cedar Bog	$	50,000	24640
C37139	Stan Hywett Hall & Gardens	$	1,250,000	24641
C37140	McKinley Museum Improvements	$	200,000	24642
C37142	Midland Theatre Improvements	$	300,000	24643
C37148	Hayes Presidential Center	$	150,000	24644
C37152	Zoar Village Building Restoration	$	90,000	24645
C37153	Basic Renovations and Emergency Repairs	$	850,000	24646
C37158	Rankin House Restoration and Development	$	242,000	24647
C37163	Harding Home and Tomb	$	340,000	24648
C37165	Ohio Historical Center Rehabilitation	$	514,000	24649
C37187	Renaissance Theatre	$	900,000	24650
C37188	Trumpet in the Land Facility	$	150,000	24651
C371A3	Voice of America Museum Facility	$	500,000	24652
C371A9	Western Reserve Historical Society	$	300,000	24653
C371C7	Music Hall Facility	$	1,100,000	24654
C371E5	Pro Football Hall of Fame	$	500,000	24655
C371F6	Colony Theater	$	250,000	24656
C371G4	Collections Storage Facility and Learning Center	$	1,240,000	24657
C371G6	Lockington Locks Stabilization	$	462,000	24658
C371H2	National Underground Railroad Freedom Center	$	850,000	24659
C371H5	Heritage Center of Dayton Manufacturing & Entrepreneurship	$	1,000,000	24660
C371H7	COSI - Columbus	$	500,000	24661
C371H8	Columbus Museum of Art	$	1,500,000	24662
C371J3	Davis-Shai Historical Facility	$	725,000	24663
C371J4	Massillon Museum Improvements	$	150,000	24664
C371J6	Peggy McConnell Arts Center - Worthington	$	475,000	24665
C371J9	Stambaugh Auditorium	$	675,000	24666
C371K3	Cincinnati Ballet	$	250,000	24667
C371L3	Ukrainian Museum	$	50,000	24668
C371L4	Gordon Square Arts Center	$	1,800,000	24669
C371M8	Hale Farm and Village	$	200,000	24670
C371O9	Historic Site-Signage - Phase II	$	50,000	24671
C371P4	Cleveland Playhouse	$	150,000	24672
C371P9	Civil War Site Improvements	$	475,000	24673
C371Q0	On-Line Portal to Ohio's Heritage	$	427,000	24674
C371Q1	Lucas County Multi-purpose Sports Arena	$	2,200,000	24675
C371Q2	Ballpark Village project	$	2,000,000	24676
C371Q5	Cincinnati Zoo	$	1,500,000	24677
C371Q6	Cincinnati Art Museum	$	1,500,000	24678
C371R0	King Arts Complex	$	861,000	24679
C371R3	Loudonville Opera House	$	600,000	24680
C371R4	Eagles Palace Theater	$	600,000	24681
C371R6	Historic McCook House	$	500,000	24682
C371R7	Jeffrey Mansion in Bexley	$	475,000	24683
C371R8	Columbus Zoo and Aquarium	$	500,000	24684
C371S0	Towpath Trail	$	500,000	24685
C371S1	Museum of Contemporary Art Cleveland	$	450,000	24686
C371S2	Canton Art Institute	$	450,000	24687
C371S3	Ohio Genealogical Society	$	350,000	24688
C371S5	Lake County Fine Arts Association	$	300,000	24689
C371S7	Maltz Museum of Jewish Heritage	$	300,000	24690
C371S8	Allen County Historical Society Museum Renovation	$	280,000	24691
C371S9	Portsmouth Mural	$	250,000	24692
C371T0	Mt. Vernon - Nazarene University Arts Center	$	300,000	24693
C371T2	Bucyrus Little Theater Restoration Project	$	250,000	24694
C371T3	Boonshoft Museum of Discovery	$	250,000	24695
C371T5	Cliffton Cultural Arts Center	$	250,000	24696
C371T6	Baltimore Theatre	$	50,000	24697
C371T7	Rock Mill Park Improvements	$	150,000	24698
C371T9	Cozad-Bates House Historic Project	$	100,000	24699
C371U1	Playhouse Square Center	$	350,000	24700
C371U3	Lake Erie Nature & Science Center	$	150,000	24701
C371U4	Great Lakes Science Center	$	300,000	24702
C371U5	Cleveland Zoological Society	$	150,000	24703
C371U8	Kidron Historical Society - Sonnenberg Village project	$	200,000	24704
C371V0	Chesterhill Union Hall Theatre	$	25,000	24705
C371V1	Geauga County Historical Society - Maple Museum	$	20,000	24706
C371V2	Hallsville Historical Society	$	100,000	24707
C371V3	Fayette County Historical Society	$	150,000	24708
C371V4	Covedale Theatre	$	100,000	24709
C371V5	Mariemont City - Women's Cultural Arts Center	$	220,000	24710
C371V6	Madeira Historical Society/Miller House	$	60,000	24711
C371V7	Sylvania Historic Village restoration	$	200,000	24712
C371V8	City of Perrysburg & Owens Community College Indoor Firing Range	$	200,000	24713
C371V9	Henry County Historical Society museum	$	59,000	24714
C371W0	Antwerp Railroad Depot historic building	$	106,000	24715
C371W1	Village of Edinburg Veterans Memorial	$	35,000	24716
C371W2	Lorain County Historical Society Horace Starr House	$	200,000	24717
C371W3	North Ridgeville Historic Community Theater	$	175,000	24718
C371W4	Redbrick Center for the Arts	$	250,000	24719
C371W5	Irene Lawrence Fuller Historic House	$	250,000	24720
C371W6	Preble County Historical Society Amphitheater	$	250,000	24721
C371W7	BalletTech	$	200,000	24722
C371W8	Cincinnati Museum Center - Eulett Center	$	150,000	24723
C371W9	Rickenbacker Boyhood Home	$	139,000	24724
C371X0	Rivers Edge Amphitheater project	$	100,000	24725
C371X1	Variety Theater	$	85,000	24726
C371X2	Morgan Township Historical Society	$	80,000	24727
C371X3	Salem Community Theater	$	53,000	24728
C371X4	Our House State Memorial	$	50,000	24729
C371X5	Belle's Opera House Improvements	$	50,000	24730
C371X6	Warren Veterans memorial	$	50,000	24731
C371X7	Huntington Playhouse	$	40,000	24732
C371X8	Cambridge Performing Arts Center	$	37,500	24733
C371X9	Old Harvey Historic School Restoration	$	25,000	24734
C371Y0	Dalton Community Historical Society	$	10,000	24735
C371Y1	Mohawk Veterans' Memorial	$	15,000	24736
C371Y2	Cleveland Museum of Natural History	$	150,000	24737
C371Y3	Fire Museum	$	83,334	24738
C371Y4	New Town Indian Artifact Museum	$	300,000	24739
C371Y5	City of Perrysburg Fort Meigs	$	200,000	24740
C371Y6	Historic League Park Restoration	$	150,000	24741
C371Y7	Ward-Thomas Museum	$	50,000	24742
C371Z0	Marietta Citizens Armory Cultural Center	$	200,000	24743
Total Cultural Facilities Commission		$	43,723,834	24744
TOTAL Cultural and Sports Facilities Building Fund		$	43,723,834	24745

Of the foregoing appropriation item C371Q5, Cincinnati Zoo,	24746
$750,000 shall be used for the Cat Canyon/Small Cat Reproduction	24747
Center project."	24748

Section 227.11. The Treasurer of State is hereby authorized	24749
to issue and sell, in accordance with Section 2i of Article VIII,	24750
Ohio Constitution, and Chapter 154. and other applicable sections	24751
of the Revised Code, original obligations in an aggregate	24752
principal amount not to exceed $42,000,000 in addition to the	24753
original issuance of obligations heretofore authorized by prior	24754
acts of the General Assembly. These authorized obligations shall	24755
be issued, subject to applicable constitutional and statutory	24756
limitations, to pay costs of capital facilities as defined in	24757
section 154.01 of the Revised Code, including construction as	24758
defined in division (H) of section 3383.01 of the Revised Code, of	24759
the Ohio cultural facilities designated in Section 227.10 of this	24760
act.	24761

Section 229.10. The items set forth in this section are	24762
hereby appropriated out of any moneys in the state treasury to the	24763
credit of the Ohio Parks and Natural Resources Fund (Fund 7031)	24764
that are not otherwise appropriated.	24765

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	24766

STATEWIDE AND LOCAL PROJECTS	24767

C72512	Land Acquisition - Department	$	3,000,000	24768
C72549	Operations Facilities Development	$	1,500,000	24769
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	750,000	24770
C725C0	Cap Abandoned Water Wells	$	50,000	24771
C725E1	NatureWorks Local Park Grants	$	3,800,000	24772
C725E5	Project Planning	$	1,100,000	24773
C725J0	Natural Areas and Preserves Maintenance Facility Development - Springville Marsh Carbon Rod Removal	$	200,000	24774
C725M0	Dam Rehabilitation - Department	$	10,000,000	24775
C725N1	Handicapped Accessibility - Department	$	250,000	24776
C725N5	Wastewater/Water Systems Upgrade - Department	$	3,000,000	24777
C725O1	The Wilds	$	1,000,000	24778
C725P9	Boundary Protection	$	150,000	24779
C725R6	Blanchard River Flood Mitigation Efforts	$	3,000,000	24780
C725R7	Lake Alma Restroom and Shower Upgrades	$	650,000	24781
C725R8	Indian Lake Dredging	$	200,000	24782
C725R9	Wabash Watershed - Grand Lake St. Marys Dredging	$	150,000	24783
C725S0	Historic Pittsburgh Marion & Chicago Train Station Bike Trail	$	145,000	24784
C725S1	Addyston Boat Ramp	$	100,000	24785
C725S2	Sylvania Retaining Wall Project	$	200,000	24786
Total Statewide and Local Projects		$	29,245,000	24787
Total Department of Natural Resources		$	29,245,000	24788
TOTAL Ohio Parks and Natural Resources Fund		$	29,245,000	24789

Of the foregoing appropriation item C72512, Land Acquisition	24790
- Department, $2,500,000 shall be used for the acquisition of the	24791
Vinton Furnace Experimental Forest.	24792

The foregoing appropriation item C725R6, Blanchard River	24793
Flood Mitigation Efforts, shall be used in conjunction with the	24794
U.S. Army Corps of Engineers plan to address continuing flooding	24795
of the Blanchard River in Putnam, Hancock, Hardin, Wyandot, Allen,	24796
and Seneca Counties as part of the nonfederal share.	24797

Section 229.11. The Ohio Public Facilities Commission, upon	24798
the request of the Director of Natural Resources, is hereby	24799
authorized to issue and sell, in accordance with Section 2l of	24800
Article VIII, Ohio Constitution, and Chapter 151. and particularly	24801
sections 151.01 and 151.05 of the Revised Code, original	24802
obligations in an aggregate principal amount not to exceed	24803
$28,000,000 in addition to the original issuance of obligations	24804
heretofore authorized by prior acts of the General Assembly. These	24805
authorized obligations shall be issued, subject to applicable	24806
constitutional and statutory limitations, as needed to provide	24807
sufficient moneys to the credit of the Ohio Parks and Natural	24808
Resources Fund (Fund 7031) to pay costs of capital facilities as	24809
defined in sections 151.01 and 151.05 of the Revised Code.	24810

Section 231.10. The items set forth in the sections of this	24811
act prefixed with the number "231" are hereby appropriated out of	24812
any moneys in the state treasury to the credit of the Mental	24813
Health Facilities Improvement Fund (Fund 7033) that are not	24814
otherwise appropriated.	24815

Appropriations

Section 231.10.10. ADA DEPARTMENT OF ALCOHOL AND DRUG	24816
ADDICTION SERVICES	24817

C03804	Rehab Center of North Central Ohio	$	300,000	24818
C03805	Prevention and Recovery Board - Jefferson County	$	300,000	24819
C03806	Lorain County Alcohol and Drug Abuse Services	$	250,000	24820
C03807	First Step Home	$	200,000	24821
C03808	Glenbeigh Extended Residential Care	$	500,000	24822
Total Department of Alcohol and Drug Addiction Services		$	1,550,000	24823

Appropriations

Section 231.10.20. DMH DEPARTMENT OF MENTAL HEALTH

24825

C58000	Hazardous Material Abatement	$	500,000	24826
C58001	Community Assistance Projects	$	9,210,000	24827
C58006	Patient Care Environment Improvement	$	3,700,000	24828
C58007	Infrastructure Improvements	$	4,600,000	24829
C58010	Campus Consolidation	$	83,700,000	24830
C58017	Bellefaire Jewish Children's Bureau	$	400,000	24831
C58018	Safety and Security Improvements	$	1,460,000	24832
C58019	Energy Conservation Projects	$	750,000	24833
C58020	Mandel Jewish Community Center	$	210,000	24834
Total Department of Mental Health		$	104,530,000	24835

COMMUNITY ASSISTANCE PROJECTS

24836

Of the foregoing appropriation item C58001, Community	24837
Assistance Projects, $260,000 shall be used for the Christian	24838
Children's Home, $200,000 shall be used for the Michael's House	24839
Child Advocacy Center, $100,000 shall be used for the Children's	24840
Home of Cincinnati, $100,000 shall be used for the Achievement	24841
Centers for Children, $100,000 shall be used for the Shaw JCC,	24842
$100,000 shall be used for Someplace Safe, $350,000 shall be used	24843
for the Berea Children's Home, and $6,300,000 shall be used for	24844
the development of a crisis care center in the area previously	24845
serviced by the Dayton Campus of Twin Valley Behavioral Health	24846
Organization.	24847

Appropriations

Section 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	24848
DEVELOPMENTAL DISABILITIES	24849

STATEWIDE AND CENTRAL OFFICE PROJECTS	24850

C59004	Community Assistance Projects	$	13,301,537	24851
C59022	Razing of Buildings	$	200,000	24852
C59024	Telecommunications	$	400,000	24853
C59029	Generator Replacement	$	1,000,000	24854
C59034	Statewide Developmental Centers	$	4,294,237	24855
C59050	Emergency Improvements	$	500,000	24856
C59051	Energy Conservation	$	500,000	24857
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	24858
C59053	Magnolia Clubhouse	$	250,000	24859
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	24860
C59055	Camp McKinley Improvements	$	30,000	24861
C59056	The Hope Learning Center	$	250,000	24862
C59057	North Olmstead Welcome House	$	150,000	24863
C59058	Providence House	$	200,000	24864
Total Statewide and Central Office Projects		$	21,500,774	24865
TOTAL Department of Mental Retardation and Developmental Disabilities		$	21,500,774	24866
TOTAL Mental Health Facilities Improvement Fund		$	127,580,774	24867

COMMUNITY ASSISTANCE PROJECTS

24868

The foregoing appropriation item C59004, Community Assistance	24869
Projects, may be used to provide community assistance funds for	24870
the development, purchase, construction, or renovation of	24871
facilities for day programs or residential programs that provide	24872
services to persons eligible for services from the Department of	24873
Mental Retardation and Developmental Disabilities or county boards	24874
of mental retardation and developmental disabilities. Any funds	24875
provided to nonprofit agencies for the construction or renovation	24876
of facilities for persons eligible for services from the	24877
Department of Mental Retardation and Developmental Disabilities	24878
and county boards of mental retardation and developmental	24879
disabilities shall be governed by the prevailing wage provisions	24880
in section 176.05 of the Revised Code.	24881

Section 231.30.10. The foregoing appropriations for the	24882
Department of Mental Health, C58001, Community Assistance	24883
Projects, and the Department of Mental Retardation and	24884
Developmental Disabilities, C59004, Community Assistance	24885
Projects, may be used for facilities constructed or to be	24886
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	24887
5126. of the Revised Code or the authority granted by section	24888
154.20 of the Revised Code and the rules issued pursuant to those	24889
chapters and shall be distributed by the Department of Mental	24890
Health and the Department of Mental Retardation and Developmental	24891
Disabilities, all subject to Controlling Board approval.	24892

Section 231.30.20. (A) No capital improvement appropriations	24893
made in Sections 231.10.10 to 231.30.10 of this act shall be	24894
released for planning or for improvement, renovation, or	24895
construction or acquisition of capital facilities if a	24896
governmental agency, as defined in section 154.01 of the Revised	24897
Code, does not own the real property that constitutes the capital	24898
facilities or on which the capital facilities are or will be	24899
located. This restriction does not apply in any of the following	24900
circumstances:	24901

(1) The governmental agency has a long-term (at least fifteen	24902
years) lease of, or other interest (such as an easement) in, the	24903
real property.	24904

(2) In the case of an appropriation for capital facilities	24905
that, because of their unique nature or location, will be owned or	24906
be part of facilities owned by a separate nonprofit organization	24907
and made available to the governmental agency for its use or	24908
operated by the nonprofit organization under contract with the	24909
governmental agency, the nonprofit organization either owns or has	24910
a long-term (at least fifteen years) lease of the real property or	24911
other capital facility to be improved, renovated, constructed, or	24912
acquired and has entered into a joint or cooperative use	24913
agreement, approved by the Department of Mental Health or the	24914
Department of Mental Retardation and Developmental Disabilities,	24915
whichever is applicable, with the governmental agency for that	24916
agency's use of and right to use the capital facilities to be	24917
financed and, if applicable, improved, the value of such use or	24918
right to use being, as determined by the parties, reasonably	24919
related to the amount of the appropriation.	24920

(B) In the case of capital facilities referred to in division	24921
(A)(2) of this section, the joint or cooperative use agreement	24922
shall include, at a minimum, provisions that:	24923

(1) Specify the extent and nature of that joint or	24924
cooperative use, extending for not fewer than fifteen years, with	24925
the value of such use or right to use to be, as determined by the	24926
parties and approved by the approving department, reasonably	24927
related to the amount of the appropriation;	24928

(2) Provide for pro rata reimbursement to the state should	24929
the arrangement for joint or cooperative use by a governmental	24930
agency be terminated;	24931

(3) Provide that procedures to be followed during the capital	24932
improvement process will comply with applicable state statutes	24933
and rules, including the provisions of this act.	24934

Section 231.40.10. The Treasurer of State is hereby	24935
authorized to issue and sell in accordance with Section 2i of	24936
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	24937
Code, particularly section 154.20 of the Revised Code, original	24938
obligations in an aggregate principal amount not to exceed	24939
$128,000,000 in addition to the original issuance of obligations	24940
heretofore authorized by prior acts of the General Assembly. These	24941
authorized obligations shall be issued, subject to applicable	24942
constitutional and statutory limitations, to pay costs of capital	24943
facilities as defined in section 154.01 of the Revised Code for	24944
mental hygiene and retardation.	24945

Section 233.10. The items set forth in the sections of this	24946
act prefixed with the section number "233" are hereby appropriated	24947
out of any moneys in the state treasury to the credit of the	24948
Higher Education Improvement Fund (Fund 7034) that are not	24949
otherwise appropriated.	24950

Appropriations

Section 233.10.10. ETC ETECH OHIO

24951

C37403	OGT Camera and Cabling Replacement	$	725,000	24952
C37404	Digital Conversion	$	525,000	24953
C37405	Digital Conversion for Public Television	$	9,000,000	24954
Total eTech Ohio		$	10,250,000	24955

Appropriations

Section 233.20.10. BOARD OF REGENTS AND STATE INSTITUTIONS OF	24957
HIGHER EDUCATION	24958

BOR BOARD OF REGENTS	24959

C23501	Ohio Supercomputer Center Expansion	$	2,000,000	24960
C23502	Research Facility Action and Investment Funds	$	5,500,000	24961
C23506	Third Frontier Wright Capital	$	100,000,000	24962
C23516	Ohio Library and Information Network	$	9,910,000	24963
C23519	315 Corridor/SciTech	$	500,000	24964
C23524	Supplemental Renovations - Library Depositories	$	5,500,000	24965
C23529	Non-credit Job Training Facilities	$	2,350,000	24966
C23530	Technology Initiatives	$	3,741,000	24967
C23531	Ohio Aerospace Institute	$	200,000	24968
C23532	Dark Fiber/OARnet	$	2,000,000	24969
C23533	Instructional and Data Processing Equipment	$	20,799,000	24970
C23534	Central State Student Activity Center	$	14,000,000	24971
C23535	CWRU Energy Center	$	333,333	24972
Total Board of Regents		$	166,833,333	24973

Section 233.20.20. RESEARCH FACILITY ACTION AND INVESTMENT	24975
FUNDS	24976

The foregoing appropriation item C23502, Research Facility	24977
Action and Investment Funds, shall be used for a program of grants	24978
to be administered by the Board of Regents to provide timely	24979
availability of capital facilities for research programs and	24980
research-oriented instructional programs at or involving	24981
state-supported and state-assisted institutions of higher	24982
education.	24983

Section 233.20.30. THIRD FRONTIER WRIGHT CAPITAL

24984

The foregoing appropriation item C23506, Third Frontier	24985
Wright Capital, shall be used to acquire, renovate, or construct	24986
facilities and purchase equipment for research programs,	24987
technology development, product development, and commercialization	24988
programs at or involving state-supported and state-assisted	24989
institutions of higher education. The funds shall be used to make	24990
grants, which shall be awarded on a competitive basis, and shall	24991
be administered by the Third Frontier Commission. Expenditure of	24992
these funds shall comply with Section 2n of Article VIII, Ohio	24993
Constitution, and sections 151.01 and 151.04 of the Revised Code	24994
and shall be for the period beginning July 1, 2008, and ending	24995
June 30, 2010.	24996

The Third Frontier Commission shall develop guidelines	24997
relative to the application for and selection of projects funded	24998
from appropriation item C23506, Third Frontier Wright Capital.	24999
The Commission may develop the guidelines in consultation with	25000
other interested parties. The Board of Regents and all	25001
state-assisted and state-supported institutions of higher	25002
education shall take all actions necessary to implement grants	25003
awarded by the Third Frontier Commission.	25004

The foregoing appropriation item C23506, Third Frontier	25005
Wright Capital, consists of proceeds of obligations in the Higher	25006
Education Improvement Fund (Fund 7034) that are to be applied to	25007
capital improvements and capital facilities for state-supported	25008
and state-assisted institutions of higher education.	25009

Appropriations

Section 233.30.10. UAK UNIVERSITY OF AKRON

25010

C25000	Basic Renovations	$	5,056,161	25011
C25002	Wayne College Renovations/Expansion	$	258,182	25012
C25033	Polymer Processing Center - Phase II	$	7,363,281	25013
C25038	College of Education	$	5,000,000	25014
C25039	Campus Implementation	$	1,452,047	25015
C25040	Replacement of Gym Floor	$	150,000	25016
C25041	Maintenance Building	$	250,000	25017
C25042	Property Management Projects	$	150,000	25018
C25043	Akron Canton Regional Foodbank	$	200,000	25019
C25044	Hiram College James A. Garfield Institute	$	500,000	25020
Total University of Akron		$	20,379,671	25021

Appropriations

Section 233.30.20. BGU BOWLING GREEN STATE UNIVERSITY

25023

C24000	Basic Renovations	$	4,354,164	25024
C24001	Basic Renovations - Firelands	$	298,536	25025
C24021	Fine Art and Theater Complex	$	6,116,000	25026
C24037	Academic Buildings Rehabilitation	$	6,857,801	25027
C24038	Health Sciences Building	$	934,363	25028
C24039	Wood County Health District Facility	$	1,200,000	25029
C24040	James H. McBride Arboretum at BGSU Firelands	$	378,000	25030
Total Bowling Green University		$	20,138,864	25031

Appropriations

Section 233.30.30. CSU CENTRAL STATE UNIVERSITY

25033

C25500	Basic Renovations	$	1,100,972	25034
C25503	Center for Education & Natural Sciences	$	1,000,000	25035
C25507	Campus Master Plan	$	500,000	25036
C25508	Emery Hall	$	545,746	25037
Total Central State University		$	3,146,718	25038

Appropriations

Section 233.30.40. UCN UNIVERSITY OF CINCINNATI

25039

C26500	Basic Renovations	$	10,720,621	25040
C26501	Basic Renovations - Clermont	$	326,112	25041
C26502	Raymond Walters Renovations	$	501,195	25042
C26530	Medical Science Building Renovation & Expansion	$	26,412,509	25043
C26607	Consolidated Communication Project of Clermont County	$	400,000	25044
C26612	Clermont Renovations	$	751,132	25045
C26613	New Building	$	1,582,233	25046
C26614	Barrett Cancer Center	$	1,500,000	25047
C26615	Beech Acres	$	125,000	25048
C26616	Forest Park Homeland Security Facility	$	50,000	25049
C26617	Health Care Connection - Lincoln Heights	$	150,000	25050
C26618	People Working Cooperatively	$	120,000	25051
C26619	Sharonville Convention Center	$	950,000	25052
C26620	Society for the Prevention of Cruelty to Animals - Facility	$	100,000	25053
C26621	Mayerson Center	$	200,000	25054
Total University of Cincinnati		$	43,888,802	25055

Appropriations

Section 233.30.50. CLS CLEVELAND STATE UNIVERSITY

25057

C26000	Basic Renovations	$	6,431,121	25058
C26035	Cleveland Institute of Art	$	500,000	25059
C26048	Rhodes Tower Renovation	$	4,030,166	25060
C26049	Basic Science Building HVAC and Electrical Upgrade	$	1,125,000	25061
C26050	Law Building Renovation	$	3,500,000	25062
C26051	Cleveland Hearing and Speech Center	$	50,000	25063
C26052	University Hospitals Ireland Cancer Center	$	3,000,000	25064
Total Cleveland State University		$	18,636,287	25065

Appropriations

Section 233.30.60. KSU KENT STATE UNIVERSITY

25067

C27000	Basic Renovations	$	5,220,323	25068
C27002	Basic Renovations - East Liverpool	$	177,231	25069
C27004	Basic Renovations - Salem	$	136,423	25070
C27005	Basic Renovations - Stark	$	491,417	25071
C27006	Basic Renovations - Ashtabula	$	281,425	25072
C27007	Basic Renovations - Trumbull	$	463,939	25073
C27008	Basic Renovations - Tuscarawas	$	310,510	25074
C27072	Gym Renovations for Health Sciences, Construction Phase	$	486,469	25075
C27076	Performing Arts Center	$	933,027	25076
C27087	Electrical Infrastructure Improvements	$	1,407,000	25077
C27088	Oscar Ritchie Hall Rehabilitation	$	6,715,000	25078
C27090	Music and Speech Center Renovations/Addition	$	5,781,158	25079
C27093	Science and Nursing Building	$	1,600,286	25080
C27096	Blossom Music Center	$	1,000,000	25081
C270A5	Basic Renovations - Geauga	$	93,152	25082
C270A6	Main Hall Renovations	$	768,084	25083
C270A7	Classroom Building Interior Renovations, Phase 2	$	333,435	25084
C270A8	Classroom Building HVAC and Energy Conservation Improvements	$	259,027	25085
C270A9	Art Building Roof Replacement	$	1,000,000	25086
C270B0	Classroom Building Interior Renovations	$	854,608	25087
C270B1	University Hospitals Geauga Medical Center	$	1,000,000	25088
C270B2	Cleveland Orchestra - Severance Hall	$	750,000	25089
Total Kent State University		$	30,062,514	25090

Appropriations

Section 233.30.70. MUN MIAMI UNIVERSITY

25092

C28500	Basic Renovations	$	5,615,288	25093
C28502	Basic Renovations - Hamilton	$	686,759	25094
C28503	Basic Renovations - Middletown	$	588,815	25095
C28556	Upham Hall North Wing Rehabilitation	$	3,600,000	25096
C28559	Academic/Administrative & General Improvement Projects	$	1,153,217	25097
C28560	Academic/Administrative & General Improvement Projects	$	1,286,226	25098
C28564	Laws Hall Rehabilitation	$	6,250,000	25099
C28565	Hughes Hall "C" Wing (design)	$	700,000	25100
C28566	Western Steam Distribution Project	$	1,500,000	25101
Total Miami University		$	21,380,305	25102

Appropriations

Section 233.30.80. OSU OHIO STATE UNIVERSITY

25104

C31500	Basic Renovations	$	22,999,842	25105
C31598	Main Library Rehabilitation/Expansion	$	8,660,000	25106
C315R4	Founders Hall and Hopewell Hall Renovations	$	1,003,812	25107
C315R7	Stone Lab Classroom Improvements	$	250,000	25108
C315T4	Basic Renovations - Agricultural Technical Institute	$	623,680	25109
C315T5	Basic Renovations - Lima	$	311,913	25110
C315T6	Basic Renovations - Mansfield	$	374,760	25111
C315T7	Basic Renovations - Marion	$	312,878	25112
C315T8	Basic Renovations - Newark	$	361,499	25113
C315T9	Basic Renovations - OARDC	$	2,118,042	25114
C315U0	Horticultural Operations Center	$	6,855,787	25115
C315U1	New Maintenance Facility	$	2,000,000	25116
C315U2	Academic Core - North	$	37,756,725	25117
C315U3	Cunz Hall Renovation	$	6,540,000	25118
C315U4	College of Medicine Renovation/Addition	$	6,000,000	25119
C315U5	Animal & Plant Biology Level 3 Isolate Facility	$	6,220,796	25120
C315U7	Nationwide Children's Hospital Capital Equipment	$	2,500,000	25121
C315U8	OSU African American & African Studies Community Center	$	750,000	25122
C315U9	Flying Horse Pediatric Facility	$	250,000	25123
Total Ohio State University		$	105,889,734	25124

Appropriations

Section 233.30.90. OHU OHIO UNIVERSITY

25126

C30000	Basic Renovations	$	5,043,296	25127
C30004	Basic Renovations - Eastern	$	218,674	25128
C30006	Basic Renovations - Zanesville	$	297,309	25129
C30007	Basic Renovations - Chillicothe	$	266,629	25130
C30008	Basic Renovations - Ironton	$	232,932	25131
C30021	Brasee Hall Library/Gymnasium Renovation	$	801,485	25132
C30048	Clippinger Laboratory Renovation - 2nd & 3rd Floors	$	3,400,000	25133
C30051	Lausche Heating Plant Completion	$	4,410,000	25134
C30053	Parking and Roadway Improvements	$	502,542	25135
C30058	Integrated Learning and Research Facility	$	9,000,000	25136
C30062	Shannon Hall Interior Renovations - Learning Commons	$	609,112	25137
C30064	Stevenson Center Learning Commons	$	500,000	25138
C30069	Elson Hall 2nd Floor Partial Renovation	$	1,129,666	25139
C30073	Land Acquisition	$	170,830	25140
C30074	Basic Renovations - Lancaster	$	306,577	25141
C30075	Infrastructure Improvements	$	1,900,000	25142
C30076	Campus Entry & Grounds Improvements	$	325,000	25143
C30077	Academic Building Laboratory & Classroom Renovation Planning	$	58,491	25144
C30078	OU Southern Proctorville Campus Upgrades	$	50,000	25145
C30079	OU Southern Horse Park	$	325,000	25146
Total Ohio University		$	29,547,543	25147

Appropriations

Section 233.33.10. SSC SHAWNEE STATE UNIVERSITY

25149

C32400	Basic Renovations	$	1,036,884	25150
C32415	Land Acquisition	$	200,000	25151
C32423	Administration Building Renovation	$	1,443,831	25152
Total Shawnee State University		$	2,680,715	25153

Appropriations

Section 233.33.20. UTO UNIVERSITY OF TOLEDO

25155

C34000	Basic Renovations	$	5,800,643	25156
C34033	CBLE - Stranahan Hall Addition	$	4,600,000	25157
C34036	North Engineering Renovation	$	4,750,000	25158
C34038	MCO - Core Research Facility	$	1,800,000	25159
C34040	MCO - Clinical Academic Renovation	$	900,000	25160
C34041	MCO - Resource & Community Learning Center	$	900,000	25161
C34044	Campus Infrastructure Improvements	$	3,750,000	25162
C34045	Building Demolition	$	1,400,000	25163
C34046	MCO - Basic Renovations	$	2,013,792	25164
C34047	Center for Legal Justice	$	1,000,000	25165
C34048	Mercy College Technology and Infomatics Center	$	225,000	25166
Total University of Toledo		$	27,139,435	25167

Appropriations

Section 233.33.30. WSU WRIGHT STATE UNIVERSITY

25169

C27500	Basic Renovations	$	3,759,018	25170
C27501	Basic Renovations - Lake	$	132,481	25171
C27513	Science Laboratory Renovations	$	8,521,508	25172
C27526	Lake Campus Rehabilitation and Addition	$	461,750	25173
C27527	Advanced Technical Intelligence Center (ATIC)	$	2,500,000	25174
C27533	Auditorium/Classroom Upgrades	$	1,084,769	25175
C27534	Student Academic Success Center Renovation	$	250,000	25176
C27535	Air Force Advanced Manufacturing Facility	$	1,500,000	25177
C27536	Nursing Institute Facility	$	500,000	25178
C27537	Calamityville Lab Facilities (WPAFB)	$	3,000,000	25179
Total Wright State University		$	21,709,526	25180

Appropriations

Section 233.33.40. YSU YOUNGSTOWN STATE UNIVERSITY

25182

C34500	Basic Renovations	$	3,473,188	25183
C34518	Building System Upgrades	$	624,834	25184
C34523	Campus Development	$	1,500,000	25185
C34524	Instructional Space Upgrades	$	850,000	25186
C34525	College of Business	$	5,100,000	25187
C34526	Trumbull County Business Incubator	$	500,000	25188
Total Youngstown State University		$	12,048,022	25189

Appropriations

Section 233.33.50. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE	25191
OF MEDICINE	25192

C30500	Basic Renovations	$	637,463	25193
C30517	Building Expansion Sitework	$	1,473,952	25194
Total Northeastern Ohio Universities College of Medicine		$	2,111,415	25195

Appropriations

Section 233.40.10. CTC CINCINNATI STATE COMMUNITY COLLEGE

25197

C36101	Basic Renovations	$	1,255,923	25198
C36107	Classroom Upgrade Project	$	270,000	25199
C36113	Freestore Food Bank	$	100,000	25200
C36114	Lot C Parking Lot	$	250,000	25201
C36115	Ceiling Replacement	$	75,000	25202
C36116	Electrical Surge Protection	$	100,000	25203
C36117	Campus Signage	$	75,000	25204
C36118	Window and Garage Doors	$	175,659	25205
C36119	Window Replacement	$	100,000	25206
C36120	Blue Ash City Conference Center	$	150,000	25207
C36121	Hebrew Union College Archives	$	185,000	25208
Total Cincinnati State Community College		$	2,736,582	25209

Appropriations

Section 233.40.20. CLT CLARK STATE COMMUNITY COLLEGE

25211

C38512	Basic Renovations	$	536,990	25212
C38513	Clark State Arts Center	$	300,000	25213
C38514	Center City Park in Springfield - Phase II	$	1,500,000	25214
Total Clark State Community College		$	2,336,990	25215

Appropriations

Section 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

25217

C38400	Basic Renovations	$	1,691,834	25218
C38411	Columbus Hall Renovation	$	5,470,913	25219
C38412	Painters Apprenticeship Council	$	500,000	25220
C38413	Jewish Community Center NE Initiative	$	575,000	25221
C38414	Somali Community Center	$	100,000	25222
Total Columbus State Community College		$	8,337,747	25223

Appropriations

Section 233.40.40. CCC CUYAHOGA COMMUNITY COLLEGE

25225

C37800	Basic Renovations	$	3,482,709	25226
C37807	Cleveland Museum of Art	$	3,000,000	25227
C37818	Health Care Technology Building, Eastern Campus	$	9,775,889	25228
C37824	Rock and Roll Hall of Fame	$	1,000,000	25229
C37829	College of Podiatric Medicine	$	250,000	25230
C37830	Cuyahoga Community College Auto Lab Improvements	$	50,000	25231
C37831	Visiting Nurse Association	$	150,000	25232
C37832	Western Reserve Hospice Center	$	100,000	25233
Total Cuyahoga Community College		$	17,808,598	25234

Appropriations

Section 233.40.50. ESC EDISON STATE COMMUNITY COLLEGE

25236

C39000		Basic Renovations		$	688,818		25237
Total Edison State Community College				$	688,818		25238

Appropriations

Section 233.40.60. JTC JEFFERSON COMMUNITY COLLEGE

25240

C38600	Basic Renovations	$	269,043	25241
C39608	Second Floor Pugliese Training Center	$	887,025	25242
Total Jefferson Community College		$	1,156,068	25243

Appropriations

Section 233.40.70. LCC LAKELAND COMMUNITY COLLEGE

25245

C37900	Basic Renovations	$	1,132,835	25246
C37912	C Building East End	$	1,896,964	25247
Total Lakeland Community College		$	3,029,799	25248

Appropriations

Section 233.40.80. LOR LORAIN COMMUNITY COLLEGE

25250

C38300	Basic Renovations	$	1,275,420	25251
C38307	CC Rehabilitation - Student Center	$	3,572,633	25252
Total Lorain Community College		$	4,848,053	25253

Appropriations

Section 233.40.90. NTC NORTHWEST STATE COMMUNITY COLLEGE

25255

C38200	Basic Renovations	$	104,798	25256
C38205	Allied Health and Public Service Building	$	1,093,249	25257
C38206	Fulton County Wind Project	$	250,000	25258
Total Northwest State Community College		$	1,448,047	25259

Appropriations

Section 233.43.10. OTC OWENS COMMUNITY COLLEGE

25261

C38800	Basic Renovations	$	1,778,419	25262
C38813	Energy Management Infrastructure	$	2,000,000	25263
C38814	Required and Code Compliance Renovations for Penta Campus	$	2,500,000	25264
Total Owens Community College		$	6,278,419	25265

Appropriations

Section 233.43.20. RGC RIO GRANDE COMMUNITY COLLEGE

25267

C35600	Basic Renovations	$	495,799	25268
C35606	Louvee Theater Project	$	450,000	25269
Total Rio Grande Community College		$	945,799	25270

Appropriations

Section 233.43.30. SCC SINCLAIR COMMUNITY COLLEGE

25272

C37700	Basic Renovations	$	2,518,446	25273
C37709	National Composite Center	$	750,000	25274
C37710	Greentree Health Science Academy	$	1,000,000	25275
Total Sinclair Community College		$	4,268,446	25276

Appropriations

Section 233.43.40. SOC SOUTHERN STATE COMMUNITY COLLEGE

25278

C32200	Basic Renovations	$	404,599	25279
C32204	Laboratory and Classroom Building	$	100,000	25280
Total Southern State Community College		$	504,599	25281

Appropriations

Section 233.43.50. TTC TERRA STATE COMMUNITY COLLEGE

25283

C36400	Basic Renovations	$	368,589	25284
C36407	Skilled Trades Center	$	3,250,000	25285
C36408	Herbert Perna Center for Physical Health Studies	$	375,000	25286
Total Terra State Community College		$	3,993,589	25287

Appropriations

Section 233.43.60. WTC WASHINGTON STATE COMMUNITY COLLEGE

25289

C35800	Basic Renovations	$	328,895	25290
C35810	Health Science Education Facility	$	250,000	25291
Total Washington State Community College		$	578,895	25292

Appropriations

Section 233.50.10. BTC BELMONT TECHNICAL COLLEGE

25294

C36800		Basic Renovations		$	243,300		25295
Total Belmont Technical College				$	243,300		25296

Appropriations

Section 233.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE

25298

C36900	Basic Renovations	$	306,291	25299
C36905	Founders Hall and Hopewell Hall Renovations	$	879,000	25300
C36907	COTC Expansion in Mt. Vernon	$	700,000	25301
Total Central Ohio Technical College		$	1,885,291	25302

Appropriations

Section 233.50.30. HTC HOCKING TECHNICAL COLLEGE

25304

C36300	Basic Renovations	$	654,837	25305
C36310	McClenaghan Center for Hospitality Training	$	1,400,000	25306
C36312	Energy Institute	$	300,226	25307
C36313	Perry County Community Health Center at Hocking College	$	200,000	25308
C36314	New Lexington Public Safety Training Facility	$	750,000	25309
Total Hocking Technical College		$	3,305,063	25310

Appropriations

Section 233.50.40. LTC JAMES RHODES STATE COLLEGE

25312

C38100	Basic Renovations	$	435,403	25313
C38110	Design Planning for Center of Excellence for Health Sciences	$	919,365	25314
Total James Rhodes State College		$	1,354,768	25315

Appropriations

Section 233.50.50. MTC MARION TECHNICAL COLLEGE

25317

C35900	Basic Renovations	$	139,497	25318
C35905	Technical Education Center Vacated Space Renovations	$	576,136	25319
Total Marion Technical College		$	715,633	25320

Appropriations

Section 233.50.60. MAT ZANE STATE COLLEGE

25322

C36200	Basic Renovations	$	294,447	25323
C36205	Willett-Pratt Training Center Expansion	$	250,000	25324
C36207	College & Health Science Halls ESI Project, Phase II	$	500,000	25325
Total Zane State College		$	1,044,447	25326

Appropriations

Section 233.50.70. NCC NORTH CENTRAL TECHNICAL COLLEGE

25328

C38000	Basic Renovations	$	552,097	25329
C38010	North Central State College Kehoe Center	$	585,000	25330
C38011	North Central State College Fallerius Technology Center	$	150,000	25331
Total North Central Technical College		$	1,287,097	25332

Appropriations

Section 233.50.80. STC STARK TECHNICAL COLLEGE

25334

C38900	Basic Renovations	$	786,333	25335
C38913	Business Technologies Building	$	2,034,537	25336
C38914	Corporate and Community Services Facility	$	500,000	25337
Total Stark Technical College		$	3,320,870	25338
Total Board of Regents and				25339
Institutions of Higher Education		$	597,709,802	25340
TOTAL Higher Education Improvement Fund		$	607,959,802	25341

Section 233.60.10. DEBT SERVICE FORMULA ALLOCATION

25343

Based on the foregoing appropriations from the Higher	25344
Education Improvement Fund (Fund 7034), the following higher	25345
education institutions shall be responsible for the specified	25346
amounts as part of the debt service component of the instructional	25347
subsidy beginning in fiscal year 2010:	25348

INSTITUTION		AMOUNT	25349
University of Akron	$	13,355,046	25350
University of Akron - Wayne	$	627,584	25351
Bowling Green State University	$	12,482,535	25352
Bowling Green State University - Firelands	$	942,492	25353
Central State University	$	2,045,746	25354
University of Cincinnati	$	26,412,509	25355
University of Cincinnati - Clermont	$	751,132	25356
University of Cincinnati - Walters	$	1,582,233	25357
Cleveland State University	$	10,760,269	25358
Kent State University	$	14,903,158	25359
Kent State University - Ashtabula	$	812,835	25360
Kent State University - East Liverpool	$	333,435	25361
Kent State University - Geauga	$	259,027	25362
Kent State University - Salem	$	486,469	25363
Kent State University - Stark	$	1,600,286	25364
Kent State University - Trumbull	$	854,608	25365
Kent State University - Tuscarawas	$	933,027	25366
Miami University	$	13,042,402	25367
Miami University - Hamilton	$	1,324,456	25368
Miami University - Middletown	$	1,405,890	25369
Ohio State University	$	58,956,725	25370
Ohio State University - ATI	$	6,855,787	25371
Ohio State University - Lima	$	2,000,000	25372
Ohio State University - Newark	$	1,030,695	25373
Ohio State University - OARDC	$	6,220,796	25374
Ohio University	$	17,406,578	25375
Ohio University - Eastern	$	609,112	25376
Ohio University - Chillicothe	$	1,002,542	25377
Ohio University - Southern	$	554,321	25378
Ohio University - Lancaster	$	801,485	25379
Ohio University - Zanesville	$	1,129,666	25380
Shawnee State University	$	1,643,831	25381
University of Toledo	$	17,839,425	25382
Wright State University	$	9,856,277	25383
Wright State University - Lake	$	461,750	25384
Youngstown State University	$	8,144,264	25385
Northeastern Ohio Universities College of Medicine	$	1,542,025	25386
Cincinnati State Community College	$	924,024	25387
Columbus State Community College	$	5,470,913	25388
Cuyahoga Community College	$	9,775,889	25389
Edison State Community College	$	373,982	25390
Jefferson Community College	$	874,547	25391
Lakeland Community College	$	2,529,285	25392
Lorain County Community College	$	3,572,633	25393
Northwest State Community College	$	848,720	25394
Owens Community College	$	4,449,028	25395
Terra State Community College	$	3,250,000	25396
Central Ohio Technical College	$	907,644	25397
Hocking Technical College	$	1,700,226	25398
James Rhodes State Technical College	$	919,365	25399
Marion Technical College	$	576,136	25400
Zane State College	$	701,703	25401
North Central Technical College	$	435,000	25402
Stark Technical College	$	1,844,168	25403

Institutions not listed above do not have a debt service	25404
obligation as a result of these appropriations.	25405

Within sixty days after the effective date of this section,	25406
any institution of higher education may notify the Board of	25407
Regents of its intention not to proceed with any project	25408
appropriated in this act. Upon receiving such a notification, the	25409
Board of Regents may release the institution from its debt service	25410
obligation for the specific project.	25411

Section 233.60.20. For all of the foregoing appropriation	25412
items from the Higher Education Improvement Fund (Fund 7034) that	25413
require local funds to be contributed by any state-supported or	25414
state-assisted institution of higher education, the Board of	25415
Regents shall not recommend that any funds be released until the	25416
recipient institution demonstrates to the Board of Regents and the	25417
Office of Budget and Management that the local funds contribution	25418
requirement has been secured or satisfied. The local funds are in	25419
addition to the foregoing appropriations.	25420

Section 233.60.30. The Ohio Public Facilities Commission is	25421
hereby authorized to issue and sell, in accordance with Section 2n	25422
of Article VIII, Ohio Constitution, and Chapter 151. and	25423
particularly sections 151.01 and 151.04 of the Revised Code,	25424
original obligations in an aggregate principal amount not to	25425
exceed $606,000,000, in addition to the original issuance of	25426
obligations heretofore authorized by prior acts of the General	25427
Assembly. These authorized obligations shall be issued, subject to	25428
applicable constitutional and statutory limitations, to pay costs	25429
of capital facilities as defined in sections 151.01 and 151.04 of	25430
the Revised Code for state-supported and state-assisted	25431
institutions of higher education.	25432

Section 233.60.40. None of the foregoing capital	25433
improvements appropriations for state-supported or state-assisted	25434
institutions of higher education shall be expended until the	25435
particular appropriation has been recommended for release by the	25436
Board of Regents and released by the Director of Budget and	25437
Management or the Controlling Board. Either the institution	25438
concerned, or the Board of Regents with the concurrence of the	25439
institution concerned, may initiate the request to the Director	25440
of Budget and Management or the Controlling Board for the release	25441
of the particular appropriations.	25442

Section 233.60.50. (A) No capital improvement appropriations	25443
made in sections of this act prefixed with the section number	25444
"233" shall be released for planning or for improvement,	25445
renovation, construction, or acquisition of capital facilities if	25446
the institution of higher education or the state does not own the	25447
real property on which the capital facilities are or will be	25448
located. This restriction does not apply in any of the following	25449
circumstances:	25450

(1) The institution has a long-term (at least fifteen years)	25451
lease of, or other interest (such as an easement) in, the real	25452
property.	25453

(2) The Board of Regents certifies to the Controlling Board	25454
that undue delay will occur if planning does not proceed while the	25455
property or property interest acquisition process continues. In	25456
this case, funds may be released upon approval of the Controlling	25457
Board to pay for planning through the development of schematic	25458
drawings only.	25459

(3) In the case of an appropriation for capital facilities	25460
that, because of their unique nature or location, will be owned or	25461
will be part of facilities owned by a separate nonprofit	25462
organization or public body and will be made available to the	25463
institution of higher education for its use, the nonprofit	25464
organization or public body either owns or has a long-term (at	25465
least fifteen years) lease of the real property or other capital	25466
facility to be improved, renovated, constructed, or acquired and	25467
has entered into a joint or cooperative use agreement with the	25468
institution of higher education that meets the requirements of	25469
division (C) of this section.	25470

(B) Any foregoing appropriations that require cooperation	25471
between a technical college and a branch campus of a university	25472
may be released by the Controlling Board upon recommendation by	25473
the Board of Regents that the facilities proposed by the	25474
institutions are:	25475

(1) The result of a joint planning effort by the university	25476
and the technical college, satisfactory to the Board of Regents;	25477

(2) Facilities that will meet the needs of the region in	25478
terms of technical and general education, taking into	25479
consideration the totality of facilities that will be available	25480
after the completion of the projects;	25481

(3) Planned to permit maximum joint use by the university and	25482
technical college of the totality of facilities that will be	25483
available upon their completion; and	25484

(4) To be located on or adjacent to the branch campus of the	25485
university.	25486

(C) The Board of Regents shall adopt rules regarding the	25487
release of moneys from all the foregoing appropriations for	25488
capital facilities for all state-supported or state-assisted	25489
institutions of higher education. In the case of capital	25490
facilities referred to in division (A)(3) of this section, the	25491
joint or cooperative use agreements shall include, as a minimum,	25492
provisions that:	25493

(1) Specify the extent and nature of that joint or	25494
cooperative use, extending for not fewer than fifteen years, with	25495
the value of such use or right to use to be, as is determined by	25496
the parties and approved by the Board of Regents, reasonably	25497
related to the amount of the appropriations;	25498

(2) Provide for pro rata reimbursement to the state should	25499
the arrangement for joint or cooperative use be terminated;	25500

(3) Provide that procedures to be followed during the capital	25501
improvement process will comply with appropriate applicable state	25502
statutes and rules, including the provisions of this act; and	25503

(4) Provide for payment or reimbursement to the institution	25504
of its administrative costs incurred as a result of the facilities	25505
project, not to exceed 1.5 per cent of the appropriated amount.	25506

(D) Upon the recommendation of the Board of Regents, the	25507
Controlling Board may approve the transfer of appropriations for	25508
projects requiring cooperation between institutions from one	25509
institution to another institution with the approval of both	25510
institutions.	25511

(E) Notwithstanding section 127.14 of the Revised Code, the	25512
Controlling Board, upon the recommendation of the Board of	25513
Regents, may transfer amounts appropriated to the Board of Regents	25514
to accounts of state-supported or state-assisted institutions	25515
created for that same purpose.	25516

Section 233.60.60. The requirements of Chapters 123. and	25517
153. of the Revised Code, with respect to the powers and duties of	25518
the Director of Administrative Services, and the requirements of	25519
section 127.16 of the Revised Code, with respect to the	25520
Controlling Board, do not apply to projects of community college	25521
districts, which include Cuyahoga Community College, Jefferson	25522
Community College, Lakeland Community College, Lorain Community	25523
College, Rio Grande Community College, and Sinclair Community	25524
College; and technical college districts, which include Belmont	25525
Technical College, Central Ohio Technical College, Hocking	25526
Technical College, James Rhodes State College, Marion Technical	25527
College, Zane State College, North Central Technical College, and	25528
Stark Technical College.	25529

Section 233.60.70. Those institutions locally administering	25530
capital improvement projects pursuant to section 3345.50 of the	25531
Revised Code may:	25532

(A) Establish charges for recovering costs directly related	25533
to project administration as defined by the Director of	25534
Administrative Services. The Department of Administrative Services	25535
shall review and approve these administrative charges when the	25536
charges are in excess of 1.5 per cent of the total construction	25537
budget.	25538

(B) Seek reimbursement from state capital appropriations to	25539
the institution for the in-house design services performed by the	25540
institution for the capital projects. Acceptable charges are	25541
limited to design document preparation work that is done by the	25542
institution. These reimbursable design costs shall be shown as	25543
"A/E fees" within the project's budget that is submitted to the	25544
Controlling Board or the Director of Budget and Management as part	25545
of a request for release of funds. The reimbursement for in-house	25546
design shall not exceed seven per cent of the estimated	25547
construction cost.	25548

Section 235.10. The items set forth in this section are	25549
hereby appropriated out of any moneys in the state treasury to the	25550
credit of the Parks and Recreation Improvement Fund (Fund 7035)	25551
that are not otherwise appropriated.	25552

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	25553

C725A0	State Parks, Campgrounds, Cabins, & Lodges	$	5,150,000	25554
C725A9	Park Boating Facilities - Shawnee Marina	$	1,000,000	25555
C725B8	Upgrade Underground Fuel Storage Tanks - Statewide	$	250,000	25556
C725E2	Local Parks Projects	$	25,552,333	25557
C725E6	Project Planning	$	500,000	25558
C725L8	Statewide Trails Program - Hocking Hills Trails Rehabilitation Phase II	$	1,000,000	25559
C725M5	Middle Bass Island State Park - Marina	$	4,000,000	25560
C725N0	Handicapped Accessibility - Statewide	$	100,000	25561
C725N4	Hazardous Waste/Asbestos Abatement - Statewide	$	150,000	25562
C725N6	Statewide Wastewater/Water Systems Upgrade	$	3,000,000	25563
C725R3	State Park Renovations/Upgrading - Statewide Beach Bath House Replacement	$	1,000,000	25564
Total Department of Natural Resources		$	41,702,333	25565
TOTAL Parks and Recreation Improvement Fund		$	41,702,333	25566

FEDERAL REIMBURSEMENT

25567

All reimbursements received from the federal government for	25568
any expenditures made pursuant to this section shall be deposited	25569
in the state treasury to the credit of the Parks and Recreation	25570
Improvement Fund (Fund 7035).	25571

LOCAL PARKS PROJECTS

25572

Of the foregoing appropriation item C725E2, Local Parks	25573
Projects, an amount equal to two per cent of the projects listed	25574
may be used by the Department of Natural Resources for the	25575
administration of local projects, $3,050,000 shall be used for the	25576
Scioto Mile Development, $2,000,000 shall be used for the	25577
Riverfront Park, $2,000,000 shall be used for the Goodyear Park,	25578
$1,090,000 shall be used for the Sterling Park, $1,000,000 shall	25579
be used for the Little Miami Trail extension - Hamilton County	25580
Park District, $675,000 shall be used for the Anthony Wayne Youth	25581
Foundation Recreation area, $100,000 shall be used for the Euclid	25582
Beach Pier, $500,000 shall be used for the Euclid Marina	25583
Breakwater Project, $500,000 shall be used for the Columbus Crew	25584
Facility - Hilliard, $500,000 shall be used for the Franklin Park	25585
Conservatory, $500,000 shall be used for the Colerain Township	25586
Park, $500,000 shall be used for the Green Township Legacy Place	25587
Park, $475,000 shall be used for the Dublin Emerald Fields Special	25588
Needs Playground, $450,000 shall be used for the Sippo Lake Park	25589
improvements, $400,000 shall be used for the Mentor Beach Park or	25590
Mentor Lagoons Marina, $400,000 shall be used for the Wick	25591
Neighborhood Public Park, $400,000 shall be used for the Wayne	25592
County Rails to Trails Project, $350,000 shall be used by	25593
Franklin County Metro Parks for the Whittier Peninsula Park,	25594
$350,000 shall be used for the Perry Township Park, $333,333 shall	25595
be used for the East Bank of the Flats, $300,000 shall be used for	25596
the New Richmond Park, $300,000 shall be used for the Beavercreek	25597
Wildlife Education Center, $300,000 shall be used for the	25598
Versailles Park Project, $300,000 shall be used for the Madison	25599
Township Park, $284,000 shall be used for the Bike and Pedestrian	25600
Path - SugarTree Corridor, $275,000 shall be used for the	25601
Montville Township Park Project, $250,000 shall be used for the	25602
Grand Lake St. Mary's Shoreline Rip Rap Project, $250,000 shall be	25603
used for the West Chester Beckett Park Improvements, $250,000	25604
shall be used for the City of Strongsville Family Aquatic Center,	25605
$250,000 shall be used for the Reis Park improvements, $250,000	25606
shall be used for the McIntyre Park Hiking and Biking Trails,	25607
$250,000 shall be used for the Circleville Community Park Project,	25608
$250,000 shall be used for the Fremont Area Foundation Park	25609
athletic facilities, $250,000 shall be used for the Alliance Park,	25610
$250,000 shall be used for the Audobon Ohio Nature Center,	25611
$200,000 shall be used for the Maple Heights Pool/Park	25612
improvements, $200,000 shall be used for the Lancaster Community	25613
Parks revitalization, $200,000 shall be used for the Grandview	25614
Yard Public Park, $200,000 shall be used for the Wyoming City	25615
Regional Park, $200,000 shall be used for the Chagrin River	25616
Lakefront Park, $200,000 shall be used for the Aullwood Audobon	25617
Center, $400,000 shall be used for the Austin Pike Project - land	25618
acquisition, $200,000 shall be used for the Mary Virginia Crites	25619
Hammum Community Park, $200,000 shall be used for the Canton Spray	25620
Park, $150,000 shall be used for the Lima Historic Athletic Field,	25621
$150,000 shall be used for the Myers Memorial Bandshell, $150,000	25622
shall be used for the City of Logan Park/Pool improvements,	25623
$150,000 shall be used for the Houston Fisher Memorial Park	25624
improvements, $150,000 shall be used for the Indian Lake State	25625
Park Campground Electrical Improvements, $150,000 shall be used	25626
for the Avon Lake Veterans Park improvements, $125,000 shall be	25627
used for the York Township Park land acquisition, $124,500 shall	25628
be used for the Salt Fork Concession Stand, $100,000 shall be	25629
used for the Monroe Veterans' Memorial Park, $100,000 shall be	25630
used for the Rivers Edge Bikeway, $100,000 shall be used for the	25631
Mayfield Heights Park Facility improvement, $100,000 shall be	25632
used for the Auburn Township Community Park, $100,000 shall be	25633
used for the Kidron Community Park Improvements, $100,000 shall be	25634
used for the Lucas County Marina, $100,000 shall be used for the	25635
Youngstown City Park, $100,000 shall be used for the Salisbury	25636
Township Park improvements/land acquisition, $100,000 shall be	25637
used for the Community Built Playground, $100,000 shall be used	25638
for the Burkes Point Park, $100,000 shall be used for the	25639
Barberton Newton Park, $100,000 shall be used for the Crown Point	25640
Conservation Easement, $100,000 shall be used for the Mudbrook	25641
Trail and Greenway Project, $50,000 shall be used for the	25642
Mahoning River Water Trail, $100,000 shall be used for the	25643
Moonville Rail Trail Project, $100,000 shall be used for the	25644
Springboro Park improvements, $75,000 shall be used for the Ault	25645
Park improvements, $75,000 shall be used for the Willard Soccer	25646
and Football Park Project, $75,000 shall be used for the	25647
Austintown Nature Rooms, $75,000 shall be used for the Meigs	25648
Local Enrichment Project Multi-Purpose Complex, $75,000 shall be	25649
used for the Miracle League facility - Muskingum County, $70,000	25650
shall be used for the City of Nelsonville Park/land acquisition,	25651
$65,000 shall be used for the Village of Jacksonville Park	25652
improvements, $58,500 shall be used by the Greene County Parks and	25653
Recreation Department for Greene County Park improvements, $50,000	25654
shall be used for the Ohio Wildlife Center, $50,000 shall be used	25655
for the Kelley's Island Park Restroom PHASE II, $50,000 shall be	25656
used for the Little League Challenger Field - Cambridge, $50,000	25657
shall be used for the Avon Isle Park improvements, $46,000 shall	25658
be used for the Huntington Township Park Projects, $35,000 shall	25659
be used for the Village of Buchtel Park improvements, $35,000	25660
shall be used for the Village of Syracuse Park improvements,	25661
$30,000 shall be used for the Village of Albany Park improvements,	25662
$30,000 shall be used for the Village of Aberdeen Boat Dock,	25663
$30,000 shall be used for the Village of Hamler Parks improvement,	25664
$25,000 shall be used for the Coshocton Children's Park, $25,000	25665
shall be used for the Alt Park improvements, $25,000 shall be used	25666
for the Cambridge Handicapped Playground, $25,000 shall be used	25667
for the Murray City Community Parks improvement, $25,000 shall be	25668
used for the Marblehead Lighthouse State Park - Replica Life Boat	25669
Station, $25,000 shall be used for the Village of Attica Park	25670
Maintenance, $20,000 shall be used for the Village of Stockport	25671
Park improvements, $15,000 shall be used for the Village of	25672
Salineville Baseball Field, $15,000 shall be used for the City of	25673
Parma Greenbriar Commons Park Walking Trail, $10,000 shall be used	25674
for the Village of Albany Bike Paths, $10,000 shall be used for	25675
the Salem Park Board, $10,000 shall be used for the Village of	25676
Pomeroy Mini Park improvements, $10,000 shall be used for the	25677
Skyvue Outdoor Classroom, and $6,000 shall be used for the	25678
Wadsworth Skate Park.	25679

Section 235.11. For the appropriations in Section 235.10 of	25680
this act, the Department of Natural Resources shall periodically	25681
prepare and submit to the Director of Budget and Management the	25682
estimated design, planning, and engineering costs of	25683
capital-related work to be done by the Department for each	25684
project. Based on the estimates, the Director of Budget and	25685
Management may release appropriations from the foregoing	25686
appropriation item C725E6, Project Planning, within the Parks and	25687
Recreation Improvement Fund (Fund 7035), to pay for design,	25688
planning, and engineering costs incurred by the Department for the	25689
projects. Upon release of the appropriations by the Director of	25690
Budget and Management, the Department shall pay for these	25691
expenses from the Parks Capital Expenses Fund (Fund 2270), and	25692
shall be reimbursed from the Parks and Recreation Improvement	25693
Fund (Fund 7035) using an intrastate voucher.	25694

Section 235.12. The Treasurer of State is hereby authorized	25695
to issue and sell, in accordance with Section 2i of Article VIII,	25696
Ohio Constitution, and Chapter 154. of the Revised Code,	25697
particularly section 154.22 of the Revised Code, original	25698
obligations in an aggregate principal amount not to exceed	25699
$41,000,000, in addition to the original issuance of obligations	25700
heretofore authorized by prior acts of the General Assembly. These	25701
authorized obligations shall be issued, subject to applicable	25702
constitutional and statutory limitations, to pay the costs of	25703
capital facilities for parks and recreation as defined in section	25704
154.01 of the Revised Code.	25705

Section 235.13. (A) No capital improvement appropriations	25706
made in Section 235.10 of this act shall be released for planning	25707
or for improvement, renovation, or construction or acquisition of	25708
capital facilities if a governmental agency, as defined in section	25709
154.01 of the Revised Code, does not own the real property that	25710
constitutes the capital facilities or on which the capital	25711
facilities are or will be located. This restriction does not apply	25712
in any of the following circumstances:	25713

(1) The governmental agency has a long-term (at least fifteen	25714
years) lease of, or other interest (such as an easement) in, the	25715
real property.	25716

(2) In the case of an appropriation for capital facilities	25717
for parks and recreation that, because of their unique nature or	25718
location, will be owned or be part of facilities owned by a	25719
separate nonprofit organization and made available to the	25720
governmental agency for its use or operated by the nonprofit	25721
organization under contract with the governmental agency, the	25722
nonprofit organization either owns or has a long-term (at least	25723
fifteen years) lease of the real property or other capital	25724
facility to be improved, renovated, constructed, or acquired and	25725
has entered into a joint or cooperative use agreement, approved by	25726
the Department of Natural Resources, with the governmental agency	25727
for that agency's use of and right to use the capital facilities	25728
to be financed and, if applicable, improved, the value of such use	25729
or right to use being, as determined by the parties, reasonably	25730
related to the amount of the appropriation.	25731

(B) In the case of capital facilities referred to in division	25732
(A)(2) of this section, the joint or cooperative use agreement	25733
shall include, as a minimum, provisions that:	25734

(1) Specify the extent and nature of that joint or	25735
cooperative use, extending for not fewer than fifteen years, with	25736
the value of such use or right to use to be, as determined by the	25737
parties and approved by the approving department, reasonably	25738
related to the amount of the appropriation;	25739

(2) Provide for pro rata reimbursement to the state should	25740
the arrangement for joint or cooperative use by a governmental	25741
agency be terminated; and	25742

(3) Provide that procedures to be followed during the capital	25743
improvement process will comply with appropriate applicable state	25744
statutes and rules, including the provisions of this act.	25745

Section 237.10. The items set forth in this section are	25746
hereby appropriated out of any moneys in the state treasury to the	25747
credit of the State Capital Improvements Fund (Fund 7038) that	25748
are not otherwise appropriated.	25749

Appropriations

PWC PUBLIC WORKS COMMISSION	25750

C15000	Local Public Infrastructure	$	120,000,000	25751
Total Public Works Commission		$	120,000,000	25752
TOTAL State Capital Improvements Fund		$	120,000,000	25753

The foregoing appropriation item C15000, Local Public	25754
Infrastructure, shall be used in accordance with sections 164.01	25755
to 164.12 of the Revised Code. The Director of the Public Works	25756
Commission may certify to the Director of Budget and Management	25757
that a need exists to appropriate investment earnings to be used	25758
in accordance with sections 164.01 to 164.12 of the Revised Code.	25759
If the Director of Budget and Management determines pursuant to	25760
division (D) of section 164.08 and section 164.12 of the Revised	25761
Code that investment earnings are available to support additional	25762
appropriations, such amounts are hereby appropriated.	25763

If the Public Works Commission receives refunds due to	25764
project overpayments that are discovered during a post-project	25765
audit, the Director of the Public Works Commission may certify to	25766
the Director of Budget and Management that refunds have been	25767
received. In certifying the refunds, the Director of the Public	25768
Works Commission shall provide the Director of Budget and	25769
Management information on the project refunds. The certification	25770
shall detail by project the source and amount of project	25771
overpayments received and include any supporting documentation	25772
required or requested by the Director of Budget and Management.	25773
Upon receipt of the certification, the Director of Budget and	25774
Management shall determine if the project refunds are necessary to	25775
support existing appropriations. If the project refunds are	25776
available to support additional appropriations, these amounts are	25777
hereby appropriated to appropriation item C15030, Revolving Loan.	25778

Section 237.11. The Ohio Public Facilities Commission is	25779
hereby authorized to issue and sell, in accordance with Section 2p	25780
of Article VIII, Ohio Constitution, and sections 151.01 and	25781
151.08 of the Revised Code, original obligations of the state, in	25782
an aggregate principal amount not to exceed $120,000,000, in	25783
addition to the original obligations heretofore authorized by	25784
prior acts of the General Assembly. These authorized obligations	25785
shall be issued and sold from time to time and in amounts	25786
necessary to ensure sufficient moneys to the credit of the State	25787
Capital Improvements Fund (Fund 7038) to pay costs of capital	25788
improvement projects of local subdivisions.	25789

Section 239.10. The items set forth in this section are	25790
hereby appropriated out of any moneys in the state treasury to	25791
the credit of the Clean Ohio Conservation Fund (Fund 7056) that	25792
are not otherwise appropriated.	25793

Appropriations

PWC PUBLIC WORKS COMMISSION	25794

C15060	Clean Ohio Conservation	$	30,000,000	25795
Total Public Works Commission		$	30,000,000	25796
TOTAL Clean Ohio Conservation Fund		$	30,000,000	25797

The foregoing appropriation item C15060, Clean Ohio	25798
Conservation, shall be used in accordance with sections 164.20 to	25799
164.27 of the Revised Code. If the Public Works Commission	25800
receives refunds due to project overpayments that are discovered	25801
during the post-project audit, the Director of the Public Works	25802
Commission may certify to the Director of Budget and Management	25803
that refunds have been received. If the Director of Budget and	25804
Management determines that the project refunds are available to	25805
support additional appropriations, such amounts are hereby	25806
appropriated.	25807

Section 241.10. The items set forth in this section are	25808
hereby appropriated out of any moneys in the state treasury to	25809
the credit of the Clean Ohio Agricultural Easement Fund (Fund	25810
7057) that are not otherwise appropriated.	25811

Appropriations

AGR DEPARTMENT OF AGRICULTURE	25812

C70009	Clean Ohio Agricultural Easements	$	5,000,000	25813
Total Department of Agriculture		$	5,000,000	25814
TOTAL Clean Ohio Agricultural Easement Fund		$	5,000,000	25815

Section 243.10. The items set forth in this section are	25817
hereby appropriated out of any moneys in the state treasury to	25818
the credit of the Clean Ohio Trail Fund (Fund 7061) that are not	25819
otherwise appropriated.	25820

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	25821

C72514	Clean Ohio Trail - Grants	$	5,000,000	25822
Total Department of Natural Resources		$	5,000,000	25823
TOTAL Clean Ohio Trail Fund		$	5,000,000	25824

Section 243.11. The Ohio Public Facilities Commission is	25826
hereby authorized to issue and sell, in accordance with Section	25827
2o of Article VIII, Ohio Constitution, and pursuant to sections	25828
151.01 and 151.09 of the Revised Code, original obligations of	25829
the state in an aggregate principal amount not to exceed	25830
$40,000,000 in addition to the original issuance of obligations	25831
heretofore authorized by prior acts of the General Assembly.	25832
These authorized obligations shall be issued and sold from time	25833
to time, subject to applicable constitutional and statutory	25834
limitations, as needed to ensure sufficient moneys to the credit	25835
of the Clean Ohio Conservation Fund (Fund 7056), the Clean Ohio	25836
Agricultural Easement Fund (Fund 7057), and the Clean Ohio Trail	25837
Fund (Fund 7061) to pay costs of conservation projects.	25838

Section 245.10. Notwithstanding any provision of law to the	25839
contrary, the Director of Budget and Management, with the written	25840
concurrence of the Director of Public Safety, may transfer cash	25841
temporarily from the Highway Safety Fund (Fund 7036) to the	25842
Highway Safety Building Fund (Fund 7025), and the cash may be	25843
used to fund projects previously appropriated by acts of the	25844
General Assembly. The transfers shall be made for the purpose of	25845
providing cash to support appropriations or encumbrances that	25846
exist on the effective date of this section. At such time as	25847
obligations are issued for Highway Safety Building Fund projects,	25848
the Director of Budget and Management shall transfer from the	25849
Highway Safety Building Fund to the Highway Safety Fund any	25850
amounts originally transferred to the Highway Safety Building	25851
Fund under this section.	25852

Section 247.10. CERTIFICATION OF AVAILABILITY OF MONEYS

25853

Moneys that require release shall not be expended from any	25854
appropriation contained in this act without certification of the	25855
Director of Budget and Management that there are sufficient moneys	25856
in the state treasury in the fund from which the appropriation is	25857
made. Such certification shall be based on estimates of revenue,	25858
receipts, and expenses. Nothing in this section limits the	25859
authority granted to the Director of Budget and Management in	25860
section 126.07 of the Revised Code.	25861

Section 249.10. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

25862

The appropriations made in this act, excluding those made to	25863
the State Capital Improvement Fund (Fund 7038) and the State	25864
Capital Improvements Revolving Loan Fund (Fund 7040) for buildings	25865
or structures, including remodeling and renovations, are limited	25866
to:	25867

(A) Acquisition of real property or interests in real	25868
property;	25869

(B) Buildings and structures, which include construction,	25870
demolition, complete heating, lighting and lighting fixtures, all	25871
necessary utilities, and ventilating, plumbing, sprinkling, and	25872
sewer systems, when such systems are authorized or necessary;	25873

(C) Architectural, engineering, and professional services	25874
expenses directly related to the projects;	25875

(D) Machinery that is a part of structures at the time of	25876
initial acquisition or construction;	25877

(E) Acquisition, development, and deployment of new computer	25878
systems, including the redevelopment or integration of existing	25879
and new computer systems, but excluding regular or ongoing	25880
maintenance or support agreements;	25881

(F) Equipment that meets all the following criteria:

25882

(1) The equipment is essential in bringing the facility up to	25883
its intended use;	25884

(2) The unit cost of the equipment, and not the individual	25885
parts of a unit, is about $100 or more;	25886

(3) The equipment has a useful life of five years or more;	25887
and	25888

(4) The equipment is necessary for the functioning of the	25889
particular facility or project.	25890

Equipment shall not be paid for from these appropriations	25891
that is not an integral part of or directly related to the basic	25892
purpose or function of a project for which moneys are	25893
appropriated. This paragraph does not apply to appropriation items	25894
specifically for equipment.	25895

Section 251.10. CONTINGENCY RESERVE REQUIREMENT

25896

Any request for release of capital appropriations by the	25897
Director of Budget and Management or the Controlling Board of	25898
capital appropriations for projects, the contracts for which are	25899
awarded by the Department of Administrative Services, shall	25900
contain a contingency reserve, the amount of which shall be	25901
determined by the Department of Administrative Services, for	25902
payment of unanticipated project expenses. Any amount deducted	25903
from the encumbrance for a contractor's contract as an assessment	25904
for liquidated damages shall be added to the encumbrance for the	25905
contingency reserve. Contingency reserve funds shall be used to	25906
pay costs resulting from unanticipated job conditions, to comply	25907
with rulings regarding building and other codes, to pay costs	25908
related to errors or omissions in contract documents, to pay costs	25909
associated with changes in the scope of work, and to pay the cost	25910
of settlements and judgments related to the project.	25911

Any funds remaining upon completion of a project may, upon	25912
approval of the Controlling Board, be released for the use of the	25913
agency or instrumentality to which the appropriation was made for	25914
other capital facilities projects.	25915

Section 253.10. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	25916
PROJECTS	25917

Notwithstanding sections 123.01 and 123.15 of the Revised	25918
Code, the Director of Administrative Services may authorize the	25919
Departments of Mental Health, Mental Retardation and Developmental	25920
Disabilities, Agriculture, Job and Family Services, Rehabilitation	25921
and Correction, Youth Services, Public Safety, Transportation, and	25922
the Ohio Veterans' Home to administer any capital facilities	25923
projects, the estimated cost of which, including design fees,	25924
construction, equipment, and contingency amounts, is less than	25925
$1,500,000. Requests for authorization to administer capital	25926
facilities projects shall be made in writing to the Director of	25927
Administrative Services by the applicable state agency within	25928
sixty days after the effective date of the section of law in which	25929
the General Assembly initially makes an appropriation for the	25930
project. Upon the release of funds for the projects by the	25931
Controlling Board or the Director of Budget and Management, the	25932
agency may administer the capital project or projects for which	25933
agency administration has been authorized without the supervision,	25934
control, or approval of the Director of Administrative Services.	25935

A state agency authorized by the Director of Administrative	25936
Services to administer capital facilities projects pursuant to	25937
this section shall comply with the applicable procedures and	25938
guidelines established in Chapter 153. of the Revised Code.	25939

Section 255.10. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	25940
AGAINST THE STATE	25941

Except as otherwise provided in this section, an	25942
appropriation contained in this act or in any other act may be	25943
used for the purpose of satisfying judgments, settlements, or	25944
administrative awards ordered or approved by the Court of Claims	25945
or by any other court of competent jurisdiction in connection with	25946
civil actions against the state. This authorization does not apply	25947
to appropriations that are to be applied to or used for payment of	25948
guarantees by or on behalf of the state, or for payments under	25949
lease agreements relating to or debt service on bonds, notes, or	25950
other obligations of the state. Notwithstanding any other section	25951
of law to the contrary, this authorization includes appropriations	25952
from funds into which proceeds or direct obligations of the state	25953
are deposited only to the extent that the judgment, settlement, or	25954
administrative award is for or represents capital costs for which	25955
the appropriation may otherwise be used and is consistent with the	25956
purpose for which any related obligations were issued or entered	25957
into. Nothing contained in this section is intended to subject the	25958
state to suit in any forum in which it is not otherwise subject to	25959
suit, and it is not intended to waive or compromise any defense or	25960
right available to the state in any suit against it.	25961

Section 257.10. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	25962
AND MANAGEMENT	25963

Notwithstanding section 126.14 of the Revised Code,	25964
appropriations for appropriation item C50101, Community-Based	25965
Correctional Facilities, appropriated from the Adult Correctional	25966
Building Fund (Fund 7027) to the Department of Rehabilitation and	25967
Correction, shall be released upon the written approval of the	25968
Director of Budget and Management. The appropriations from the	25969
Public School Building Fund (Fund 7021) and the School Building	25970
Program Assistance Fund (Fund 7032) to the School Facilities	25971
Commission, from the Clean Ohio Conservation Fund (Fund 7056), the	25972
State Capital Improvement Fund (Fund 7038), and the State Capital	25973
Improvements Revolving Loan Fund (Fund 7040) to the Public Works	25974
Commission, shall be released upon presentation of a request to	25975
release the funds, by the agency to which the appropriation has	25976
been made, to the Director of Budget and Management.	25977

Section 259.10. PREVAILING WAGE REQUIREMENT

25978

Except as provided in section 4115.04 of the Revised Code,	25979
moneys appropriated or reappropriated by the 127th General	25980
Assembly shall not be used for the construction of public	25981
improvements, as defined in section 4115.03 of the Revised Code,	25982
unless the mechanics, laborers, or workers engaged therein are	25983
paid the prevailing rate of wages prescribed in section 4115.04 of	25984
the Revised Code. Nothing in this section affects the wages and	25985
salaries established for state employees under Chapter 124. of the	25986
Revised Code, or collective bargaining agreements entered into by	25987
the state under Chapter 4117. of the Revised Code, while engaged	25988
on force account work, nor does this section interfere with the	25989
use of inmate and patient labor by the state.	25990

Section 261.10. CAPITAL FACILITIES LEASES

25991

Capital facilities for which appropriations are made from the	25992
Highway Safety Building Fund (Fund 7025), the Administrative	25993
Building Fund (Fund 7026), the Adult Correctional Building Fund	25994
(Fund 7027), and the Juvenile Correctional Building Fund (Fund	25995
7028) may be leased by the Ohio Building Authority to the	25996
Department of Public Safety, the Department of Youth Services,	25997
the Department of Administrative Services, and the Department of	25998
Rehabilitation and Correction, and other agreements may be made	25999
by the Ohio Building Authority and the departments with respect	26000
to the use or purchase of such capital facilities, or, subject to	26001
the approval of the director of the department or the commission,	26002
the Ohio Building Authority may lease the capital facilities to,	26003
and make other agreements with respect to the use or purchase of	26004
the capital facilities with, any governmental agency or nonprofit	26005
corporation having authority under law to own, lease, or operate	26006
the capital facilities. The director of the department or the	26007
commission may sublease the capital facilities to, and make other	26008
agreements with respect to the use or purchase of the capital	26009
facilities with, any such governmental agency or nonprofit	26010
corporation, which agreements may include provisions for	26011
transmittal of receipts of the agency or nonprofit corporation of	26012
any charges for the use of the facilities, all upon such terms	26013
and conditions as the parties may agree upon and subject to any	26014
other provision of law affecting the leasing, acquisition, or	26015
disposition of capital facilities by the parties.	26016

Section 263.10. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	26017
MANAGEMENT	26018

The Director of Budget and Management shall authorize both of	26019
the following:	26020

(A) The initial release of moneys for projects from the funds	26021
into which proceeds of direct obligations of the state are	26022
deposited; and	26023

(B) The expenditure or encumbrance of moneys from funds into	26024
which proceeds of direct obligations are deposited, but only after	26025
determining to the director's satisfaction that either of the	26026
following applies:	26027

(1) The application of the moneys to the particular project	26028
will not negatively affect any exemption or exclusion from federal	26029
income tax of the interest or interest equivalent on obligations	26030
issued to provide moneys to the particular fund.	26031

(2) Moneys for the project will come from the proceeds of	26032
obligations, the interest on which is not so excluded or exempt	26033
and which have been authorized as "taxable obligations" by the	26034
issuing authority.	26035

The director shall report any nonrelease of moneys pursuant	26036
to this section to the Governor, to the Speaker of the House of	26037
Representatives, to the President of the Senate, and to the agency	26038
for the use of which the project is intended.	26039

Section 265.10. SCHOOL FACILITIES ENCUMBRANCES AND	26040
REAPPROPRIATION	26041

At the request of the Executive Director of the Ohio School	26042
Facilities Commission, the Director of Budget and Management may	26043
cancel encumbrances for school district projects from a previous	26044
biennium if the district has not raised its local share of project	26045
costs within one year after receiving Controlling Board approval	26046
in accordance with section 3318.05 of the Revised Code. The	26047
Executive Director of the Ohio School Facilities Commission shall	26048
certify the amounts of these canceled encumbrances to the Director	26049
of Budget and Management on a quarterly basis. The amounts of the	26050
canceled encumbrances are hereby appropriated.	26051

Section 267.10. CERTIFICATE OF NEED REQUIREMENT

26052

An appropriation for a health care facility authorized under	26053
this act may not be released until the requirements of sections	26054
3702.51 to 3702.62 of the Revised Code have been met.	26055

Section 269.10. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	26056
ABATEMENT LITIGATION	26057

All proceeds received by the state as a result of litigation,	26058
judgments, settlements, or claims, filed by or on behalf of any	26059
state agency, as defined by section 1.60 of the Revised Code, or	26060
state-supported or state-assisted institution of higher education,	26061
for damages or costs resulting from the use, removal, or hazard	26062
abatement of asbestos materials shall be deposited in the Asbestos	26063
Abatement Distribution Fund (Fund 6740). All funds deposited into	26064
the Asbestos Abatement Distribution Fund are hereby appropriated	26065
to the Attorney General. To the extent practicable, the proceeds	26066
placed in the Asbestos Abatement Distribution Fund shall be	26067
divided among the state agencies and state-supported or	26068
state-assisted institutions of higher education in accordance with	26069
the general provisions of the litigation regarding the percentage	26070
of recovery. Distribution of the proceeds to each state agency or	26071
state-supported or state-assisted institution of higher education	26072
shall be made in accordance with the Asbestos Abatement	26073
Distribution Plan to be developed by the Attorney General, the	26074
General Services Division within the Department of Administrative	26075
Services, and the Office of Budget and Management.	26076

In those circumstances where asbestos litigation proceeds are	26077
for reimbursement of expenditures made with funds outside the	26078
state treasury or damages to buildings not constructed with state	26079
appropriations, direct payments shall be made to the affected	26080
institutions of higher education. Any proceeds received for	26081
reimbursement of expenditures made with funds within the state	26082
treasury or damages to buildings occupied by state agencies shall	26083
be distributed to the affected agencies with an intrastate	26084
transfer voucher to the funds identified in the Asbestos Abatement	26085
Distribution Plan.	26086

These proceeds shall be used for additional asbestos	26087
abatement or encapsulation projects, or for other capital	26088
improvements, except that proceeds distributed to the General	26089
Revenue Fund and other funds that are not bond improvement funds	26090
may be used for any purpose. The Controlling Board may, for bond	26091
improvement funds, create appropriation items or increase	26092
appropriation authority in existing appropriation items equaling	26093
the amount of the proceeds. The amounts approved by the	26094
Controlling Board are hereby appropriated. The proceeds deposited	26095
in bond improvement funds shall not be expended until released by	26096
the Controlling Board, which shall require certification by the	26097
Director of Budget and Management that the proceeds are sufficient	26098
and available to fund the additional anticipated expenditures.	26099

Section 271.10. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	26100
REVISED CODE	26101

The capital improvements for which appropriations are made in	26102
this act from the Third Frontier Research and Development Fund	26103
(Fund 7011), the Job Ready Site Development Fund (Fund 7012), the	26104
Ohio Parks and Natural Resources Fund (Fund 7031), the School	26105
Building Program Assistance Fund (Fund 7032), the Higher Education	26106
Improvement Fund (Fund 7034), the State Capital Improvements Fund	26107
(Fund 7038), the Clean Ohio Conservation Fund (Fund 7056), the	26108
Clean Ohio Agricultural Easement Fund (Fund 7057), and the Clean	26109
Ohio Trail Fund (Fund 7061) are determined to be capital	26110
improvements and capital facilities for research and development,	26111
preparation of sites, natural resources, a statewide system of	26112
common schools, state-supported and state-assisted institutions	26113
of higher education, local subdivision capital improvement	26114
projects, and conservation purposes (under the Clean Ohio	26115
Program) and are designated as capital facilities to which	26116
proceeds of obligations issued under Chapter 151. of the Revised	26117
Code are to be applied.	26118

Section 273.10. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	26119
REVISED CODE	26120

The capital improvements for which appropriations are made in	26121
this act from the Highway Safety Building Fund (Fund 7025), the	26122
Administrative Building Fund (Fund 7026), the Adult Correctional	26123
Building Fund (Fund 7027), the Juvenile Correctional Building Fund	26124
(Fund 7028), and the Transportation Building Fund (Fund 7029) are	26125
determined to be capital improvements and capital facilities for	26126
housing state agencies and branches of state government and are	26127
designated as capital facilities to which proceeds of obligations	26128
issued under Chapter 152. of the Revised Code are to be applied.	26129

Section 273.20. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	26130
REVISED CODE	26131

The capital improvements for which appropriations are made in	26132
this act from the Cultural and Sports Facilities Building Fund	26133
(Fund 7030), the Mental Health Facilities Improvement Fund (Fund	26134
7033), and the Parks and Recreation Improvement Fund (Fund 7035)	26135
are determined to be capital improvements and capital facilities	26136
for housing state agencies and branches of government, mental	26137
hygiene and retardation, and parks and recreation and are	26138
designated as capital facilities to which proceeds of obligations	26139
issued under Chapter 154. of the Revised Code are to be applied.	26140

Section 275.10. TRANSFER OF OPEN ENCUMBRANCES

26141

Upon the request of the agency to which a capital project	26142
appropriation item is appropriated, the Director of Budget and	26143
Management may transfer open encumbrance amounts between separate	26144
encumbrances for the project appropriation item to the extent that	26145
any reductions in encumbrances are agreed to by the contracting	26146
vendor and the agency.	26147

Section 277.10. LITIGATION PROCEEDS TO THE ADMINISTRATIVE	26148
BUILDING FUND	26149

Any proceeds received by the state as the result of	26150
litigation or a settlement agreement related to any liability for	26151
the planning, design, engineering, construction, or construction	26152
management of facilities operated by the Department of	26153
Administrative Services shall be deposited into the Administrative	26154
Building Fund (Fund 7026).	26155

Section 279.10. COAL RESEARCH AND DEVELOPMENT BONDS

26156

The Ohio Public Facilities Commission, upon the request of	26157
the Director of the Ohio Coal Development Office with the advice	26158
of the Technical Advisory Committee created in section 1551.35 of	26159
the Revised Code and with the approval of the Director of the Air	26160
Quality Development Authority, is hereby authorized to issue and	26161
sell, in accordance with Section 15 of Article VIII, Ohio	26162
Constitution, and Chapter 151. of the Revised Code, and	26163
particularly sections 151.01 and 151.07 and other applicable	26164
sections of the Revised Code, bonds or other obligations of the	26165
state heretofore authorized by prior acts of the General Assembly.	26166
The obligations shall be issued, subject to applicable	26167
constitutional and statutory limitations, to provide sufficient	26168
moneys to the credit of the Coal Research and Development Fund	26169
created in section 1555.15 of the Revised Code to pay costs	26170
charged to the fund when due as estimated by the Director of the	26171
Ohio Coal Development Office.	26172

Section 281.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

26173

The Ohio Administrative Knowledge System (OAKS) shall be an	26174
enterprise resource planning system that replaces the state's	26175
central services infrastructure systems, including the Central	26176
Accounting System, the Human Resources/Payroll System, the Capital	26177
Improvements Projects Tracking System, the Fixed Assets Management	26178
System, and the Procurement System. The Department of	26179
Administrative Services, in conjunction with the Office of Budget	26180
and Management, may acquire the system, including, but not limited	26181
to, the enterprise resource planning software and installation and	26182
implementation thereof, pursuant to Chapter 125. of the Revised	26183
Code. Any lease-purchase arrangement utilized under Chapter 125.	26184
of the Revised Code, including any fractionalized interest therein	26185
as defined in division (N) of section 133.01 of the Revised Code,	26186
shall provide at the end of the lease period that OAKS shall	26187
become the property of the state.	26188

Section 283.10. Sections of this act prefixed with a section	26189
number in the 200s are and remain in full force and effect	26190
commencing on July 1, 2008, and terminating on June 30, 2010,	26191
for the purpose of drawing money from the state treasury in	26192
payment of liabilities lawfully incurred under those sections,	26193
and on June 30, 2010, and not before, the moneys hereby	26194
appropriated lapse into the funds from which they are severally	26195
appropriated. If, under Section 1c of Article II, Ohio	26196
Constitution, the sections of this act prefixed with a section	26197
number in the 200s do not take effect until after July 1, 2008,	26198
the sections are and remain in full force and effect commencing	26199
on that effective date.	26200

Section 503.10. GENERAL OBLIGATIONS ADJUSTMENTS TO REFLECT	26201
TOBACCO SECURITIZATION	26202

In accordance with divisions (A)(5) and (6) of Section 518.03	26203
of H.B. 119 of the 127th General Assembly, the existing	26204
authorizations granted in prior acts of the General Assembly to	26205
issue and sell obligations under Section 2n of Article VIII, Ohio	26206
Constitution, to pay costs of facilities for (1) a system of	26207
common schools throughout the state is hereby reduced from	26208
$4,145,000,000 to $3,345,000,000, and (2) state-supported and	26209
state-assisted institutions of higher education is hereby reduced	26210
from $2,957,000,000 to $2,007,000,000.	26211

Section 503.20. OHIO DENTAL LOAN REPAYMENT PROGRAM

26212

On July 1, 2008, or as soon as possible thereafter, the	26213
Director of Budget and Management shall cancel any existing	26214
encumbrances against the Board of Regents' appropriation item	26215
235624, Ohio Dental Loan Repayment, and re-establish them against	26216
the Department of Health's appropriation item 440624, Ohio Dental	26217
Loan Repayment. The amounts of the re-established encumbrances	26218
are hereby appropriated.	26219

On July 1, 2008, or as soon as possible thereafter, the	26220
Chancellor of the Board of Regents shall certify to the Director	26221
of Budget and Management the amount of cash and any outstanding	26222
encumbrances for the Dental Loan Repayment Program remaining in	26223
the National Health Services Corps – Ohio Loan Repayment Fund	26224
(Fund 3T00). The Director of Budget and Management shall transfer	26225
this amount in cash from the National Health Services Corps – Ohio	26226
Loan Repayment Fund (Fund 3T00) to the Federal Public Health	26227
Programs Fund (Fund 3920). In addition, the Director of Budget and	26228
Management shall cancel the outstanding Dental Loan Repayment	26229
Program encumbrances in the National Health Services Corps – Ohio	26230
Loan Repayment Fund (Fund 3T00) and re-establish these	26231
encumbrances in the Federal Public Health Programs Fund (Fund	26232
3920). The amounts of the re-established encumbrances are hereby	26233
appropriated.	26234

On and after the effective date of this section,	26235
administration of the Dental Loan Repayment Program is the	26236
responsibility of the Department of Health.	26237

Section 503.30. OHIO PHYSICIAN LOAN REPAYMENT PROGRAM

26238

On July 1, 2008, the Director of Budget and Management shall	26239
cancel any existing encumbrances against appropriation item	26240
235604, Physician Loan Repayment, and re-establish them against	26241
appropriation item 440628, Ohio Physician Loan Repayment. The	26242
amounts of the re-established encumbrances are hereby	26243
appropriated.	26244

On and after the effective date of this section,	26245
administration of the Physician Loan Repayment Program is the	26246
responsibility of the Department of Health.	26247

Section 515.10. SCHOOL FACILITIES COMMISSION REIMBURSEMENT	26248
FROM PROCEEDS OF TOBACCO SETTLEMENT BONDS	26249

Prior to January 1, 2009, the Executive Director of the Ohio	26250
School Facilities Commission shall report to the Director of	26251
Budget and Management the amount of funds expended between	26252
September 1, 2007, and June 30, 2008, from the Education	26253
Facilities Trust Fund (Fund N087) and from the Public School	26254
Building Fund (Fund 7021) that were eligible to be financed from	26255
the proceeds of the tax-exempt tobacco settlement bonds issued	26256
pursuant to section 183.51 of the Revised Code and were deposited	26257
into the School Building Program Assistance Fund (Fund 7032).	26258
Upon receipt of the report, the Director of Budget and Management	26259
may transfer cash, in the amount reported, from the tobacco	26260
settlement bond proceeds to each of the funds. Appropriations for	26261
the funds are hereby adjusted by the amounts of the cash	26262
transfers.	26263

Section 515.20. CORRECTIVE CASH TRANSFER

26264

On the effective date of this section, or as soon as possible	26265
thereafter, the Director of Budget and Management may transfer	26266
$34,549.45 in cash from the Coal Research and Development Bond	26267
Services Fund (Fund 7076) into the Coal Research and Development	26268
Fund (Fund 7046) to correct deposits that were mistakenly	26269
deposited into the Coal Research and Development Bond Services	26270
Fund (Fund 7076).	26271

Section 515.21. CORRECTIVE CASH TRANSFER

26272

On the effective date of this section, or as soon as possible	26273
thereafter, the Director of Budget and Management may transfer	26274
$5,538.11 in cash from the Coal Research and Development Fund	26275
(Fund 7046) into the Coal Research and Development Bond Services	26276
Fund (Fund 7076) to correct deposits that were mistakenly	26277
deposited into the Coal Research and Development Fund (Fund 7046).	26278

Section 515.30. TRANSFER FROM THE GENERAL REIMBURSEMENT FUND	26279
TO THE PUBLIC HEALTH PRIORITY TRUST FUND	26280

Notwithstanding any provision of law to the contrary, on July	26281
1, 2008, or as soon as possible thereafter, the Director of Budget	26282
and Management shall transfer $950,000 cash from the General	26283
Reimbursement Fund (Fund 1060) to the Public Health Priority Trust	26284
Fund (Fund L087). The amount transferred is hereby appropriated to	26285
appropriation item 440-432, Pneumococcal Vaccines for Children, in	26286
the Department of Health.	26287

Section 515.40. BUDGET STABILIZATION FUND TRANSFERS

26288

The Director of Budget and Management has directed the	26289
following agencies to reduce spending in the following General	26290
Revenue Fund appropriation items. Amounts listed in the first	26291
column are the reductions for fiscal year 2008 and amounts listed	26292
in the second column are the reductions for fiscal year 2009.	26293

Department of Agriculture	26294

	700-403		Animal Disease Control		$	36,540		$	182,702		26295
	700-410		Food Safety		$	8,651		$	43,255		26296

Department of Health	26297

	440-407		Animal Borne Disease and Prevention		$	80,000		$	40,000		26298
	440-418		Immunization		$	80,000		$	40,000		26299

Department of Rehabilitation and Correction	26300

503-321

Parole and Community Operations

1,327,100

5,433,321

26301

Department of Education	26302

200-503

Bus Purchase Allowance

5,128,138

676,200

26303

Department of Job and Family Services	26304

600-502

Child Support Match

3,401,410

26305

Rehabilitation Services Commission	26306

415-431

Office of People with Brain Injury

22,601

26307

Ohio School for the Blind	26308

226-100

Personal Services

354,656

375,966

26309

Ohio School for the Deaf	26310

221-100

Personal Services

438,768

463,193

26311

The Director of Budget and Management shall transfer	26312
$7,476,454 cash in fiscal year 2008 and $10,678,648 cash in fiscal	26313
year 2009 from the Budget Stabilization Fund to the General	26314
Revenue Fund to ensure the full amounts appropriated in Am. Sub.	26315
H.B. 119 of the 127th General Assembly to each of the foregoing	26316
appropriation items are available to the agencies for	26317
expenditure.	26318

Section 610.10. That Sections 315.10 and 555.19 of Am. Sub.	26319
H.B. 67 of the 127th General Assembly be amended to read as	26320
follows:	26321

Sec. 315.10. OHIO TURNPIKE COMMISSION NOISE MITIGATION PILOT	26322
PROJECT	26323

~~There is hereby created the Community Resolution Fund, which~~	26324
~~shall be in the custody of the Treasurer of State but shall not be~~	26325
~~part of the state treasury.~~ Notwithstanding any other provision of	26326
law to the contrary, ~~on the first day of July in each of 2007 and~~	26327
~~2008, or as soon as practicable thereafter in each of those years,~~	26328
~~the Treasurer of State shall transfer cash in the amount of~~	26329
~~$250,000~~the Department of Transportation shall enter into an	26330
agreement on a reimbursement basis with the Ohio Turnpike	26331
Commission for up to $500,000 from the Highway Operating Fund	26332
(Fund 002) ~~to the Community Resolution Fund~~. ~~The Treasurer of~~	26333
~~State~~Under the agreement, the Department of Transportation shall	26334
pay up to $250,000 from the fund ~~early~~ in fiscal year 2008 and up	26335
to $250,000 ~~early~~from the fund in fiscal year 2009 to the Ohio	26336
Turnpike Commission, which shall use the money for the study and	26337
pilot program required by ~~the~~this section.	26338

The Ohio Turnpike Commission shall perform a study of noise	26339
impact mitigation methods or techniques that may be used as an	26340
alternative to traditional sound barriers on the turnpike project.	26341
The study shall examine the viability of alternative noise impact	26342
mitigation methods or techniques that may be installed to	26343
alleviate traffic noise that is in excess of the criteria	26344
contained in the Ohio Department of Transportation's "Standard	26345
Procedures for the Analysis and Abatement of Highway Traffic	26346
Noise." After completing the study, but before ~~June 30~~December	26347
31, 2008, the Ohio Turnpike Commission shall commence a pilot	26348
program utilizing one or more alternative noise impact mitigation	26349
methods or techniques examined in the study, and shall submit a	26350
report containing the results of the pilot program and projected	26351
costs of further implementation to the Turnpike Legislative	26352
Review Committee not later than ~~December~~June 30, ~~2008~~2009.	26353
~~After the fiscal year 2009 payment of $250,000 is made to the~~	26354
~~Ohio Turnpike Commission, the Community Resolution Fund is~~	26355
~~abolished, and the Treasurer of State shall transfer any cash~~	26356
~~balance that remains credited to that fund to the Highway~~	26357
~~Operating Fund.~~	26358

Sec. 555.19. In fiscal year 2008, the Department of	26359
Transportation shall expend at least $400,000 in the township	26360
having the largest ~~geographic area~~population according to the	26361
most recent federal decennial census for a pilot program involving	26362
the installation and operation of a system of portable signal	26363
preemption devices. Use of the devices in the pilot program shall	26364
be in accordance with section 4511.031 of the Revised Code. The	26365
Department shall consult with appropriate township officials in	26366
implementing the pilot program.	26367

Section 610.11. That existing Sections 315.10 and 555.19 of	26368
Am. Sub. H.B. 67 of the 127th General Assembly are hereby	26369
repealed.	26370

Section 610.20. That Section 203.50 of Am. Sub. H.B. 67 of	26371
the 127th General Assembly, as amended by Am. Sub. H.B. 119 of	26372
the 127th General Assembly, be amended to read as follows:	26373

Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES

26374

Of the foregoing appropriation item 772-421, Highway	26375
Construction - State, $5,000,000 shall be used in each fiscal year	26376
during the fiscal year 2008-2009 biennium by the Department of	26377
Transportation for the construction, reconstruction, or	26378
maintenance of public access roads, including support features, to	26379
and within state facilities owned or operated by the Department of	26380
Natural Resources.	26381

Notwithstanding section 5511.06 of the Revised Code, of the	26382
foregoing appropriation item 772-421, Highway Construction -	26383
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009	26384
biennium shall be used by the Department of Transportation for the	26385
construction, reconstruction, or maintenance of park drives or	26386
park roads within the boundaries of metropolitan parks.	26387

Included in the foregoing appropriation item 772-421, Highway	26388
Construction - State, the department may perform related road work	26389
on behalf of the Ohio Expositions Commission at the state	26390
fairgrounds, including reconstruction or maintenance of public	26391
access roads and support features, to and within fairground	26392
facilities as requested by the commission and approved by the	26393
Director of Transportation.	26394

HIGHWAY CONSTRUCTION - FEDERAL

26395

Of the foregoing appropriation item 772-422, Highway	26396
Construction - Federal, $200,000 in fiscal year 2008 shall be used	26397
for the Cleveland Metropolitan Park District West Creek Project.	26398

PUBLIC SCHOOL ENTRANCE IMPROVEMENTS

26399

Of the foregoing appropriation item 779-491,	26400
Administration-State, $4,000,000 in fiscal year 2008, shall be	26401
used by the Department of Transportation to make grants available	26402
for state highway improvements at public school entrances under	26403
the following conditions:	26404

(A) The school is receiving assistance from the Ohio School	26405
Facilities Commission for the renovation or construction of new	26406
school facilities.	26407

(B) The state highway improvements are to be made at	26408
entrances within school zones.	26409

Grant awards shall be limited to $500,000 per school	26410
district, and are contingent on local government officials or the	26411
participating school district, or both, matching 25 per cent of	26412
the improvement cost.	26413

LIQUIDATION OF UNFORESEEN LIABILITIES

26414

Any appropriation made to the Department of Transportation,	26415
Highway Operating Fund, not otherwise restricted by law, is	26416
available to liquidate unforeseen liabilities arising from	26417
contractual agreements of prior years when the prior year	26418
encumbrance is insufficient.	26419

Section 610.21. That existing Section 203.50 of Am. Sub.	26420
H.B. 67 of the 127th General Assembly, as amended by Am. Sub.	26421
H.B. 119 of the 127th General Assembly, is hereby repealed.	26422

Section 610.30. That Sections 210.10 and 512.70 of Am. Sub.	26423
H.B. 100 of the 127th General Assembly be amended to read as	26424
follows:	26425

Sec. 201.10. All items in this section are hereby	26426
appropriated out of any moneys in the state treasury to the credit	26427
of the designated fund. For all appropriations made in ~~this act~~	26428
Am. Sub. H.B. 100 of the 127th General Assembly, those in the	26429
first column are for fiscal year 2008, and those in the second	26430
column are for fiscal year 2009.	26431

FND

AI TITLE

Appropriations

26432

BWC BUREAU OF WORKERS' COMPENSATION	26433

Workers' Compensation Fund Group	26434

023	855-401	William Green Lease Payments to OBA	$	20,436,600	$	20,686,500	26435
023	855-407	Claims, Risk & Medical Management	$	140,367,719	$	140,367,719	26436
023	855-408	Fraud Prevention	$	11,772,551	$	11,772,551	26437
023	855-409	Administrative Services	$	122,962,388	$	122,962,388	26438
023	855-410	Attorney General Payments	$	4,444,085	$	4,444,085	26439
822	855-606	Coal Workers' Fund	$	91,894	$	91,894	26440
823	855-608	Marine Industry	$	53,952	$	53,952	26441
825	855-605	Disabled Workers Relief Fund	$	488,282	$	492,500	26442
826	855-609	Safety & Hygiene Operating	$	20,734,750	$	20,734,750	26443
826	855-610	Safety Grants Program	$	4,000,000	$	~~4,000,000~~ 6,500,000	26444
829	855-604	Long Term Care Loan Program	$	2,000,000	$	2,000,000	26445
TOTAL WCF Workers' Compensation							26446
Fund Group			$	327,352,221	$	~~327,606,339~~ 330,106,339	26447

Federal Special Revenue Fund Group	26448

349	855-601	OSHA Enforcement	$	1,604,140	$	1,604,140	26449
TOTAL FED Federal Special Revenue Fund Group			$	1,604,140	$	1,604,140	26450
TOTAL ALL BUDGET FUND GROUPS			$	328,956,361	$	~~329,210,479~~ 331,710,479	26451

WILLIAM GREEN LEASE PAYMENTS

26452

The foregoing appropriation item 855-401, William Green Lease	26453
Payments to OBA, shall be used for lease payments to the Ohio	26454
Building Authority, and these appropriations shall be used to meet	26455
all payments at the times they are required to be made during the	26456
period from July 1, 2007, to June 30, 2009, by the Bureau of	26457
Workers' Compensation to the Ohio Building Authority pursuant to	26458
leases and agreements made under Chapter 152. of the Revised Code	26459
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly.	26460
Of the amounts received in Fund 023, appropriation item 855-401,	26461
William Green Lease Payments to OBA, up to $41,123,100 shall be	26462
restricted for lease rental payments to the Ohio Building	26463
Authority. If it is determined that additional appropriations are	26464
necessary for such purpose, such amounts are hereby appropriated.	26465

Notwithstanding any other provision of law to the contrary,	26466
all tenants of the William Green Building not funded by the	26467
Workers' Compensation Fund (Fund 023) shall pay their fair share	26468
of the costs of lease payments to the Workers' Compensation Fund	26469
(Fund 023) by intrastate transfer voucher.	26470

WORKERS' COMPENSATION FRAUD UNIT

26471

The Workers' Compensation Section Fund (Fund 195) shall	26472
receive payments from the Bureau of Workers' Compensation at the	26473
beginning of each quarter of each fiscal year to fund expenses of	26474
the Workers' Compensation Fraud Unit of the Attorney General's	26475
Office. Of the foregoing appropriation item 855-410, Attorney	26476
General Payments, $796,346 in fiscal year 2008 and $796,346 in	26477
fiscal year 2009 shall be used to provide these payments.	26478

SAFETY AND HYGIENE

26479

Notwithstanding section 4121.37 of the Revised Code, the	26480
Administrator of Workers' Compensation shall transfer moneys from	26481
the State Insurance Fund so that appropriation item 855-609,	26482
Safety and Hygiene Operating, is provided $20,734,750 in fiscal	26483
year 2008 and $20,734,750 in fiscal year 2009.	26484

OSHA ON-SITE CONSULTATION PROGRAM

26485

The Bureau of Workers' Compensation may designate a portion	26486
of appropriation item 855-609, Safety and Hygiene Operating, to be	26487
used to match federal funding for the federal Occupational Safety	26488
and Health Administration's (OSHA) on-site consultation program.	26489

VOCATIONAL REHABILITATION

26490

The Bureau of Workers' Compensation and the Rehabilitation	26491
Services Commission shall enter into an interagency agreement for	26492
the provision of vocational rehabilitation services and staff to	26493
mutually eligible clients. The bureau shall provide $605,407 in	26494
fiscal year 2008 and $605,407 in fiscal year 2009 from the State	26495
Insurance Fund to fund vocational rehabilitation services and	26496
staff in accordance with the interagency agreement.	26497

FUND BALANCE

26498

Any unencumbered cash balance in excess of $45,000,000 in the	26499
Workers' Compensation Fund (Fund 023) on the thirtieth day of June	26500
of each fiscal year shall be used to reduce the administrative	26501
cost rate charged to employers to cover appropriations for Bureau	26502
of Workers' Compensation operations.	26503

HOLDING ACCOUNT

26504

On July 1, 2007, or as soon as possible thereafter, the	26505
Director of Budget and Management shall transfer the remaining	26506
cash balance in the Camera Center Fund (Fund R46) to the	26507
Administrative Fund (Fund 023). After the transfer, the Camera	26508
Center Fund is abolished.	26509

Sec. 512.70. The Administrator of Workers' Compensation	26510
shall completely transition from use of the Micro Insurance	26511
Reserve Analysis System to a different system or different version	26512
of that system to determine the reserves for use in establishing	26513
premium rates assessed for the purposes of Chapter 4121., 4123.,	26514
4127., or 4131. of the Revised Code on or before ~~June 30~~July 1,	26515
2008. A contract between the Administrator and a vendor for the	26516
System in existence on the effective date of this section shall	26517
expire in accordance with the terms of the contract, and the	26518
Administrator may renew or extend that contract only for a period	26519
of time that does not extend past June 30, 2008.	26520

The Administrator shall transition to a reserve analysis	26521
system that is characterized as transparent in nature and for that	26522
purpose of transparency, satisfies both of the following criteria:	26523

(A) The manner in which the system uses data can be	26524
understood in general terms by employers who are subject to	26525
Chapters 4121., 4123., 4127., and 4131. of the Revised Code and	26526
other persons interested in use of the system;	26527

(B) The type of data the system uses in making reserve	26528
analysis can be explained to employers who are subject to Chapters	26529
4121., 4123., 4127., and 4131. of the Revised Code and other	26530
persons interested in use of the system.	26531

The Administrator shall communicate information describing	26532
the manner in which the new reserve analysis system uses data and	26533
the type of data the system uses in making reserve analysis to	26534
employers who are subject to Chapters 4121., 4123., 4127., and	26535
4131. of the Revised Code and to any other persons who request	26536
such information.	26537

Section 610.31. That existing Sections 201.10 and 512.70 of	26538
Am. Sub. H.B. 100 of the 127th General Assembly are hereby	26539
repealed.	26540

Section 610.40. That Sections 207.20.50, 207.20.70,	26541
207.30.10, 207.30.20, 207.30.30, 235.10, 261.10, 263.10,	26542
263.20.10, 263.30.10, 269.30.30, 269.30.70, 269.40.50,	26543
269.50.30, 275.10, 293.10, 299.10, 309.10, 309.30.13,	26544
309.30.30, 309.30.40, 309.30.41, 309.30.42, 309.40.33, 337.30,	26545
337.30.43, 337.40, 337.40.15, 369.10, 375.10, 379.10, 393.10,	26546
405.10, 407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119	26547
of the 127th General Assembly be amended to read as follows:	26548

Sec. 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

26549

Effective with the implementation of the Multi-Agency Radio	26550
Communications System, the ~~State Chief Information Officer~~	26551
Department of Administrative Services shall collect user fees	26552
from participants in the system. ~~The~~Under the direction of the	26553
Director of Administrative Services, the State Chief Information	26554
Officer, with the advice of the Multi-Agency Radio Communications	26555
System Steering Committee and the Director of Budget and	26556
Management, shall determine the amount of the fees and the manner	26557
by which the fees shall be collected. Such user charges shall	26558
comply with the applicable cost principles issued by the federal	26559
Office of Management and Budget. All moneys from user charges and	26560
fees shall be deposited in the state treasury to the credit of	26561
the Multi-Agency Radio Communications System Administration Fund	26562
(Fund 5C2), which is hereby established in the state treasury.	26563
All interest income derived from the investment of the fund shall	26564
accrue to the fund.	26565

Sec. 207.20.70. OAKS SUPPORT ORGANIZATION

26566

The foregoing appropriation item 100-635, OAKS Support	26567
Organization, shall be used by the ~~Office of Information~~	26568
~~Technology~~Department of Administrative Services to support the	26569
operating costs associated with the implementation and	26570
maintenance of the state's enterprise resource planning system,	26571
OAKS, consistent with its responsibilities under this section and	26572
Chapters 125. and 126. of the Revised Code. The OAKS Support	26573
Organization shall operate and maintain the human capital	26574
management and financial management modules of the state's	26575
enterprise resource planning system to support statewide human	26576
resources and financial management activities administered by the	26577
Department of Administrative Services' human resources division	26578
and the Office of Budget and Management. The OAKS Support	26579
Organization shall recover the costs to establish, operate, and	26580
maintain the OAKS system through intrastate transfer voucher	26581
billings to the Department of Administrative Services and the	26582
Office of Budget and Management. Effective July 1, 2007, the	26583
Department of Administrative Services, with the approval of the	26584
Director of Budget and Management, shall include the recovery of	26585
the costs of administering the human capital management module of	26586
the OAKS System within the human resources services payroll rate.	26587
These revenues shall be deposited to the credit of the Human	26588
Resources Services Fund (Fund 125). Amounts deposited under this	26589
section are hereby appropriated to appropriation item 100-622,	26590
Human Resources Division-Operating. Not less than quarterly, the	26591
Department of Administrative Services shall process the intrastate	26592
transfer billings to transfer cash from the Human Resources	26593
Services Fund (Fund 125) to the OAKS Support Organization Fund	26594
(Fund 5EB) to pay for the OAKS Support Organization costs.	26595

Sec. 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND

26596

(A) As used in this section, "Ohio Business Gateway" refers	26597
to the internet-based system operated by the ~~Office of Information~~	26598
~~Technology~~Department of Administrative Services with the advice	26599
of the Ohio Business Gateway Steering Committee established under	26600
section 5703.57 of the Revised Code. The Ohio Business Gateway is	26601
established to provide businesses a central web site where	26602
various filings and payments are submitted on-line to government.	26603
The information is then distributed to the various government	26604
entities that interact with the business community.	26605

(B) As used in this section:

26606

(1) "State Portal" refers to the official web site of the	26607
state, operated by the ~~Office of Information Technology~~Department	26608
of Administrative Services.	26609

(2) "Shared Hosting Environment" refers to the computerized	26610
system operated by the ~~Office of Information Technology~~Department	26611
of Administrative Services for the purpose of providing	26612
capability for state agencies to host web sites.	26613

(C) There is hereby created in the state treasury the	26614
Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing	26615
appropriation item 100-634, Centralized Gateway Enhancements,	26616
shall be used by the ~~Office of Information Technology~~Department	26617
of Administrative Services to pay the costs of enhancing,	26618
expanding, and operating the infrastructure of the Ohio Business	26619
Gateway, State Portal, and Shared Hosting Environment. ~~The~~Under	26620
the direction of the Director of Administrative Services, the	26621
State Chief Information Officer shall submit periodic spending	26622
plans to the Director of Budget and Management to justify	26623
operating transfers to the fund from the General Revenue Fund.	26624
Upon approval, the Director of Budget and Management shall	26625
transfer approved amounts to the fund, not to exceed the amount	26626
of the annual appropriation in each fiscal year. The spending	26627
plans may be based on the recommendations of the Ohio Business	26628
Gateway Steering Committee or its successor.	26629

Sec. 207.30.20. MAJOR IT PURCHASES AND CONTRACTS

26630

The Director of Administrative Services shall, on the	26631
effective date of this amendment, replace the Director and Chief	26632
Information Officer of the Office of Information Technology in all	26633
contracts executed pursuant to section 125.18 of the Revised Code	26634
and in matters relating to those contracts. Contracts entered into	26635
prior to the effective date of this amendment shall remain in full	26636
force and effect.	26637

Under the direction of the Director of Administrative	26638
Services, the State Chief Information Officer shall compute the	26639
amount of revenue attributable to the amortization of all	26640
equipment purchases and capitalized systems from appropriation	26641
item 100-607, IT ~~Service~~Services Delivery; appropriation item	26642
100-617, Major IT Purchases; and appropriation item CAP-837, Major	26643
IT Purchases, which is recovered by the Office of Information	26644
Technology as part of the rates charged by the IT Service	26645
Delivery Fund (Fund 133) created in section 125.15 of the Revised	26646
Code. The Director of Budget and Management may transfer cash in	26647
an amount not to exceed the amount of amortization computed from	26648
the IT Service Delivery Fund (Fund 133) to the Major IT Purchases	26649
Fund (Fund 4N6).	26650

On or before June 30, 2008, any unencumbered amounts of the	26651
foregoing appropriation item 100-607, IT Services Delivery, that	26652
are attributable to implementation of the NextGen Network for	26653
fiscal year 2008 are hereby appropriated for the same purpose for	26654
fiscal year 2009.	26655

Sec. 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT

26656

~~The~~Under the direction of the Director of Administrative	26657
Services, the State Chief Information Officer, with the approval	26658
of the Director of Budget and Management, may establish an	26659
information technology assessment for the purpose of recovering	26660
the cost of selected infrastructure and statewide programs. Such	26661
assessment shall comply with applicable cost principles issued by	26662
the federal Office of Management and Budget. The information	26663
technology assessment shall be charged to all organized bodies,	26664
offices, or agencies established by the laws of the state for the	26665
exercise of any function of state government except for the	26666
General Assembly, any legislative agency, the Supreme Court, the	26667
other courts of record in Ohio, or any judicial agency, the	26668
Adjutant General, the Bureau of Workers' Compensation, and	26669
institutions administered by a board of trustees. Any state-entity	26670
exempted by this section may utilize the infrastructure or	26671
statewide program by participating in the information technology	26672
assessment. All charges for the information technology assessment	26673
shall be deposited to the credit of the IT Governance Fund (Fund	26674
229).	26675

Sec. 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

26676

General Revenue Fund	26677

GRF	874-100	Personal Services	$	2,057,000	$	~~2,057,000~~ 2,201,612	26678
GRF	874-320	Maintenance and Equipment	$	1,085,837	$	1,080,837	26679
TOTAL GRF General Revenue Fund			$	3,142,837	$	~~3,137,837~~ 3,282,449	26680

General Services Fund Group	26681

4G5	874-603	Capitol Square Education Center and Arts	$	15,000	$	15,000	26682
4S7	874-602	Statehouse Gift Shop/Events	$	650,484	$	650,484	26683
TOTAL GSF General Services							26684
Fund Group			$	665,484	$	665,484	26685

Underground Parking Garage	26686

208	874-601	Underground Parking Garage Operations	$	2,706,993	$	2,706,993	26687
TOTAL UPG Underground Parking							26688
Garage			$	2,706,993	$	2,706,993	26689
TOTAL ALL BUDGET FUND GROUPS			$	6,515,314	$	~~6,510,314~~ 6,654,926	26690

Sec. 261.10. BDP BOARD OF DEPOSIT

26692

General Services Fund Group	26693

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	26694
TOTAL GSF General Services Fund							26695
Group			$	1,676,000	$	1,676,000	26696
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	26697

BOARD OF DEPOSIT EXPENSE FUND

26698

Upon receiving certification of expenses from the Treasurer	26699
of State, the Director of Budget and Management shall transfer	26700
cash from the Investment Earnings Redistribution Fund (Fund 608)	26701
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	26702
shall be used pursuant to section 135.02 of the Revised Code to	26703
pay for any and all necessary expenses of the Board of Deposit or	26704
for banking charges and fees required for the operation of the	26705
State of Ohio Regular Account.	26706

Sec. 263.10. DEV DEPARTMENT OF DEVELOPMENT

26707

General Revenue Fund	26708

GRF	195-401	Thomas Edison Program	$	19,404,838	$	17,978,483	26709
GRF	195-404	Small Business Development	$	1,740,722	$	1,792,944	26710
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,627,700	26711
GRF	195-407	Travel and Tourism	$	1,800,000	$	1,800,000	26712
GRF	195-410	Defense Conversion Assistance	$	5,000,000	$	0	26713
GRF	195-412	Rapid Outreach Grants	$	10,750,000	$	10,000,000	26714
GRF	195-415	Economic Development Division and Regional Offices	$	5,894,975	$	6,071,824	26715
GRF	195-416	Governor's Office of Appalachia	$	4,746,043	$	4,746,043	26716
GRF	195-422	Third Frontier Action Fund	$	18,790,000	$	16,790,000	26717
GRF	195-426	Clean Ohio Implementation	$	300,000	$	309,000	26718
GRF	195-432	International Trade	$	4,650,501	$	4,650,501	26719
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,594,325	26720
GRF	195-436	Labor/Management Cooperation	$	836,225	$	836,225	26721
GRF	195-497	CDBG Operating Match	$	1,072,184	$	1,072,184	26722
GRF	195-498	State Match Energy	$	96,820	$	96,820	26723
GRF	195-501	Appalachian Local Development Districts	$	391,482	$	391,482	26724
GRF	195-502	Appalachian Regional Commission Dues	$	254,208	$	254,208	26725
GRF	195-507	Travel and Tourism Grants	$	1,130,000	$	~~1,115,000~~ 1,165,000	26726
GRF	195-516	Shovel Ready Sites	$	1,000,000	$	1,000,000	26727
GRF	195-520	Ohio Main Street Program	$	750,000	$	250,000	26728
GRF	195-521	Discover Ohio!	$	7,182,845	$	8,182,845	26729
GRF	195-905	Third Frontier Research & Development General Obligation Debt Service	$	14,349,500	$	24,523,400	26730
GRF	195-912	Job Ready Site Development General Obligation Debt Service	$	4,359,400	$	8,232,500	26731
TOTAL GRF General Revenue Fund			$	118,307,534	$	~~124,315,484~~ 124,365,484	26732

General Services Fund Group	26733

135	195-684	Supportive Services	$	11,699,404	$	11,321,444	26734
5AD	195-667	Investment in Training Expansion	$	2,000,000	$	0	26735
5AD	195-668	Workforce Guarantee Program	$	1,000,000	$	0	26736
5AD	195-677	Economic Development Contingency	$	5,000,000	$	24,400,000	26737
5W5	195-690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	26738
5W6	195-691	International Trade Cooperative Projects	$	300,000	$	300,000	26739
685	195-636	Direct Cost Recovery Expenditures	$	800,000	$	800,000	26740
TOTAL GSF General Services Fund							26741
Group			$	21,149,404	$	37,171,444	26742

Federal Special Revenue Fund Group	26743

3AE	195-643	Workforce Development Initiatives	$	5,839,900	$	5,860,000	26744
3BJ	195-685	TANF Heating Assistance	$	45,000,000	$	15,000,000	26745
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	26746
3K9	195-611	Home Energy Assistance Block Grant	$	110,000,000	$	110,000,000	26747
3K9	195-614	HEAP Weatherization	$	22,000,000	$	22,000,000	26748
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	26749
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	26750
308	195-602	Appalachian Regional Commission	$	475,000	$	475,000	26751
308	195-603	Housing and Urban Development	$	6,000,000	$	6,000,000	26752
308	195-605	Federal Projects	$	27,000,000	$	27,000,000	26753
308	195-609	Small Business Administration	$	4,296,381	$	4,396,381	26754
308	195-618	Energy Federal Grants	$	3,400,000	$	3,400,000	26755
335	195-610	Energy Conservation and Emerging Technology	$	2,200,000	$	2,200,000	26756
TOTAL FED Federal Special Revenue							26757
Fund Group			$	356,446,281	$	326,566,381	26758

State Special Revenue Fund Group	26759

4F2	195-639	State Special Projects	$	518,393	$	518,393	26760
4F2	195-676	Marketing Initiatives	$	5,000,000	$	1,000,000	26761
4S0	195-630	Tax Incentive Programs	$	650,800	$	650,800	26762
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	26763
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	26764
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	26765
451	195-625	Economic Development Financing Operating	$	3,233,311	$	3,233,311	26766
5AR	195-674	Industrial Site Improvements	$	4,500,000	$	4,500,000	26767
5CG	195-679	Alternative Fuel Transportation	$	1,500,000	$	1,000,000	26768
5DU	195-689	Energy Projects	$	840,000	$	840,000	26769
5M4	195-659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	26770
5M5	195-660	Advanced Energy Programs	$	17,000,000	$	17,000,000	26771
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	26772
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	26773
617	195-654	Volume Cap Administration	$	200,000	$	200,000	26774
646	195-638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	26775
TOTAL SSR State Special Revenue							26776
Fund Group			$	334,641,556	$	330,141,556	26777

Facilities Establishment Fund Group	26778

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	26779
010	195-665	Research and Development	$	50,000,000	$	50,000,000	26780
037	195-615	Facilities Establishment	$	110,000,000	$	110,000,000	26781
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	26782
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	26783
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	26784
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	26785
TOTAL 037 Facilities							26786
Establishment Fund Group			$	224,475,000	$	224,475,000	26787

Clean Ohio Revitalization Fund	26788

003	195-663		Clean Ohio Operating		$	625,000		$	550,000		26789
TOTAL 003 Clean Ohio Revitalization Fund					$	625,000		$	550,000		26790

Third Frontier Research & Development Fund Group	26791

011	195-686	Third Frontier Operating	$	1,932,056	$	1,932,056	26792
011	195-687	Third Frontier Research & Development Projects	$	94,000,000	$	72,000,000	26793
014	195-692	Research & Development Taxable Bond Projects	$	28,000,000	$	28,000,000	26794
TOTAL 011 Third Frontier Research & Development Fund Group			$	123,932,056	$	101,932,056	26795

Job Ready Site Development Fund Group	26796

012	195-688		Job Ready Site Operating		$	1,246,155		$	1,246,155		26797
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		26798

TOTAL ALL BUDGET FUND GROUPS

1,180,822,986

~~1,146,398,076~~ 1,146,448,076

26799

Sec. 263.20.10. TRAVEL AND TOURISM GRANTS

26801

The foregoing appropriation item 195-507, Travel and Tourism	26802
Grants, shall be used to provide grants to local organizations to	26803
support various local travel and tourism events in Ohio.	26804

Of the foregoing appropriation item 195-507, Travel and	26805
Tourism Grants, $50,000 in each fiscal year shall be used for the	26806
Cleveland Film Bureau.	26807

Of the foregoing appropriation item 195-507, Travel and	26808
Tourism Grants, $50,000 in each fiscal year shall be used for the	26809
Cincinnati Film Bureau.	26810

Of the foregoing appropriation item 195-507, Travel and	26811
Tourism Grants, $500,000 in each fiscal year shall be used for	26812
grants to The International Center for the Preservation of Wild	26813
Animals.	26814

Of the foregoing appropriation item 195-507, Travel and	26815
Tourism Grants, $50,000 in each fiscal year shall be used for the	26816
Greater Cleveland Sports Commission.	26817

Of the foregoing appropriation item 195-507, Travel and	26818
Tourism Grants, $50,000 in each fiscal year shall be used for the	26819
Greater Columbus Sports Commission.	26820

Of the foregoing appropriation item 195-507, Travel and	26821
Tourism Grants, $50,000 in each fiscal year ~~2008~~ shall be used for	26822
the Ohio Alliance of Science Centers.	26823

Of the foregoing appropriation item 195-507, Travel and	26824
Tourism Grants, $100,000 in each fiscal year shall be used for the	26825
Harbor Heritage Society/Great Lakes Science Center in support of	26826
operations of the Steamship William G. Mather Maritime Museum, and	26827
$100,000 in each fiscal year shall be used for the Great Lakes	26828
Historical Society.	26829

Of the foregoing appropriation item 195-507, Travel and	26830
Tourism Grants, $35,000 in fiscal year 2009 shall be used for the	26831
Ohio Junior Angus Association to assist with costs associated with	26832
hosting the Eastern Regional Junior Angus Show in June 2009.	26833

Of the foregoing appropriation item 195-507, Travel and	26834
Tourism Grants, $60,000 in each fiscal year shall be used for the	26835
Ohio River Trails program.	26836

Of the foregoing appropriation item 195-507, Travel and	26837
Tourism Grants, $60,000 in each fiscal year shall be used to	26838
support the outdoor drama "Tecumseh!"	26839

Of the foregoing appropriation item 195-507, Travel and	26840
Tourism Grants, $25,000 in each fiscal year shall be used for	26841
Ohio's Appalachian Country.	26842

Of the foregoing appropriation item 195-507, Travel and	26843
Tourism Grants, $25,000 in each fiscal year shall be used for the	26844
Garst Museum.	26845

Of the foregoing appropriation item 195-507, Travel and	26846
Tourism Grants, $10,000 in each fiscal year shall be used for the	26847
Pro Football Hall of Fame Festival.	26848

Sec. 263.30.10. UNCLAIMED FUNDS TRANSFER

26849

(A) Notwithstanding division (A) of section 169.05 of the	26850
Revised Code, upon the request of the Director of Budget and	26851
Management, the Director of Commerce, prior to June 30, 2008,	26852
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	26853
an amount not to exceed $5,000,000 in cash of the unclaimed funds	26854
that have been reported by the holders of unclaimed funds under	26855
section 169.05 of the Revised Code, regardless of the allocation	26856
of the unclaimed funds described under that section.	26857

Notwithstanding division (A) of section 169.05 of the Revised	26858
Code, upon the request of the Director of Budget and Management,	26859
the Director of Commerce, prior to June 30, 2009, shall transfer	26860
to the Job Development Initiatives Fund (Fund 5AD) an amount not	26861
to exceed $24,400,000 in cash of the unclaimed funds that have	26862
been reported by the holders of unclaimed funds under section	26863
169.05 of the Revised Code, regardless of the allocation of the	26864
unclaimed funds described under that section.	26865

(B) Notwithstanding division (A) of section 169.05 of the	26866
Revised Code, upon the request of the Director of Budget and	26867
Management, the Director of Commerce, prior to June 30, 2008,	26868
shall transfer to the State Special Projects Fund (Fund 4F2) an	26869
amount not to exceed ~~$2,500,000~~$5,000,000 of the unclaimed funds	26870
that have been reported by the holders of unclaimed funds under	26871
section 169.05 of the Revised Code, regardless of the allocation	26872
of the unclaimed funds described under that section.	26873

Notwithstanding division (A) of section 169.05 of the Revised	26874
Code, upon the request of the Director of Budget and Management,	26875
the Director of Commerce, prior to June 30, 2009, shall transfer	26876
to the State Special Projects Fund (Fund 4F2) an amount not to	26877
exceed ~~$2,500,000~~$1,000,000 in cash of the unclaimed funds that	26878
have been reported by the holders of unclaimed funds under	26879
section 169.05 of the Revised Code, regardless of the allocation	26880
of the unclaimed funds described under that section.	26881

Sec. 269.30.30. GIFTED PUPIL PROGRAM

26882

The foregoing appropriation item 200-521, Gifted Pupil	26883
Program, shall be used for gifted education units not to exceed	26884
1,110 in each fiscal year under division (L) of section 3317.024	26885
and division (F) of section 3317.05 of the Revised Code.	26886

Of the foregoing appropriation item 200-521, Gifted Pupil	26887
Program, up to $4,747,000 in fiscal year 2008 and up to $4,794,470	26888
in fiscal year 2009 may be used as an additional supplement for	26889
identifying gifted students under Chapter 3324. of the Revised	26890
Code.	26891

Of the foregoing appropriation item 200-521, Gifted Pupil	26892
Program, the Department of Education may expend up to $1,015,858	26893
in fiscal year 2008 and up to $1,026,017 in fiscal year 2009 for	26894
the Summer Honors Institute, including funding for the Martin	26895
Essex Program, which shall be awarded through a request for	26896
proposals process.	26897

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

26898

The foregoing appropriation item 200-532, Nonpublic	26899
Administrative Cost Reimbursement, shall be used by the Department	26900
of Education for the purpose of implementing section 3317.063 of	26901
the Revised Code. Notwithstanding the per pupil reimbursement	26902
limit of section 3317.063 of the Revised Code, the Department	26903
shall distribute any unspent and unencumbered funds remaining in	26904
each fiscal year after all other obligations of this appropriation	26905
have been met to chartered nonpublic schools in proportion to each	26906
school's share of the total reimbursement provided under section	26907
3317.063 of the Revised Code.	26908

Sec. 269.30.70. FOUNDATION FUNDING

26909

The foregoing appropriation item 200-550, Foundation Funding,	26910
includes $75,000,000 in each fiscal year for the state education	26911
aid offset due to the change in public utility valuation as a	26912
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	26913
General Assembly. This amount represents the total state education	26914
aid offset due to the valuation change for school districts and	26915
joint vocational school districts from all relevant appropriation	26916
line item sources. Upon certification by the Department of	26917
Education, in consultation with the Department of Taxation, to the	26918
Director of Budget and Management of the actual state aid offset,	26919
the cash transfer from Fund 053, appropriation item 200-900,	26920
School District Property Tax Replacement - Utility, shall be	26921
decreased or increased by the Director of Budget and Management to	26922
match the certification in accordance with section 5727.84 of the	26923
Revised Code.	26924

The foregoing appropriation item 200-550, Foundation Funding,	26925
includes $58,000,000 in fiscal year 2008 and $145,000,000 in	26926
fiscal year 2009 for the state education aid offset because of the	26927
changes in tangible personal property valuation as a result of Am.	26928
Sub. H.B. 66 of the 126th General Assembly. This amount represents	26929
the total state education aid offset because of the valuation	26930
change for school districts and joint vocational school districts	26931
from all relevant appropriation item sources. Upon certification	26932
by the Department of Education of the actual state education aid	26933
offset to the Director of Budget and Management, the cash transfer	26934
from Fund 047, appropriation item 200-909, School District	26935
Property Tax Replacement - Business, shall be decreased or	26936
increased by the Director of Budget and Management to match the	26937
certification in accordance with section 5751.21 of the Revised	26938
Code.	26939

Of the foregoing appropriation item 200-550, Foundation	26940
Funding, up to $425,000 shall be expended in each fiscal year for	26941
court payments under section ~~2151.357~~2151.362 of the Revised	26942
Code; an amount shall be available in each fiscal year to fund up	26943
to 225 full-time equivalent approved GRADS teacher grants under	26944
division (N) of section 3317.024 of the Revised Code; an amount	26945
shall be available in each fiscal year to make payments to school	26946
districts under division (A)(3) of section 3317.022 of the	26947
Revised Code; an amount shall be available in each fiscal year to	26948
make payments to school districts under division (F) of section	26949
3317.022 of the Revised Code; and up to $30,000,000 in each	26950
fiscal year shall be reserved for payments under sections	26951
3317.026, 3317.027, and 3317.028 of the Revised Code except that	26952
the Controlling Board may increase the $30,000,000 amount if	26953
presented with such a request from the Department of Education.	26954

Of the foregoing appropriation item 200-550, Foundation	26955
Funding, up to $19,770,000 in fiscal year 2008 and up to	26956
$20,545,200 in fiscal year 2009 shall be used to provide	26957
additional state aid to school districts for special education	26958
students under division (C)(3) of section 3317.022 of the Revised	26959
Code, except that the Controlling Board may increase these amounts	26960
if presented with such a request from the Department of Education	26961
at the final meeting of the fiscal year; up to $2,000,000 in each	26962
fiscal year shall be reserved for Youth Services tuition payments	26963
under section 3317.024 of the Revised Code; and up to $52,000,000	26964
in each fiscal year shall be reserved to fund the state	26965
reimbursement of educational service centers under section 3317.11	26966
of the Revised Code and the section of ~~this act~~Am. Sub. H.B. 119	26967
of the 127th General Assembly entitled "EDUCATIONAL SERVICE	26968
CENTERS FUNDING." An amount shall be available for special	26969
education weighted funding under division (C)(1) of section	26970
3317.022 and division (D)(1) of section 3317.16 of the Revised	26971
Code.	26972

Of the foregoing appropriation item 200-550, Foundation	26973
Funding, an amount shall be available in each fiscal year to be	26974
used by the Department of Education for transitional aid for	26975
school districts and joint vocational school districts. Funds	26976
shall be distributed under the sections of ~~this act~~Am. Sub. H.B.	26977
119 of the 127th General Assembly entitled "TRANSITIONAL AID FOR	26978
CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" and	26979
"TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	26980

Of the foregoing appropriation item 200-550, Foundation	26981
Funding, up to $1,000,000 in each fiscal year shall be used by the	26982
Department of Education for a program to pay for educational	26983
services for youth who have been assigned by a juvenile court or	26984
other authorized agency to any of the facilities described in	26985
division (A) of the section of ~~this act~~Am. Sub. H.B. 119 of the	26986
127th General Assembly entitled "PRIVATE TREATMENT FACILITY	26987
PROJECT."	26988

Of the foregoing appropriation item 200-550, Foundation	26989
Funding, up to $3,700,000 in each fiscal year shall be used for	26990
school breakfast programs. Of this amount, up to $900,000 shall be	26991
used in each fiscal year by the Department of Education to	26992
contract with the Children's Hunger Alliance to expand access to	26993
child nutrition programs consistent with the organization's	26994
continued ability to meet specified performance measures as	26995
detailed in the contract. Of this amount, the Children's Hunger	26996
Alliance shall use at least $150,000 in each fiscal year to	26997
subcontract with an appropriate organization or organizations to	26998
expand summer food participation in underserved areas of the	26999
state, consistent with those organizations' continued ability to	27000
meet specified performance measures as detailed in the	27001
subcontracts. The remainder of the appropriation shall be used to	27002
partially reimburse school buildings within school districts that	27003
are required to have a school breakfast program under section	27004
3313.813 of the Revised Code, at a rate decided by the Department.	27005

Of the foregoing appropriation item 200-550, Foundation	27006
Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860	27007
in fiscal year 2009 shall be used to operate the school choice	27008
program in the Cleveland Municipal School District under sections	27009
3313.974 to 3313.979 of the Revised Code.	27010

Of the portion of the funds distributed to the Cleveland	27011
Municipal School District under this section, up to $11,901,887 in	27012
each fiscal year shall be used to operate the school choice	27013
program in the Cleveland Municipal School District under sections	27014
3313.974 to 3313.979 of the Revised Code.	27015

Of the foregoing appropriation item 200-550, Foundation	27016
Funding, $3,312,165 in each fiscal year shall be used in	27017
conjunction with funding appropriated under appropriation item	27018
200-431, School Improvement Initiatives, to help support districts	27019
in the development and implementation of their continuous	27020
improvements plans and provide technical assistance and support in	27021
accordance with Title I of the "No Child Left Behind Act of 2001."	27022

The remaining portion of appropriation item 200-550,	27023
Foundation Funding, shall be expended for the public schools of	27024
city, local, exempted village, and joint vocational school	27025
districts, including base-cost funding, special education speech	27026
service enhancement funding, career-technical education weight	27027
funding, career-technical education associated service funding,	27028
teacher training and experience funding, charge-off supplement,	27029
and excess cost supplement under sections 3317.022, 3317.023,	27030
3317.0216, and 3317.16 of the Revised Code.	27031

Appropriation items 200-502, Pupil Transportation, 200-521,	27032
Gifted Pupil Program, 200-540, Special Education Enhancements, and	27033
200-550, Foundation Funding, other than specific set-asides, are	27034
collectively used in each fiscal year to pay state formula aid	27035
obligations for school districts and joint vocational school	27036
districts under Chapter 3317. of the Revised Code. The first	27037
priority of these appropriation items, with the exception of	27038
specific set-asides, is to fund state formula aid obligations	27039
under Chapter 3317. of the Revised Code. It may be necessary to	27040
reallocate funds among these appropriation items or use excess	27041
funds from other general revenue fund appropriation items in the	27042
Department of Education's budget in each fiscal year, in order to	27043
meet state formula aid obligations. If it is determined that it is	27044
necessary to transfer funds among these appropriation items or to	27045
transfer funds from other General Revenue Fund appropriations in	27046
the Department of Education's budget to meet state formula aid	27047
obligations, the Department of Education shall seek approval from	27048
the Controlling Board to transfer funds as needed.	27049

Sec. 269.40.50. START-UP FUNDS

27050

Funds appropriated for the purpose of providing start-up	27051
grants to Title IV-A Head Start and Title IV-A Head Start Plus	27052
agencies in fiscal year 2004 and fiscal year 2005 for the	27053
provision of services to children eligible for Title IV-A services	27054
under the Title IV-A Head Start or Title IV-A Head Start Plus	27055
programs shall be reimbursed to the General Revenue Fund as	27056
follows:	27057

(A) If, for fiscal year 2008, an entity that was a Title IV-A	27058
Head Start or Title IV-A Head Start Plus agency will not be an	27059
early learning agency or early learning provider, the entity shall	27060
repay the entire amount of the start-up grant it received in	27061
fiscal year 2004 and fiscal year 2005 not later than June 30,	27062
2009, in accordance with a payment schedule agreed to by the	27063
Department of Education.	27064

(B) If an entity that was a Title IV-A Head Start or Title	27065
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	27066
2005 will be an early learning agency or early learning provider	27067
in fiscal year 2008 and fiscal year 2009, the entity shall be	27068
allowed to retain any amount of the start-up grant it received,	27069
unless division (D) of this section applies to the entity. In that	27070
case, the entity shall repay the entire amount of the obligation	27071
described in that division not later than June 30, 2009.	27072

(C) Within ninety days after ~~the effective date of this~~	27073
~~section~~June 30, 2007, the Title IV-A Head Start agencies, Title	27074
IV-A Head Start Plus agencies, and the Department of Education	27075
shall determine the repayment schedule for amounts owed under	27076
division (A) of this section. These amounts shall be paid to the	27077
state not later than June 30, 2009.	27078

(D) If an entity that was a Title IV-A Head Start or Title	27079
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	27080
2005 owed the state any portion of the start-up grant amount	27081
during fiscal year 2006 or fiscal year 2007 but failed to repay	27082
the entire amount of the obligation by June 30, 2007, the entity	27083
shall be given an extension for repayment through June 30, 2009,	27084
before any amounts remaining due and payable to the state are	27085
referred to the Attorney General for collection under section	27086
131.02 of the Revised Code.	27087

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	27088
start-up grants that are retained by early learning agencies or	27089
early learning providers pursuant to this section shall be	27090
reimbursed to the General Revenue Fund when the early learning	27091
program ceases or is no longer funded from Title IV-A or if an	27092
early learning agency's or early learning provider's participation	27093
in the early learning program ceases or is terminated.	27094

Sec. 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING

27095

(A) As used in this section:

27096

(1) "Internet- or computer-based community school" has the	27097
same meaning as in section 3314.02 of the Revised Code.	27098

(2) "Service center ADM" has the same meaning as in section	27099
3317.11 of the Revised Code.	27100

(3) "STEM school" means a science, technology, engineering,	27101
and mathematics school established under Chapter 3326. of the	27102
Revised Code.	27103

(B) Notwithstanding division (F) of section 3317.11 of the	27104
Revised Code, no funds shall be provided under that division to an	27105
educational service center in either fiscal year for any pupils of	27106
a city or exempted village school district unless an agreement to	27107
provide services under section 3313.843 of the Revised Code was	27108
entered into by January 1, 1997, except that funds shall be	27109
provided to an educational service center for any pupils of a city	27110
school district if the agreement to provide services was entered	27111
into within one year of the date upon which such district changed	27112
from a local school district to a city school district.	27113

If an educational service center that entered into an	27114
agreement by January 1, 1997, with a city or exempted village	27115
school district to provide services under section 3313.843 of the	27116
Revised Code ceases to operate because all of the local school	27117
districts that constituted the territory of the service center	27118
have severed from the service center pursuant to section 3311.059	27119
of the Revised Code, another educational service center, by	27120
resolution of its governing board, may assume the obligations of	27121
the original service center to provide services to the city or	27122
exempted village school district under that agreement in fiscal	27123
year 2009. If that other service center assumes those obligations	27124
to provide services to the city or exempted village school	27125
district, that service center shall be considered to be the	27126
service center that entered into the agreement by January 1, 1997,	27127
and, accordingly, may receive funds under division (F) of section	27128
3317.11 of the Revised Code in accordance with this section in	27129
fiscal year 2009 for pupils of that city or exempted village	27130
school district.	27131

(C) Notwithstanding any provision of the Revised Code to the	27132
contrary, an educational service center that sponsors a community	27133
school under Chapter 3314. of the Revised Code in either fiscal	27134
year may include the students of that community school in its	27135
service center ADM for purposes of state funding under division	27136
(F) of section 3317.11 of the Revised Code, unless the community	27137
school is an Internet- or computer-based community school. A	27138
service center shall include the community school students in its	27139
service center ADM only to the extent that the students are not	27140
already so included, and only in accordance with guidelines issued	27141
by the Department of Education. If the students of a community	27142
school sponsored by an educational service center are included in	27143
the service center ADM of another educational service center,	27144
those students shall be removed from the service center ADM of the	27145
other educational service center and added to the service center	27146
ADM of the community school's sponsoring service center. The	27147
General Assembly authorizes this procedure as an incentive for	27148
educational service centers to take over sponsorship of community	27149
schools from the State Board of Education as the State Board's	27150
sponsorship is phased out in accordance with Sub. H.B. 364 of the	27151
124th General Assembly. No student of an Internet- or	27152
computer-based community school shall be counted in the service	27153
center ADM of any educational service center. The Department shall	27154
pay educational service centers under division (F) of section	27155
3317.11 of the Revised Code for community school students included	27156
in their service center ADMs under this division only if	27157
sufficient funds earmarked within appropriation item 200-550,	27158
Foundation Funding, for payments under that division remain after	27159
first paying for students attributable to their local and client	27160
school districts, in accordance with divisions (B) and ~~(D)~~(E) of	27161
this section.	27162

(D) Notwithstanding division (C) of section 3326.45 of the	27163
Revised Code, the Department shall pay educational service	27164
centers under division (H) of section 3317.11 of the Revised	27165
Code for services provided to STEM schools only if sufficient	27166
funds earmarked within appropriation item 200-550, Foundation	27167
Funding, for payments under that division remain after first	27168
paying for students attributable to the local and client school	27169
districts of the service centers and for community school	27170
students in their service center ADMs, in accordance with	27171
divisions (B), (C), and (E) of this section.	27172

(E) If insufficient funds are earmarked within appropriation	27173
item 200-550, Foundation Funding, for payments under ~~division~~	27174
divisions (F) and (H) of section 3317.11 of the Revised Code and	27175
division (C) of this section in fiscal year 2008 or fiscal year	27176
2009, the Department shall prioritize the distribution of the	27177
earmarked funds as follows:	27178

(1) The Department shall first distribute to each educational	27179
service center the per-student amount specified in division (F) of	27180
section 3317.11 of the Revised Code for each student in its	27181
service center ADM attributable to the local school districts	27182
within the service center's territory.	27183

(2) The Department shall distribute the remaining funds in	27184
each fiscal year to each educational service center for the	27185
students in its service center ADM attributable to each city and	27186
exempted village school district that had entered into an	27187
agreement with an educational service center for that fiscal year	27188
under section 3313.843 of the Revised Code by January 1, 1997, up	27189
to the per-student amount specified in division (F) of section	27190
3317.11 of the Revised Code. If insufficient funds remain to pay	27191
each service center the full amount specified in division (F) of	27192
that section for each such student, the Department shall	27193
distribute the remaining funds to each service center	27194
proportionally, on a per-student basis for each such student,	27195
unless that proportional per-student amount exceeds the amount	27196
specified in division (F)(1) of that section. In that case, the	27197
Department shall distribute the per-student amount specified in	27198
division (F)(1) of that section to each service center for each	27199
such student and shall distribute the remainder proportionally, on	27200
a per-student basis for each such student, to the multi-county	27201
service centers described in division (F)(2) of that section.	27202

(3) If the Department has paid each service center under	27203
divisions ~~(D)~~(E)(1) and (2) of this section, the full amount	27204
specified in division (F) of section 3317.11 of the Revised Code	27205
for each student attributable to its local school districts and	27206
its client school districts described in division ~~(D)~~(E)(2) of	27207
this section the Department shall distribute any remaining funds	27208
proportionally, on a per-student basis, to each service center	27209
that sponsors a community school, other than an Internet- or	27210
computer-based community school, for the students included in the	27211
service center ADM under division (C) of this section. These	27212
payments shall not exceed per student the amount specified in	27213
division (F) of section 3317.11 of the Revised Code.	27214

(4) If the Department has paid each educational service	27215
center that sponsors a community school, other than an Internet-	27216
or computer-based community school, the full amount specified in	27217
division (F) of section 3317.11 of the Revised Code for each	27218
community school student included in the service center ADM under	27219
division (C) of this section, the Department shall distribute any	27220
remaining funds to each service center that is owed money under	27221
division (H) of section 3317.11 of the Revised Code for services	27222
provided to a STEM school. If insufficient funds remain to pay	27223
each service center the full amount calculated for it under	27224
division (H) of section 3317.11 of the Revised Code, the	27225
Department shall distribute the remaining funds proportionally, on	27226
a per-student basis, to each service center owed money under that	27227
division, unless that proportional per-student amount exceeds the	27228
per-student amount specified in any service center's contract	27229
entered into under section 3326.45 of the Revised Code. In that	27230
case, the Department shall distribute the lowest per-student	27231
amount specified in the service center contracts entered into	27232
under that section to each service center owed money under	27233
division (H) of section 3317.11 of the Revised Code and shall	27234
distribute the remainder proportionally, on a per-student basis,	27235
to service centers with contracts under section 3326.45 of the	27236
Revised Code that specify higher per-student amounts, but in no	27237
case shall the payments to any service center exceed the	27238
per-student amount specified in the service center's contract with	27239
the STEM school.	27240

Sec. 275.10. PAY EMPLOYEE BENEFITS FUNDS

27241

Accrued Leave Liability Fund Group	27242

806	995-666	Accrued Leave Fund	$	69,584,560	$	76,038,787	27243
807	995-667	Disability Fund	$	40,104,713	$	39,309,838	27244
TOTAL ALF Accrued Leave Liability							27245
Fund Group			$	109,689,273	$	115,348,625	27246

Agency Fund Group	27247

124	995-673	Payroll Deductions	$	2,125,000,000	$	2,175,000,000	27248
808	995-668	State Employee Health Benefit Fund	$	499,240,000	$	550,922,742	27249
809	995-669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	27250
810	995-670	Life Insurance Investment Fund	$	2,113,589	$	2,229,834	27251
811	995-671	Parental Leave Benefit Fund	$	3,994,806	$	4,234,495	27252
813	995-672	Health Care Spending Account	$	12,000,000	$	12,000,000	27253
TOTAL AGY Agency Fund Group			$	2,645,318,030	$	2,747,356,706	27254

TOTAL ALL BUDGET FUND GROUPS

2,755,007,303

2,862,705,331

27255

ACCRUED LEAVE LIABILITY FUND

27256

The foregoing appropriation item 995-666, Accrued Leave Fund,	27257
shall be used to make payments from the Accrued Leave Liability	27258
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	27259
If it is determined by the Director of Budget and Management that	27260
additional amounts are necessary, the amounts are appropriated.	27261

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

27262

The foregoing appropriation item 995-667, Disability Fund,	27263
shall be used to make payments from the State Employee Disability	27264
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	27265
Revised Code. If it is determined by the Director of Budget and	27266
Management that additional amounts are necessary, the amounts are	27267
appropriated.	27268

PAYROLL WITHHOLDING FUND

27269

The foregoing appropriation item 995-673, Payroll Deductions,	27270
shall be used to make payments from the Payroll Withholding Fund	27271
(Fund 124). If it is determined by the Director of Budget and	27272
Management that additional appropriation amounts are necessary,	27273
such amounts are hereby appropriated.	27274

STATE EMPLOYEE HEALTH BENEFIT FUND

27275

The foregoing appropriation item 995-668, State Employee	27276
Health Benefit Fund, shall be used to make payments from the State	27277
Employee Health Benefit Fund (Fund 808), pursuant to section	27278
124.87 of the Revised Code. If it is determined by the Director of	27279
Budget and Management that additional amounts are necessary, the	27280
amounts are appropriated.	27281

DEPENDENT CARE SPENDING ACCOUNT

27282

The foregoing appropriation item 995-669, Dependent Care	27283
Spending Account, shall be used to make payments from the	27284
Dependent Care Spending Account (Fund 809) to employees eligible	27285
for dependent care expenses. If it is determined by the Director	27286
of Budget and Management that additional amounts are necessary,	27287
the amounts are appropriated.	27288

LIFE INSURANCE INVESTMENT FUND

27289

The foregoing appropriation item 995-670, Life Insurance	27290
Investment Fund, shall be used to make payments from the Life	27291
Insurance Investment Fund (Fund 810) for the costs and expenses of	27292
the state's life insurance benefit program pursuant to section	27293
125.212 of the Revised Code. If it is determined by the Director	27294
of Budget and Management that additional amounts are necessary,	27295
the amounts are appropriated.	27296

PARENTAL LEAVE BENEFIT FUND

27297

The foregoing appropriation item 995-671, Parental Leave	27298
Benefit Fund, shall be used to make payments from the Parental	27299
Leave Benefit Fund (Fund 811) to employees eligible for parental	27300
leave benefits pursuant to section 124.137 of the Revised Code. If	27301
it is determined by the Director of Budget and Management that	27302
additional amounts are necessary, the amounts are appropriated.	27303

HEALTH CARE SPENDING ACCOUNT

27304

There is hereby established in the State Treasury the Health	27305
Care Spending Account Fund (Fund 813). The foregoing appropriation	27306
item 995-672, Health Care Spending Account, shall be used to make	27307
payments from the fund. The fund shall be under the supervision of	27308
the Department of Administrative Services and shall be used to	27309
make payments pursuant to state employees' participation in a	27310
flexible spending account for non-reimbursed health care expenses	27311
and pursuant to Section 125 of the Internal Revenue Code. All	27312
income derived from the investment of the fund shall accrue to the	27313
fund. If it is determined by the Director of Administrative	27314
Services that additional appropriation amounts are necessary, the	27315
Director of Administrative Services may request that the Director	27316
of Budget and Management increase such amounts. Such amounts are	27317
hereby appropriated.	27318

At the request of the Director of Administrative Services,	27319
the Director of Budget and Management shall transfer up to	27320
$145,000 from the General Revenue Fund to the Health Care Spending	27321
Account Fund during fiscal years 2008 and 2009. This cash shall be	27322
transferred as needed to provide adequate cash flow for the Health	27323
Care Spending Account Fund during fiscal year 2008 and fiscal year	27324
2009. If funds are available at the end of fiscal years 2008 and	27325
2009, the Director of Budget and Management shall transfer cash up	27326
to the amount previously transferred in the respective year, plus	27327
interest income, back from the Health Care Spending Account (Fund	27328
813) to the General Revenue Fund.	27329

CASH TRANSFER TO ACCRUED LEAVE FUND

27330

The Director of Budget and Management may transfer	27331
$100,080.79 in cash from the Dependent Care Spending Account Fund	27332
(Fund 809) to the Accrued Leave Fund (Fund 806) to correct an	27333
intrastate transfer voucher from the Department of Natural	27334
Resources that was mistakenly deposited into the Dependent Care	27335
Spending Account Fund.	27336

Sec. 293.10. DOH DEPARTMENT OF HEALTH

27337

General Revenue Fund	27338

GRF	440-407	Animal Borne Disease and Prevention	$	2,327,101	$	2,327,101	27339
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	27340
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	27341
GRF	440-416	Child and Family Health Services	$	9,522,874	$	9,622,874	27342
GRF	440-418	Immunizations	$	9,400,615	$	9,400,615	27343
GRF	440-425	Abstinence and Adoption Education	$	500,000	$	500,000	27344
GRF	440-431	Free Clinic Liability Insurance	$	250,000	$	250,000	27345
GRF	440-437	Healthy Ohio	$	1,502,618	$	2,855,553	27346
GRF	440-438	Breast and Cervical Cancer Screening	$	2,500,000	$	2,500,000	27347
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	27348
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	27349
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	27350
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	27351
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	27352
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	27353
GRF	440-459	Help Me Grow	$	10,923,397	$	14,041,847	27354
GRF	440-505	Medically Handicapped Children	$	10,791,784	$	10,791,784	27355
GRF	440-507	Targeted Health Care Services Over 21	$	1,681,023	$	1,681,023	27356
GRF	440-511	Uncompensated Care and Emergency Medical Assistance	$	0	$	3,500,000	27357
TOTAL GRF General Revenue Fund			$	79,799,699	$	87,871,084	27358

General Services Fund Group	27359

142	440-646	Agency Health Services	$	3,461,915	$	3,461,915	27360
211	440-613	Central Support Indirect Costs	$	28,884,707	$	28,884,707	27361
473	440-622	Lab Operating Expenses	$	4,954,045	$	4,954,045	27362
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	27363
698	440-634	Nurse Aide Training	$	170,000	$	170,000	27364
TOTAL GSF General Services							27365
Fund Group			$	38,678,881	$	38,678,881	27366

Federal Special Revenue Fund Group	27367

320	440-601	Maternal Child Health Block Grant	$	30,666,635	$	30,666,635	27368
387	440-602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	27369
389	440-604	Women, Infants, and Children	$	230,077,451	$	230,077,451	27370
391	440-606	Medicaid/Medicare	$	24,850,959	$	24,850,959	27371
392	440-618	Federal Public Health Programs	$	136,778,215	$	136,778,215	27372
TOTAL FED Federal Special Revenue							27373
Fund Group			$	430,199,919	$	430,199,919	27374

State Special Revenue Fund Group	27375

4D6	440-608	Genetics Services	$	3,317,000	$	3,317,000	27376
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	27377
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	27378
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	27379
4L3	440-609	Miscellaneous Expenses	$	446,468	$	446,468	27380
4P4	440-628	Ohio Physician Loan Repayment	$	0	$	476,870	27381
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	27382
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	27383
470	440-647	Fee Supported Programs	$	27,996,243	$	25,905,140	27384
471	440-619	Certificate of Need	$	869,000	$	898,000	27385
477	440-627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	27386
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	27387
5CB	440-640	Poison Control Centers	$	150,000	$	150,000	27388
5CN	440-645	Choose Life	$	75,000	$	75,000	27389
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	27390
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	27391
5EC	440-650	Health Emergency	$	15,312,500	$	0	27392
5ED	440-651	Smoke Free Indoor Air	$	800,000	$	800,000	27393
5G4	440-639	Adoption Services	$	20,000	$	20,000	27394
5L1	440-623	Nursing Facility Technical Assistance Program	$	664,282	$	698,595	27395
5Z7	440-624	Ohio Dental Loan Repayment	$	0	$	140,000	27396
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	27397
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	27398
TOTAL SSR State Special Revenue							27399
Fund Group			$	74,910,263	$	~~57,569,973~~ 58,186,843	27400

Holding Account Redistribution Fund Group	27401

R14	440-631	Vital Statistics	$	70,000	$	70,000	27402
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	27403
TOTAL 090 Holding Account							27404
Redistribution Fund Group			$	90,000	$	90,000	27405
TOTAL ALL BUDGET FUND GROUPS			$	623,678,762	$	~~614,409,857~~ 615,026,727	27406

Sec. 299.10. OHS OHIO HISTORICAL SOCIETY

27408

General Revenue Fund	27409

GRF	360-501	Operating Subsidy	$	3,649,244	$	3,649,252	27410
GRF	360-502	Site and Museum Operations	$	8,501,781	$	~~8,501,788~~ 8,357,176	27411
GRF	360-504	Ohio Preservation Office	$	417,516	$	415,381	27412
GRF	360-505	National Afro-American Museum	$	754,884	$	754,884	27413
GRF	360-506	Hayes Presidential Center	$	514,323	$	514,323	27414
GRF	360-508	State Historical Grants	$	853,000	$	775,000	27415
TOTAL GRF General Revenue Fund			$	14,690,748	$	14,610,628	27416
TOTAL ALL BUDGET FUND GROUPS			$	14,690,748	$	~~14,610,628~~ 14,466,016	27417

SUBSIDY APPROPRIATION

27418

Upon approval by the Director of Budget and Management, the	27419
foregoing appropriation items shall be released to the Ohio	27420
Historical Society in quarterly amounts that in total do not	27421
exceed the annual appropriations. The funds and fiscal records of	27422
the society for fiscal years 2008 and 2009 shall be examined by	27423
independent certified public accountants approved by the Auditor	27424
of State, and a copy of the audited financial statements shall be	27425
filed with the Office of Budget and Management. The society shall	27426
prepare and submit to the Office of Budget and Management the	27427
following:	27428

(A) An estimated operating budget for each fiscal year of the	27429
biennium. The operating budget shall be submitted at or near the	27430
beginning of each calendar year.	27431

(B) Financial reports, indicating actual receipts and	27432
expenditures for the fiscal year to date. These reports shall be	27433
filed at least semiannually during the fiscal biennium.	27434

The foregoing appropriations shall be considered to be the	27435
contractual consideration provided by the state to support the	27436
state's offer to contract with the Ohio Historical Society under	27437
section 149.30 of the Revised Code.	27438

STATE ARCHIVES

27439

Of the foregoing appropriation item 360-501, Operating	27440
Subsidy, $300,000 in each fiscal year shall be used for the State	27441
Archives, Library, and Artifact Collections program.	27442

HAYES PRESIDENTIAL CENTER

27443

If a United States government agency, including, but not	27444
limited to, the National Park Service, chooses to take over the	27445
operations or maintenance of the Hayes Presidential Center, in	27446
whole or in part, the Ohio Historical Society shall make	27447
arrangements with the National Park Service or other United States	27448
government agency for the efficient transfer of operations or	27449
maintenance.	27450

HISTORICAL GRANTS

27451

Of the foregoing appropriation item 360-508, State Historical	27452
Grants, $60,000 in fiscal year 2008 shall be distributed to the	27453
Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be	27454
distributed to the Center for Holocaust and Humanity Education	27455
located at the Hebrew Union College-Jewish Institute of Religion	27456
in Cincinnati, $350,000 in each fiscal year shall be distributed	27457
to the Western Reserve Historical Society, $350,000 in each fiscal	27458
year shall be distributed to the Cincinnati Museum Center, and up	27459
to $18,000 in fiscal year 2008 shall be distributed to the	27460
Muskingum River Underground Railroad Historic Marker Project.	27461

PROCESSING FEES

27462

The Ohio Historical Society shall not charge or retain an	27463
administrative, service, or processing fee for distributing money	27464
that the General Assembly appropriates to the Society for grants	27465
or subsidies that the Society provides to other entities for their	27466
site-related programs.	27467

TRANSFER FOR STATEHOUSE TOURS AND EDUCATION

27468

On June 1, 2008, or as soon as possible thereafter, the	27469
Director of Budget and Management shall transfer $12,297 cash from	27470
GRF appropriation item 360-502, Site and Museum Operations, to the	27471
Statehouse Gift Shop/Events Fund (Fund 4S70) in the Capitol Square	27472
Review and Advisory Board to support Statehouse tours and	27473
education staff.	27474

Sec. 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

27475

General Revenue Fund	27476

GRF	600-321	Support Services					27477
		State	$	50,785,978	$	52,571,413	27478
		Federal	$	10,460,286	$	11,290,237	27479
		Support Services Total	$	61,246,264	$	63,861,650	27480
GRF	600-410	TANF State	$	267,619,061	$	267,619,061	27481
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	27482
GRF	600-416	Computer Projects					27483
		State	$	115,383,181	$	116,419,033	27484
		Federal	$	21,488,920	$	21,192,117	27485
		Computer Projects Total	$	136,872,101	$	137,611,150	27486
GRF	600-417	Medicaid Provider Audits	$	2,000,000	$	2,000,000	27487
GRF	600-420	Child Support Administration	$	8,541,446	$	10,641,446	27488
GRF	600-421	Office of Family Stability	$	4,614,932	$	4,614,932	27489
GRF	600-423	Office of Children and Families	$	5,650,000	$	5,900,000	27490
GRF	600-425	Office of Ohio Health Plans					27491
		State	$	22,500,000	$	22,500,000	27492
		Federal	$	23,324,848	$	23,418,368	27493
		Office of Ohio Health Plans Total	$	45,824,848	$	45,918,368	27494
GRF	600-502	Administration - Local	$	34,014,103	$	34,014,103	27495
GRF	600-511	Disability Financial Assistance	$	22,128,480	$	25,335,908	27496
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	27497
GRF	600-521	Entitlement Administration - Local	$	130,000,000	$	130,000,000	27498
GRF	600-523	Children and Families Services	$	78,115,135	$	78,115,135	27499
GRF	600-525	Health Care/Medicaid					27500
		State	$	3,371,917,993	$	~~3,603,598,928~~ 3,673,819,292	27501
		Federal	$	5,173,236,576	$	~~5,736,989,273~~ 5,865,064,895	27502
		Health Care Total	$	8,545,154,569	$	~~9,340,588,201~~ 9,538,884,187	27503
GRF	600-526	Medicare Part D	$	254,397,401	$	271,854,640	27504
GRF	600-528	Adoption Services					27505
		State	$	37,520,466	$	43,978,301	27506
		Federal	$	41,304,043	$	49,196,065	27507
		Adoption Services Total	$	78,824,509	$	93,174,366	27508
GRF	600-529	Capital Compensation Program	$	7,000,000	$	0	27509
GRF	600-534	Adult Protective Services	$	500,000	$	500,000	27510
TOTAL GRF General Revenue Fund							27511
		State	$	4,497,808,772	$	~~4,754,783,496~~ 4,825,003,860	27512
		Federal	$	5,269,814,673	$	~~5,842,086,060~~ 5,970,161,682	27513
		GRF Total	$	9,767,623,445	$	~~10,596,869,556~~ 10,795,165,542	27514

General Services Fund Group	27515

4A8	600-658	Child Support Collections	$	26,680,794	$	~~26,680,794~~ 31,929,211	27516
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	27517
5BG	600-653	Managed Care Assessment	$	210,655,034	$	222,667,304	27518
5C9	600-671	Medicaid Program Support	$	80,120,048	$	80,120,048	27519
5DL	600-639	Medicaid Revenue and Collections	$	51,966,785	$	~~56,296,844~~ 76,296,844	27520
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	27521
5P5	600-692	Health Care Services	$	93,000,000	$	~~62,000,000~~ 82,000,000	27522
613	600-645	Training Activities	$	135,000	$	135,000	27523
TOTAL GSF General Services							27524
Fund Group			$	463,594,635	$	~~448,936,964~~ 494,185,381	27525

Federal Special Revenue Fund Group	27526

3AW	600-675	Faith Based Initiatives	$	1,000,000	$	1,000,000	27527
3A2	600-641	Emergency Food Distribution	$	2,900,000	$	3,500,000	27528
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	27529
3F0	600-623	Health Care Federal	$	1,209,188,383	$	~~1,211,196,561~~ 1,280,718,161	27530
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	27531
3G5	600-655	Interagency Reimbursement	$	1,469,763,073	$	1,513,855,965	27532
3H7	600-617	Child Care Federal	$	207,269,463	$	200,167,593	27533
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	27534
3S5	600-622	Child Support Projects	$	534,050	$	534,050	27535
3V0	600-688	Workforce Investment Act	$	232,568,453	$	233,082,144	27536
3V4	600-678	Federal Unemployment Programs	$	147,411,858	$	152,843,414	27537
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,092,890	$	3,191,862	27538
3V6	600-689	TANF Block Grant	$	1,037,739,200	$	1,085,861,099	27539
3W3	600-659	TANF/Title XX Transfer	$	10,081,377	$	6,672,366	27540
327	600-606	Child Welfare	$	48,514,502	$	47,947,309	27541
331	600-686	Federal Operating	$	53,963,318	$	56,263,225	27542
384	600-610	Food Stamps and State Administration	$	160,237,060	$	153,147,118	27543
385	600-614	Refugee Services	$	10,196,547	$	11,057,826	27544
395	600-616	Special Activities/Child and Family Services	$	5,723,131	$	5,717,151	27545
396	600-620	Social Services Block Grant	$	114,479,464	$	114,474,085	27546
396	600-651	Second Harvest Food Banks	$	5,500,000	$	5,500,000	27547
397	600-626	Child Support	$	303,661,307	$	303,538,962	27548
398	600-627	Adoption Maintenance/ Administration	$	318,172,168	$	317,483,676	27549
TOTAL FED Federal Special Revenue							27550
Fund Group			$	5,841,238,957	$	~~5,926,277,119~~ 5,995,798,719	27551

State Special Revenue Fund Group	27552

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	27553
4A9	600-607	Unemployment Compensation Administration Fund	$	12,273,062	$	12,188,996	27554
4A9	600-694	Unemployment Compensation Review Commission	$	1,726,938	$	1,811,004	27555
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	27556
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	27557
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	27558
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	27559
4K1	600-621	ICF/MR Bed Assessments	$	19,332,437	$	~~19,332,437~~ 23,254,187	27560
4R3	600-687	Banking Fees	$	800,000	$	800,000	27561
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	27562
5AJ0	600-631	Money Follows the Person	$	0	$	4,400,000	27563
5DB	600-637	Military Injury Grants	$	2,000,000	$	2,000,000	27564
5ES	600-630	Food Assistance	$	500,000	$	500,000	27565
5F2	600-667	Building Consolidation	$	250,000	$	250,000	27566
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	27567
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	27568
5R2	600-608	Medicaid-Nursing Facilities	$	175,000,000	$	175,000,000	27569
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	27570
5U3	600-654	Health Care Services Administration	$	9,867,284	$	12,000,349	27571
5U6	600-663	Children and Family Support	$	4,928,718	$	4,928,718	27572
5Z9	600-672	TANF Quality Control Reinvestments	$	520,971	$	546,254	27573
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	27574
TOTAL SSR State Special Revenue							27575
Fund Group			$	590,002,192	$	~~592,160,540~~ 600,482,290	27576

Agency Fund Group	27577

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	27578
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	27579
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	27580
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	27581

Holding Account Redistribution Fund Group	27582

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	27583
R13	600-644	Forgery Collections	$	10,000	$	10,000	27584
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	27585
TOTAL ALL BUDGET FUND GROUPS			$	16,794,069,229	$	~~17,695,854,179~~ 18,017,241,932	27586

BUDGET STABILIZATION FUND TRANSFER FOR MEDICAID

27587

Notwithstanding section 127.14 of the Revised Code, if the	27588
Director of Budget and Management determines that additional	27589
appropriations are needed to fund the Medicaid program, the	27590
Director may, with Controlling Board approval, transfer up to	27591
$63,333,420 cash in fiscal year 2009 from the Budget Stabilization	27592
Fund to the General Revenue Fund. Upon approval from the	27593
Controlling Board, the Director of Budget and Management shall	27594
transfer the approved amounts of cash, increase the state share of	27595
appropriations to line item 600-525, Health Care/Medicaid, and	27596
adjust the federal share accordingly. Any such transfers and	27597
adjustments are hereby appropriated.	27598

Sec. 309.30.13. CHILDREN'S HOSPITALS

27599

(A) As used in this section:

27600

"Children's hospital" means a hospital that primarily serves	27601
patients eighteen years of age and younger and is excluded from	27602
Medicare prospective payment in accordance with 42 C.F.R.	27603
412.23(d).	27604

"Medicaid inpatient cost-to-charge ratio" means the historic	27605
Medicaid inpatient cost-to-charge ratio applicable to a hospital	27606
as described in rules adopted by the Director of Job and Family	27607
Services in paragraph (B)(2) of rule 5101:3-2-22 of the	27608
Administrative Code.	27609

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	27610
the Administrative Code and except as provided in division (C) of	27611
this section, the Director of Job and Family Services shall pay a	27612
children's hospital that meets the criteria in paragraphs (E)(1)	27613
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	27614
cost outlier claim made in fiscal years 2008 and 2009, an amount	27615
that is the product of the hospital's allowable charges and the	27616
hospital's Medicaid inpatient cost-to-charge ratio.	27617

(C) The Director of Job and Family Services shall cease	27618
paying a children's hospital for a cost outlier claim under the	27619
methodology in division (B) of this section and revert to paying	27620
the hospital for such a claim according to methodology in	27621
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	27622
Administrative Code, as applicable, when the difference between	27623
the total amount the Director has paid according to the	27624
methodology in division (B) of this section for such claims and	27625
the total amount the Director would have paid according to the	27626
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	27627
the Administrative Code, as the applicable paragraph existed on	27628
June 30, 2007, for such claims, exceeds the sum of the state funds	27629
and corresponding federal match earmarked in division (F) of this	27630
section and reappropriated in division (G) of this section for the	27631
applicable fiscal year.	27632

(D) The Director of Job and Family Services shall make	27633
supplemental Medicaid payments to hospitals for inpatient services	27634
under a program modeled after the program the Department of Job	27635
and Family Services was required to create for fiscal years 2006	27636
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th	27637
General Assembly if the difference between the total amount the	27638
Director has paid according to the methodology in division (B) of	27639
this section for cost outlier claims and the total amount the	27640
Director would have paid according to the methodology in paragraph	27641
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code	27642
for such claims, as the applicable paragraph existed on June 30,	27643
2007, does not require the expenditure of all state and federal	27644
funds earmarked in division (F) of this section for the applicable	27645
fiscal year.	27646

(E) The Director of Job and Family Services shall not adopt,	27647
amend, or rescind any rules that would result in decreasing the	27648
amount paid to children's hospitals under division (B) of this	27649
section for cost outlier claims.	27650

(F) Of the foregoing appropriation item, 600-525, Health	27651
Care/Medicaid, up to $6 million (state share) in each fiscal year	27652
plus the corresponding federal match, if available, shall be used	27653
by the Department to pay the amounts described in division (B) of	27654
this section.	27655

(G) The unencumbered balance of the $6 million in division	27656
(F) of this section at the end of fiscal year 2008 is hereby	27657
reappropriated to appropriation item 600-525, Health	27658
Care/Medicaid, for fiscal year 2009 to be used by the Department	27659
to pay the amounts described in division (B) of this section. The	27660
Director of Budget and Management shall increase the state share	27661
of appropriations in appropriation item 600-525, Health	27662
Care/Medicaid, by the amount of the unencumbered balance of the $6	27663
million, with a corresponding increase in the federal share. The	27664
Department shall expend, not later than June 30, 2009, the entire	27665
amount of the unencumbered balance of the $6 million	27666
reappropriated to appropriation item 600-525, Health	27667
Care/Medicaid, for fiscal year 2009 by this division, by the	27668
corresponding increase in the federal share, and the $6 million	27669
plus the corresponding federal match earmarked for fiscal year	27670
2009 by division (F) of this section to pay the amounts described	27671
in division (B) of this section.	27672

Sec. 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT	27673
SYSTEM FOR NURSING FACILITIES	27674

(A) As used in this section:

27675

(1) "Capital costs," "cost of ownership," and "renovation"	27676
have the same meanings as in section 5111.20 of the Revised Code	27677
as that section existed on June 30, 2005.	27678

(2) "Fiscal year 2008 rate" means the rate a provider of a	27679
nursing facility is paid for nursing facility services the nursing	27680
facility provides on June 30, 2008.	27681

(3) "Franchise permit fee," "inpatient days," "Medicaid	27682
days," "nursing facility," and "provider" have the same meanings	27683
as in section 5111.20 of the Revised Code.	27684

(4) "Nursing facility services" means nursing facility	27685
services covered by the Medicaid program that a nursing facility	27686
provides to a resident of the nursing facility who is a Medicaid	27687
recipient eligible for Medicaid-covered nursing facility	27688
services.	27689

(5) "Reviewable activity" has the same meaning as in section	27690
3702.51 of the Revised Code.	27691

(6) "Type A nursing facility" means a nursing facility that	27692
qualifies for a per diem under Section 309.30.42 of Am. Sub. H.B.	27693
119 of the 127th General Assembly, as amended by this act.	27694

(7) "Type B nursing facility" means a nursing facility to	27695
which both of the following apply:	27696

(a) Both of the following occurred during the last quarter of	27697
fiscal year 2008:	27698

(i) The facility obtained certification as a nursing facility	27699
from the Director of Health.	27700

(ii) The facility began participating in the Medicaid	27701
program.	27702

(b) An application for a certificate of need for the nursing	27703
facility was filed with the Director of Health before June 15,	27704
2005.	27705

(8) "Type C nursing facility" means a nursing facility to	27706
which all of the following apply:	27707

(a) The nursing facility is not a type B nursing facility.

27708

(b) The nursing facility, during the last quarter of fiscal	27709
year 2008, completed a capital project for which a certificate of	27710
need was filed with the Director of Health before June 15, 2005,	27711
and for which at least one of the following occurred before July	27712
1, 2005, or, if the capital project is undertaken to comply with	27713
rules adopted by the Public Health Council regarding resident room	27714
size or occupancy, before June 30, 2007:	27715

(i) Any materials or equipment for the capital project were	27716
delivered;	27717

(ii) Preparations for the physical site of the capital	27718
project, including, if applicable, excavation, began;	27719

(iii) Actual work on the capital project began.

27720

(c) The provider of the nursing facility files a three-month	27721
projected capital cost report for the nursing facility with the	27722
Director of Job and Family Services not later than ninety days	27723
after the date the capital project is completed.	27724

(9) "Type D nursing facility" means a nursing facility that,	27725
during the last quarter of fiscal year 2008, completed an activity	27726
to which all of the following apply:	27727

(a) A request was filed with the Director of Health before	27728
July 1, 2005, for a determination of whether the activity is a	27729
reviewable activity and the Director determined that the activity	27730
is not a reviewable activity.	27731

(b) At least one of the following occurred before July 1,	27732
2005, or, if the nursing facility undertakes the activity to	27733
comply with rules adopted by the Public Health Council regarding	27734
resident room size or occupancy, before June 30, 2007:	27735

(i) Any materials or equipment for the activity were	27736
delivered.	27737

(ii) Preparations for the physical site of the activity,	27738
including, if applicable, excavation, began.	27739

(iii) Actual work on the activity began.

27740

(c) The provider of the nursing facility files a three-month	27741
projected capital cost report for the nursing facility with the	27742
Director of Job and Family Services not later than ninety days	27743
after the date the activity is completed.	27744

(10) "Type E nursing facility" means a nursing facility that,	27745
during the last quarter of fiscal year 2008, completed a	27746
renovation to which all of the following apply:	27747

(a) The Director of Job and Family Services approved the	27748
renovation before July 1, 2005.	27749

(b) At least one of the following occurred before July 1,	27750
2005, or, if the nursing facility undertakes the renovation to	27751
comply with rules adopted by the Public Health Council regarding	27752
resident room size or occupancy, before June 30, 2007:	27753

(i) Any materials or equipment for the renovation were	27754
delivered.	27755

(ii) Preparations for the physical site of the renovation,	27756
including, if applicable, excavation, began.	27757

(iii) Actual work on the renovation began.

27758

(c) The provider of the nursing facility files a three-month	27759
projected capital cost report for the nursing facility with the	27760
Director of Job and Family Services not later than ninety days	27761
after the date the renovation is completed.	27762

(11) "Type F nursing facility" means a nursing facility to	27763
which all of the following apply:	27764

(a) The nursing facility, during either the first or second	27765
quarter of fiscal year 2009, completed a capital project for which	27766
the Director of Health approved a certificate of need on December	27767
22, 2003.	27768

(b) The nursing facility has one hundred ninety-two beds.

27769

(c) The provider of the nursing facility files a three-month	27770
projected capital cost report for the nursing facility with the	27771
Director of Job and Family Services not later than ninety days	27772
after the date the capital project is completed.	27773

(B) Except as otherwise provided by this section, the	27774
provider of a nursing facility that has a valid Medicaid provider	27775
agreement on June 30, 2008, and a valid Medicaid provider	27776
agreement during fiscal year 2009 shall be paid, for nursing	27777
facility services the nursing facility provides during fiscal year	27778
2009, the rate calculated for the nursing facility under sections	27779
5111.20 to 5111.33 of the Revised Code with the following	27780
adjustments:	27781

(1) The cost per case mix-unit calculated under section	27782
5111.231 of the Revised Code, the rate for ancillary and support	27783
costs calculated under section 5111.24 of the Revised Code, the	27784
rate for capital costs calculated under section 5111.25 of the	27785
Revised Code, and the rate for tax costs calculated under section	27786
5111.242 of the Revised Code shall each be adjusted as follows:	27787

(a) Increase the cost and rates so calculated by two per	27788
cent;	27789

(b) Increase the cost and rates determined under division	27790
(B)(1)(a) of this section by two per cent;	27791

(c) Increase the cost and rates determined under division	27792
(B)(1)(b) of this section by one per cent.	27793

(2) The mean payment used in the calculation of the quality	27794
incentive payment made under section 5111.244 of the Revised Code	27795
shall be, weighted by Medicaid days, three dollars and three cents	27796
per Medicaid day.	27797

(C) If the rate determined for a nursing facility under	27798
division (B) of this section for nursing facility services	27799
provided during fiscal year 2009 is more than one hundred two and	27800
seventy-five hundredths per cent of the sum of the nursing	27801
facility's fiscal year 2008 rate ~~the provider is paid for~~	27802
~~nursing facility services the nursing facility provides on June~~	27803
~~30, 2008~~and the amount specified in division (D) of this section,	27804
the Department of Job and Family Services shall reduce the	27805
nursing facility's fiscal year 2009 rate so that the rate is	27806
not more than one hundred two and seventy-five hundredths per	27807
cent of ~~the nursing facility's rate for June 30, 2008~~that sum.	27808
If the rate determined for a nursing facility under division	27809
(B) of this section for nursing facility services provided	27810
during fiscal year 2009 is less than the sum of the nursing	27811
facility's fiscal year 2008 rate ~~the provider is paid for~~	27812
~~nursing facility services the nursing facility provides on~~	27813
~~June 30, 2008~~and the amount specified in division (D) of this	27814
section, the Department shall increase the nursing facility's	27815
fiscal year 2009 rate so that the rate is not less than ~~the~~	27816
~~nursing facility's rate for June 30, 2008~~that sum.	27817

(D) Subject to division (E) of this section, the following	27818
amount shall be added to a nursing facility's fiscal year 2008	27819
rate for the purpose of determining the ceiling and floor under	27820
division (C) of this section:	27821

(1) If the nursing facility is a type A nursing facility, the	27822
amount of the per diem for which the nursing facility qualifies	27823
under Section 309.30.42 of Am. Sub. H.B. 119 of the 127th General	27824
Assembly, as amended by this act;	27825

(2) If the nursing facility is a type B nursing facility, the	27826
amount that is the difference between the capital costs portion of	27827
the nursing facility's initial rate established under section	27828
5111.254 of the Revised Code and the lesser of the following:	27829

(a) Eighty-eight and sixty-five hundredths per cent of the	27830
nursing facility's cost of ownership as reported on its	27831
three-month projected capital cost report divided by the greater	27832
of the number of inpatient days the nursing facility is expected	27833
to have during the period covered by the projected capital cost	27834
report or the number of inpatient days the nursing facility would	27835
have during that period if the nursing facility's occupancy rate	27836
was eighty per cent;	27837

(b) The maximum capital per diem rate in effect for fiscal	27838
year 2005 for nursing facilities.	27839

(3) If the nursing facility is a type C nursing facility,	27840
type D nursing facility, or type F nursing facility, the amount	27841
that is the difference between the capital costs portion of the	27842
nursing facility's fiscal year 2008 rate and the lesser of the	27843
following:	27844

(a) Eighty-eight and sixty-five hundredths per cent of the	27845
nursing facility's cost of ownership as reported on its	27846
three-month projected capital cost report divided by the greater	27847
of the number of inpatient days the nursing facility is expected	27848
to have during the period covered by the projected capital cost	27849
report or the number of inpatient days the nursing facility would	27850
have during that period if the nursing facility's occupancy rate	27851
was ninety-five per cent;	27852

(b) The maximum capital per diem rate in effect for fiscal	27853
year 2005 for nursing facilities.	27854

(4) If the nursing facility is a type E nursing facility, the	27855
amount that is equal to eighty-five per cent of the nursing	27856
facility's capital costs for the renovation as reported on its	27857
three-month projected capital cost report divided by the greater	27858
of the number of inpatient days the nursing facility is expected	27859
to have during the period covered by the projected capital cost	27860
report or the number of inpatient days the nursing facility would	27861
have during that period if the nursing facility's occupancy rate	27862
was ninety-five per cent;	27863

(5) If the nursing facility is not a type A nursing facility,	27864
type B nursing facility, type C nursing facility, type D nursing	27865
facility, type E nursing facility, or type F nursing facility,	27866
zero.	27867

(E) The amount to be added to the fiscal year 2008 rate of a	27868
type A nursing facility, type B nursing facility, type C nursing	27869
facility, type D nursing facility, type E nursing facility, or	27870
type F nursing facility for the purpose of determining the ceiling	27871
and floor under division (C) of this section shall be zero until	27872
the later of the following:	27873

(1) July 1, 2008;

27874

(2) The first day of the month following the month in which	27875
the provider files the three-month projected capital cost report	27876
for the nursing facility with the Director of Job and Family	27877
Services.	27878

(F) If the United States Centers for Medicare and Medicaid	27879
Services requires that the franchise permit fee be reduced or	27880
eliminated, the Department of Job and Family Services shall reduce	27881
the amount it pays providers of nursing facility services under	27882
this section as necessary to reflect the loss to the state of the	27883
revenue and federal financial participation generated from the	27884
franchise permit fee.	27885

~~(E)~~(G) The Department of Job and Family Services shall follow	27886
this section in determining the rate to be paid to the provider of	27887
a nursing facility that has a valid Medicaid provider agreement on	27888
June 30, 2008, and a valid Medicaid provider agreement during	27889
fiscal year 2009 notwithstanding anything to the contrary in	27890
sections 5111.20 to 5111.33 of the Revised Code.	27891

(H) Not later than sixty days after the effective date of the	27892
amendments to this section, the Director of Job and Family	27893
Services shall submit an amendment to the state Medicaid plan to	27894
the United States Secretary of Health and Human Services as	27895
necessary to implement the amendments to this section. On receipt	27896
of the United States Secretary's approval of the amendment to the	27897
state Medicaid plan, the Director shall implement the amendments	27898
to this section retroactive to the effective date of the state	27899
Medicaid plan amendment.	27900

Sec. 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID	27901
REIMBURSEMENT SYSTEM FOR ICFs/MR	27902

(A) As used in this section:

27903

"Intermediate care facility for the mentally retarded" has	27904
the same meaning as in section 5111.20 of the Revised Code.	27905

"Medicaid days" means all days during which a resident who is	27906
a Medicaid recipient occupies a bed in an intermediate care	27907
facility for the mentally retarded that is included in the	27908
facility's Medicaid-certified capacity. Therapeutic or hospital	27909
leave days for which payment is made under section 5111.33 of the	27910
Revised Code are considered Medicaid days proportionate to the	27911
percentage of the intermediate care facility for the mentally	27912
retarded's per resident per day rate paid for those days.	27913

"Per diem rate" means the per diem rate calculated pursuant	27914
to sections 5111.20 to 5111.33 of the Revised Code.	27915

(B) Notwithstanding sections 5111.20 to 5111.33 of the	27916
Revised Code, rates paid to intermediate care facilities for the	27917
mentally retarded under the Medicaid program shall be subject to	27918
the following limitations:	27919

(1) For fiscal year 2008, the mean total per diem rate for	27920
all intermediate care facilities for the mentally retarded in the	27921
state, weighted by May 2007 Medicaid days and calculated as of	27922
July 1, 2007, shall not exceed $266.14.	27923

(2) For fiscal year 2009, the mean total per diem rate for	27924
all intermediate care facilities for the mentally retarded in the	27925
state, weighted by May 2008 Medicaid days and calculated as of	27926
July 1, 2008, shall not exceed ~~$271.46~~$276.13.	27927

(3) If the mean total per diem rate for all intermediate care	27928
facilities for the mentally retarded in the state for fiscal year	27929
2008 or 2009, weighted by Medicaid days as specified in division	27930
(B)(1) or (2) of this section, as appropriate, and calculated as	27931
of the first day of July of the calendar year in which the fiscal	27932
year begins, exceeds the amount specified in division (B)(1) or	27933
(2) of this section, as applicable, the Department of Job and	27934
Family Services shall reduce the total per diem rate for each	27935
intermediate care facility for the mentally retarded in the state	27936
by a percentage that is equal to the percentage by which the mean	27937
total per diem rate exceeds the amount specified in division	27938
(B)(1) or (2) of this section for that fiscal year.	27939

(4) Subsequent to any reduction required by division (B)(3)	27940
of this section, the rate of an intermediate care facility for the	27941
mentally retarded shall not be subject to any adjustments	27942
authorized by sections 5111.20 to 5111.33 of the Revised Code	27943
during the remainder of the year.	27944

Sec. 309.30.41. ADDITIONAL COMPENSATION FOR NURSING FACILITY	27945
CAPITAL COSTS	27946

The foregoing appropriation item 600-529, Capital	27947
Compensation Program, shall be used to make payments to nursing	27948
facilities under ~~the section of this act entitled "FISCAL YEARS~~	27949
~~2008 AND 2009 PAYMENTS TO CERTAIN NURSING FACILITIES~~Section	27950
309.30.42 of Am. Sub. H.B. 119 of the 127th General Assembly."	27951

The unencumbered balance of appropriation item 600-529,	27952
Capital Compensation Program, at the end of fiscal year 2008 is	27953
hereby appropriated to appropriation item 600-525, Health	27954
Care/Medicaid, for fiscal year 2009 ~~for use under the same~~	27955
~~appropriation item~~. The Director of Budget and Management shall	27956
increase the state share of appropriations in appropriation item	27957
600-525, Health Care/Medicaid, by the amount of the unencumbered	27958
balance of appropriation item 600-529, Capital Compensation	27959
Program, with a corresponding increase in the federal share.	27960

Sec. 309.30.42. FISCAL ~~YEARS~~YEAR 2008 ~~AND 2009~~ PAYMENTS TO	27961
CERTAIN NURSING FACILITIES	27962

(A) As used in this section:

27963

"Capital costs," "cost of ownership," and "renovation" have	27964
the same meanings as in section 5111.20 of the Revised Code as	27965
that section existed on June 30, 2005.	27966

"Change of operator" has the same meaning as in section	27967
5111.65 of the Revised Code.	27968

"Inpatient days," "Medicaid days," and "nursing facility"	27969
have the same meanings as in section 5111.20 of the Revised Code.	27970

"Reviewable activity" has the same meaning as in section	27971
3702.51 of the Revised Code.	27972

(B) The following qualify for per diem payments under this	27973
section:	27974

(1) A nursing facility to which both of the following apply:

27975

(a) Both of the following occurred during fiscal year 2006,	27976
or 2007, or the first three quarters of fiscal year 2008:	27977

(i) The facility obtained certification as a nursing facility	27978
from the Director of Health.	27979

(ii) The facility began participating in the Medicaid	27980
program.	27981

(b) An application for a certificate of need for the nursing	27982
facility was filed with the Director of Health before June 15,	27983
2005.	27984

(2) A nursing facility to which all of the following apply:

27985

(a) The nursing facility does not qualify for a payment	27986
pursuant to division (B)(1) of this section.	27987

(b) The nursing facility, before ~~June 30~~March 31, 2008,	27988
completed a capital project for which a certificate of need was	27989
filed with the Director of Health before June 15, 2005, and for	27990
which at least one of the following occurred before July 1, 2005,	27991
or, if the capital project is undertaken to comply with rules	27992
adopted by the Public Health Council regarding resident room size	27993
or occupancy, before June 30, 2007:	27994

(i) Any materials or equipment for the capital project were	27995
delivered;	27996

(ii) Preparations for the physical site of the capital	27997
project, including, if applicable, excavation, began;	27998

(iii) Actual work on the capital project began.

27999

(c) The costs of the capital project are not fully reflected	28000
in the capital costs portion of the nursing facility's Medicaid	28001
reimbursement per diem rate on June 30, 2005.	28002

(d) The nursing facility files a three-month projected	28003
capital cost report with the Director of Job and Family Services	28004
not later than ninety days after the later of March 30, 2006, or	28005
the date the capital project is completed.	28006

(3) A nursing facility that, before ~~June 30~~March 31, 2008,	28007
completed an activity to which all of the following apply:	28008

(a) A request was filed with the Director of Health before	28009
July 1, 2005, for a determination of whether the activity is a	28010
reviewable activity and the Director determined that the activity	28011
is not a reviewable activity.	28012

(b) At least one of the following occurred before July 1,	28013
2005, or, if the nursing facility undertakes the activity to	28014
comply with rules adopted by the Public Health Council regarding	28015
resident room size or occupancy, before June 30, 2007:	28016

(i) Any materials or equipment for the activity were	28017
delivered.	28018

(ii) Preparations for the physical site of the activity,	28019
including, if applicable, excavation, began.	28020

(iii) Actual work on the activity began.

28021

(c) The costs of the activity are not fully reflected in the	28022
capital costs portion of the nursing facility's Medicaid	28023
reimbursement per diem rate on June 30, 2005.	28024

(d) The nursing facility files a three-month projected	28025
capital cost report with the Director of Job and Family Services	28026
not later than ninety days after the later of March 30, 2006, or	28027
the date the activity is completed.	28028

(4) A nursing facility that, before ~~June 30~~March 31, 2008,	28029
completed a renovation to which all of the following apply:	28030

(a) The Director of Job and Family Services approved the	28031
renovation before July 1, 2005.	28032

(b) At least one of the following occurred before July 1,	28033
2005, or, if the nursing facility undertakes the renovation to	28034
comply with rules adopted by the Public Health Council regarding	28035
resident room size or occupancy, before June 30, 2007:	28036

(i) Any materials or equipment for the renovation were	28037
delivered.	28038

(ii) Preparations for the physical site of the renovation,	28039
including, if applicable, excavation, began.	28040

(iii) Actual work on the renovation began.

28041

(c) The costs of the renovation are not fully reflected in	28042
the capital costs portion of the nursing facility's Medicaid	28043
reimbursement per diem rate on June 30, 2005.	28044

(d) The nursing facility files a three-month projected	28045
capital cost report with the Director of Job and Family Services	28046
not later than ninety days after the later of March 30, 2006, or	28047
the date the renovation is completed.	28048

(C) If a nursing facility qualifies for per diem payments	28049
pursuant to division (B)(1) of this section ~~for fiscal year 2008~~,	28050
the nursing facility's per diem payments under this section ~~for~~	28051
~~fiscal year 2008~~ shall equal the difference between the capital	28052
costs portion of the nursing facility's Medicaid reimbursement per	28053
diem rate determined under Section 309.30.20 of ~~this act~~Am. Sub.	28054
H.B. 119 of the 127th General Assembly or, if that section does	28055
not apply to the nursing facility, the capital costs portion of	28056
the nursing facility's initial rate established under section	28057
5111.254 of the Revised Code and the lesser of the following:	28058

(1) Eighty-eight and sixty-five hundredths per cent of the	28059
nursing facility's cost of ownership as reported on a three-month	28060
projected capital cost report divided by the greater of the number	28061
of inpatient days the nursing facility is expected to have during	28062
the period covered by the projected capital cost report or the	28063
number of inpatient days the nursing facility would have during	28064
that period if the nursing facility's occupancy rate was eighty	28065
per cent.	28066

(2) The maximum capital per diem rate in effect for fiscal	28067
year 2005 for nursing facilities.	28068

(D) ~~If a nursing facility qualifies for per diem payments~~	28069
~~pursuant to division (B)(1) of this section for fiscal year 2009,~~	28070
~~the nursing facility's per diem payments under this section for~~	28071
~~fiscal year 2009 shall equal the difference between the capital~~	28072
~~costs portion of the nursing facility's Medicaid reimbursement per~~	28073
~~diem rate determined under Section 309.30.30 of this act and the~~	28074
~~lesser of the following:~~	28075

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	28076
~~nursing facility's cost of ownership as reported on a three-month~~	28077
~~projected capital cost report divided by the greater of the number~~	28078
~~of inpatient days the nursing facility is expected to have during~~	28079
~~the period covered by the projected capital cost report or the~~	28080
~~number of inpatient days the nursing facility would have during~~	28081
~~that period if the nursing facility's occupancy rate was eighty~~	28082
~~per cent.~~	28083

~~(2) The maximum capital per diem rate in effect for fiscal~~	28084
~~year 2005 for nursing facilities.~~	28085

~~(E)~~ The per diem payments paid ~~for fiscal year 2008~~ to a	28086
nursing facility that qualifies for the payments pursuant to	28087
division (B)(2) or (3) of this section shall equal the difference	28088
between the capital costs portion of the nursing facility's	28089
Medicaid reimbursement per diem rate determined under Section	28090
309.30.20 of ~~this act~~Am. Sub. H.B. 119 of the 127th General	28091
Assembly and the lesser of the following:	28092

(1) Eighty-eight and sixty-five hundredths per cent of the	28093
nursing facility's cost of ownership as reported on a three-month	28094
projected capital cost report divided by the greater of the number	28095
of inpatient days the nursing facility is expected to have during	28096
the period covered by the projected capital cost report or the	28097
number of inpatient days the nursing facility would have during	28098
that period if the nursing facility's occupancy rate was	28099
ninety-five per cent.	28100

(2) The maximum capital per diem rate in effect for fiscal	28101
year 2005 for nursing facilities.	28102

~~(F) The per diem payments paid for fiscal year 2009 to a~~	28103
~~nursing facility that qualifies for the payments pursuant to~~	28104
~~division (B)(2) or (3) of this section shall equal the difference~~	28105
~~between the capital costs portion of the nursing facility's~~	28106
~~Medicaid reimbursement per diem rate determined under Section~~	28107
~~309.30.30 of this act and the lesser of the following:~~	28108

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	28109
~~nursing facility's cost of ownership as reported on a three-month~~	28110
~~projected capital cost report divided by the greater of the number~~	28111
~~of inpatient days the nursing facility is expected to have during~~	28112
~~the period covered by the projected capital cost report or the~~	28113
~~number of inpatient days the nursing facility would have during~~	28114
~~that period if the nursing facility's occupancy rate was~~	28115
~~ninety-five per cent.~~	28116

~~(2) The maximum capital per diem rate in effect for fiscal~~	28117
~~year 2005 for nursing facilities.~~	28118

~~(G)~~(E) The per diem payments paid to a nursing facility that	28119
qualifies for the payments pursuant to division (B)(4) of this	28120
section shall equal eighty-five per cent of the nursing facility's	28121
capital costs for the renovation as reported on a three-month	28122
projected capital cost report divided by the greater of the number	28123
of inpatient days the nursing facility is expected to have during	28124
the period covered by the projected capital cost report or the	28125
number of inpatient days the nursing facility would have during	28126
that period if the nursing facility's occupancy rate was	28127
ninety-five per cent.	28128

~~(H)~~(F) All of the following apply to the per diem payments	28129
made under this section:	28130

(1) ~~All nursing facilities' eligibility for the payments~~	28131
~~shall cease at the earlier of the following:~~	28132

~~(a) July 1, 2009;~~

28133

~~(b) The date that the total amount of the payments equals~~	28134
~~seven million dollars.~~	28135

~~(2) The payments made for the last quarter that the payments~~	28136
~~are made may be reduced proportionately as necessary to avoid~~	28137
~~spending more than seven million dollars under this section.~~	28138

~~(3) The~~Subject to the following, the per diem payments shall	28139
be made for ~~quarterly periods~~only the first three quarters of	28140
fiscal year 2008 by multiplying the per diem determined for a	28141
nursing facility by the number of Medicaid days the nursing	28142
facility has for the ~~quarter~~quarters for which the payment is	28143
made:	28144

(a) Not more than a total of four million two hundred	28145
thousand dollars may be spent on the payments.	28146

(b) The payments may be reduced proportionately as necessary	28147
to avoid spending more than four million two hundred thousand	28148
dollars under this section.	28149

~~(4)~~(2) Any per diem payments to be made to a nursing facility	28150
~~for a quarter ending before July 2008~~under this section shall be	28151
made not later than ~~September~~June 30, 2008.	28152

~~(5) Any per diem payments to be made to a nursing facility~~	28153
~~for a quarter beginning after June 2008 shall be made not later~~	28154
~~than three months after the last day of the quarter for which the~~	28155
~~payments are made.~~	28156

~~(6)~~(3) A change of operator shall not cause the payments to a	28157
nursing facility to ~~cease~~not be made.	28158

~~(7)~~(4) The payments shall only be made to a nursing facility	28159
for the first three quarters ~~during~~of fiscal ~~years~~year 2008 ~~and~~	28160
~~2009~~ for which the nursing facility has a valid Medicaid	28161
provider agreement.	28162

~~(8)~~(5) The payments shall be in addition to a nursing	28163
facility's Medicaid reimbursement per diem rate calculated under	28164
Section 309.30.20 ~~or 309.30.30~~ of ~~this act~~Am. Sub. H.B. 119 of	28165
the 127th General Assembly.	28166

~~(I)~~(G) The Director of Job and Family Services shall monitor,	28167
~~on a quarterly basis,~~ the per diem payments made to nursing	28168
facilities under this section to ensure that not more than a	28169
total of ~~seven~~four million two hundred thousand dollars is spent	28170
under this section.	28171

~~(J)~~(H) The determinations that the Director of Job and Family	28172
Services makes under this section are not subject to appeal under	28173
Chapter 119. of the Revised Code.	28174

~~(K)~~(I) The Director of Job and Family Services may adopt	28175
rules in accordance with Chapter 119. of the Revised Code as	28176
necessary to implement this section. The Director's failure to	28177
adopt the rules does not affect the requirement that the per diem	28178
payments be made under this section.	28179

Sec. 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE

28180

The foregoing appropriation item 600-658, Child Support	28181
Collections, shall be used by the Department of Job and Family	28182
Services to meet the TANF maintenance of effort requirements of 42	28183
U.S.C. 609(a)(7). When the state is assured that it will meet the	28184
maintenance of effort requirement, the Department of Job and	28185
Family Services may use funds from appropriation item 600-658,	28186
Child Support Collections, to support ~~child support~~public	28187
assistance activities.	28188

Sec. 337.30. COMMUNITY SERVICES

28189

General Revenue Fund	28190

GRF	322-413	Residential and Support Services	$	6,753,881	$	6,753,881	28191
GRF	322-416	Medicaid Waiver - State Match	$	109,551,380	$	109,551,380	28192
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	28193
GRF	322-501	County Boards Subsidies	$	87,270,048	$	87,270,048	28194
GRF	322-503	Tax Equity	$	14,000,000	$	14,000,000	28195
GRF	322-504	Martin Settlement	$	6,159,766	$	29,036,451	28196
TOTAL GRF General Revenue Fund			$	230,673,973	$	253,550,658	28197

General Services Fund Group	28198

488	322-603	Provider Audit Refunds	$	10,000	$	10,000	28199
5MO	322-628	Martin Settlement	$	150,000	$	0	28200
TOTAL GSF General Services							28201
Fund Group			$	160,000	$	10,000	28202

Federal Special Revenue Fund Group	28203

3G6	322-639	Medicaid Waiver - Federal	$	456,311,171	$	506,618,829	28204
3M7	322-650	CAFS Medicaid	$	4,278,713	$	0	28205
325	322-612	Community Social Service Programs	$	11,186,114	$	11,164,639	28206
TOTAL FED Federal Special Revenue							28207
Fund Group			$	471,775,998	$	517,783,468	28208

State Special Revenue Fund Group	28209

4K8	322-604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	28210
5DJ	322-625	Targeted Case Management Match	$	11,082,857	$	11,470,757	28211
5DJ	322-626	Targeted Case Management Services	$	27,548,737	$	28,512,943	28212
5EV	322-627	Program Fees	$	20,000	$	20,000	28213
5H0	322-619	Medicaid Repayment	$	10,000	$	10,000	28214
5Z1	322-624	County Board Waiver Match	$	116,000,000	$	126,000,000	28215
5CT	322-632	Autism Preschool Program	$	0	$	1,000,000	28216
TOTAL SSR State Special Revenue							28217
Fund Group			$	166,661,594	$	~~178,013,700~~ 179,013,700	28218
TOTAL ALL COMMUNITY SERVICES							28219
BUDGET FUND GROUPS			$	869,271,565	$	~~949,357,826~~ 950,357,826	28220

AUTISM PRESCHOOL PROGRAM

28221

Of the foregoing appropriation item 322-632, Autism Preschool	28222
Program, $1,000,000 in fiscal year 2009 shall be provided to the	28223
Educational Service Center of Franklin County to administer the	28224
Autism Preschool Program established under section 3323.36 of the	28225
Revised Code. The Director of Mental Retardation and Developmental	28226
Disabilities and the Superintendent of the Educational Service	28227
Center of Franklin County shall enter into an agreement, which	28228
shall require the Superintendent, at the end of each grant period,	28229
to submit a report to the Director of Mental Retardation and	28230
Developmental Disabilities on the Autism Preschool Program	28231
detailing the use of the funds and outcomes of the program funded	28232
by the grant.	28233

Sec. 337.30.43. TAX EQUITY

28234

Notwithstanding section 5126.18 of the Revised Code, ~~if a~~	28235
~~county board of mental retardation and developmental disabilities~~	28236
~~received a tax equity payment in fiscal year 2007, but would not~~	28237
~~receive such a payment in fiscal years 2008 and 2009, the~~	28238
~~Department of Mental Retardation and Developmental Disabilities~~	28239
~~shall use the foregoing appropriation item 322-503, Tax Equity, to~~	28240
~~pay each such board in each fiscal year of the biennium an amount~~	28241
~~that is equal to the tax equity payment the board received in~~	28242
~~fiscal year 2007 or $25,000, whichever is less. The Department~~	28243
~~shall use the remainder of the appropriation item to make tax~~	28244
~~equity payments in accordance with section 5126.18 of the Revised~~	28245
~~Code~~for fiscal year 2009, if the Department of Mental Retardation	28246
and Developmental Disabilities determines that sufficient funds	28247
are available, the Department shall use the foregoing	28248
appropriation item 322-503, Tax Equity, to pay each county board	28249
of mental retardation and developmental disabilities an amount	28250
that is equal to the amount the board received for fiscal year	28251
2008. If the Department determines that there are not sufficient	28252
funds available in the appropriation item for this purpose, the	28253
Department shall pay to each county board an amount that is	28254
proportionate to the amount the board received for fiscal year	28255
2008. Proportionality shall be determined by dividing the total	28256
tax equity payments distributed to county boards for fiscal year	28257
2008 by the tax equity payment a county board received for fiscal	28258
year 2008.	28259

Sec. 337.40. RESIDENTIAL FACILITIES

28260

General Revenue Fund	28261

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		28262
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		28263

General Services Fund Group	28264

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	28265
TOTAL GSF General Services							28266
Fund Group			$	912,177	$	912,177	28267

Federal Special Revenue Fund Group	28268

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	28269
TOTAL FED Federal Special Revenue							28270
Fund Group			$	136,299,536	$	137,555,308	28271

State Special Revenue Fund Group	28272

221	322-620	Supplement Service Trust	$	150,000	$	150,000	28273
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	28274
TOTAL SSR State Special Revenue							28275
Fund Group			$	14,693,764	$	14,821,616	28276
TOTAL ALL RESIDENTIAL FACILITIES							28277
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	28278

DEPARTMENT TOTAL					28279
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	28280
DEPARTMENT TOTAL					28281
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	28282
DEPARTMENT TOTAL					28283
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	28284
DEPARTMENT TOTAL					28285
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	~~204,307,651~~ 205,307,651	28286
TOTAL DEPARTMENT OF MENTAL					28287
RETARDATION AND DEVELOPMENTAL					28288
DISABILITIES	$	1,173,981,084	$	~~1,252,695,175~~ 1,253,695,175	28289

Sec. 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	28291
PROGRAM	28292

The Director of Mental Retardation and Developmental	28293
Disabilities shall establish~~, as part of the Individual Options~~	28294
~~Medicaid Waiver program,~~ a pilot program ~~to be operated~~ during	28295
calendar year 2009 under which the Gallipolis Developmental	28296
Center ~~provides home and community-based services under the~~	28297
~~Individual Options Medicaid waiver program to not more than ten~~	28298
~~individuals at one time~~operates an intermediate care facility for	28299
the mentally retarded with eight beds at a site separate from the	28300
grounds of the developmental center. The Gallipolis Developmental	28301
Center may operate the intermediate care facility for the mentally	28302
retarded notwithstanding section 5123.196 of the Revised Code.	28303
Money shall be expended on the pilot program beginning in the	28304
first half of calendar year 2009.	28305

~~The pilot program shall be operated in a manner consistent~~	28306
~~with the terms of the consent order filed March 5, 2007, in~~ ~~Martin~~	28307
~~v. Strickland, Case No. 89-CV-00362, in the United States District~~	28308
~~Court for the Southern District of Ohio, Eastern Division. The~~	28309
~~pilot program also shall be operated in accordance with the~~	28310
~~federal Medicaid waiver authorizing the Individual Options~~	28311
~~Medicaid waiver program. Only individuals eligible for the~~	28312
~~Individual Options Medicaid waiver program who volunteer to~~	28313
~~receive home and community-based services under the Individual~~	28314
~~Options Medicaid waiver program from the Gallipolis Developmental~~	28315
~~Center may participate in the pilot program.~~ The Director of	28316
Mental Retardation and Developmental Disabilities and the	28317
Director of Job and Family Services shall provide the Gallipolis	28318
Developmental Center technical assistance ~~the Center needs~~	28319
regarding the pilot program.	28320

~~All expenses the Gallipolis Developmental Center incurs in~~	28321
~~participating in the pilot program shall be paid from the~~	28322
~~Medicaid payments the Center receives for providing home and~~	28323
~~community-based services under the program.~~	28324

The Director of Mental Retardation and Developmental	28325
Disabilities shall conduct an evaluation of the pilot program,	28326
including an evaluation of the quality and effectiveness of the	28327
~~home and community-based~~ services the Gallipolis Developmental	28328
Center provides under the pilot program. The Director shall submit	28329
a report of the evaluation to the Governor and the General	28330
Assembly not later than April 1, 2010. The Director shall include	28331
in the report recommendations ~~for or against permitting the~~	28332
~~Gallipolis Developmental Center to continue to provide home and~~	28333
~~community-based services under the Individual Options Medicaid~~	28334
~~waiver program and permitting other developmental centers to begin~~	28335
~~to provide these services~~regarding the continuation of the pilot	28336
program and whether other developmental centers should be	28337
permitted to establish and operate intermediate care facilities	28338
for the mentally retarded at sites separate from the grounds of	28339
the developmental centers.	28340

Sec. 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

28341

General Services Fund Group	28342

5F6	870-622	Utility and Railroad Regulation	$	32,820,027	$	33,804,627	28343
5F6	870-624	NARUC/NRRI Subsidy	$	158,000	$	158,000	28344
5F6	870-625	Motor Transportation Regulation	$	4,635,413	$	4,772,765	28345
TOTAL GSF General Services							28346
Fund Group			$	37,613,440	$	38,735,392	28347

Federal Special Revenue Fund Group	28348

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	28349
333	870-601	Gas Pipeline Safety	$	597,957	$	597,959	28350
350	870-608	Motor Carrier Safety	$	7,137,534	$	7,351,660	28351
TOTAL FED Federal Special Revenue							28352
Fund Group			$	8,035,491	$	8,249,619	28353

State Special Revenue Fund Group	28354

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757		$	1,349,757	28355
4L8	870-617	Pipeline Safety-State	$	187,621		$	187,621	28356
4S6	870-618	Hazardous Material Registration	$	464,325		$	464,325	28357
4S6	870-621	Hazardous Materials Base State Registration	$	373,346		$	373,346	28358
4U8	870-620	Civil Forfeitures	$	284,986		$	284,986	28359
5BP	870-623	Wireless 9-1-1 Administration	$	26,875,000		$	13,375,000	28360
5Q5	870-626	Telecommunication Relay Service	$	0		$	5,000,000	28361
559	870-605	Public Utilities Territorial Administration	$	4,000		$	4,000	28362
560	870-607	Public Utilities Investigations	$	100,000		$	100,000	28363
561	870-606	Power Siting Board	$	404,651		$	404,652	28364
638	870-611	Biomass Energy Program	$	40,000		$	40,000	28365
661	870-612	Hazardous Materials Transportation	$	900,000		$	900,000	28366
TOTAL SSR State Special Revenue								28367
Fund Group			$	30,983,686		$	~~17,483,687~~	28368
			22,483,687		28369

Agency Fund Group	28370

4G4	870-616	Base State Registration Program	$	2,000,000		$	0	28371
TOTAL AGY Agency Fund Group			$	2,000,000		$	0	28372
TOTAL ALL BUDGET FUND GROUPS			$	78,632,617		$	~~64,468,698~~	28373
			69,468,698		28374

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

28375

The fund created by section 4923.26 of the Revised Code is	28376
the same fund, with a new name, as the Commercial Vehicle	28377
Information Systems and Networks Fund (Fund 3V3).	28378

ENHANCED AND WIRELESS ENHANCED 9-1-1

28379

The foregoing appropriation item 870-623, Wireless 9-1-1	28380
Administration, shall be used pursuant to section 4931.63 of the	28381
Revised Code.	28382

TELECOMMUNICATIONS RELAY SERVICE FUNDING

28383

The Telecommunications Relay Service Fund is hereby created	28384
in the state treasury. The vendor selected to provide	28385
telecommunications relay service in Ohio, as required by 47 C.F.R.	28386
64.601, shall submit an invoice to the Public Utilities Commission	28387
by January 31, 2009, for costs it has incurred in providing the	28388
service during calendar year 2008. The Public Utilities Commission	28389
shall notify the Director of Budget and Management of the amount	28390
invoiced, and the Director of Budget and Management shall transfer	28391
that amount from the Public Utilities Fund (Fund 5F6) to the	28392
Telecommunications Relay Service Fund on or before February 28,	28393
2009. The amount transferred shall be used to pay the	28394
telecommunications relay service vendor the amount invoiced. This	28395
amount is hereby appropriated.	28396

Sec. 375.10. BOR BOARD OF REGENTS

28397

General Revenue Fund	28398

GRF	235-321	Operating Expenses	$	3,141,351	$	3,141,351	28399
GRF	235-401	Lease Rental Payments	$	203,177,900	$	136,017,500	28400
GRF	235-402	Sea Grants	$	300,000	$	300,000	28401
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	28402
GRF	235-408	Midwest Higher Education Compact	$	95,000	$	95,000	28403
GRF	235-409	Information System	$	1,175,172	$	1,175,172	28404
GRF	235-414	State Grants and Scholarship Administration	$	1,707,881	$	1,707,881	28405
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	28406
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	28407
GRF	235-418	Access Challenge	$	66,585,769	$	66,585,769	28408
GRF	235-420	Success Challenge	$	53,653,973	$	53,653,973	28409
GRF	235-428	Appalachian New Economy Partnership	$	1,176,068	$	1,176,068	28410
GRF	235-433	Economic Growth Challenge	$	17,186,194	$	17,186,194	28411
GRF	235-434	College Readiness and Access	$	12,655,425	$	12,655,425	28412
GRF	235-435	Teacher Improvement Initiatives	$	4,797,506	$	11,297,506	28413
GRF	235-436	AccelerateOhio	$	1,250,000	$	2,500,000	28414
GRF	235-438	Choose Ohio First Scholarship	$	50,000,000	$	50,000,000	28415
GRF	235-439	Ohio Research Scholars	$	30,000,000	$	0	28416
GRF	235-451	Eminent Scholars	$	0	$	1,000,000	28417
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	28418
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	28419
GRF	235-501	State Share of Instruction	$	1,678,877,952	$	1,842,965,747	28420
GRF	235-502	Student Support Services	$	795,790	$	795,790	28421
GRF	235-503	Ohio Instructional Grants	$	42,533,966	$	18,315,568	28422
GRF	235-504	War Orphans Scholarships	$	4,812,321	$	4,812,321	28423
GRF	235-507	OhioLINK	$	7,387,824	$	7,387,824	28424
GRF	235-508	Air Force Institute of Technology	$	2,050,345	$	2,050,345	28425
GRF	235-510	Ohio Supercomputer Center	$	4,271,195	$	4,271,195	28426
GRF	235-511	Cooperative Extension Service	$	26,273,260	$	26,273,260	28427
GRF	235-513	Ohio University Voinovich Center	$	669,082	$	669,082	28428
GRF	235-514	Central State Supplement	$	11,756,414	$	12,109,106	28429
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	28430
GRF	235-518	Capitol Scholarship Program	$	125,000	$	125,000	28431
GRF	235-519	Family Practice	$	4,548,470	$	4,548,470	28432
GRF	235-520	Shawnee State Supplement	$	2,502,323	$	2,577,393	28433
GRF	235-521	The Ohio State University John Glenn School of Public Affairs	$	619,082	$	619,082	28434
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	28435
GRF	235-525	Geriatric Medicine	$	750,110	$	750,110	28436
GRF	235-526	Primary Care Residencies	$	2,245,688	$	2,245,688	28437
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	28438
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	28439
GRF	235-531	Student Choice Grants	$	38,485,376	$	38,485,376	28440
GRF	235-535	Ohio Agricultural Research and Development Center	$	37,174,292	$	37,174,292	28441
GRF	235-536	The Ohio State University Clinical Teaching	$	13,565,885	$	13,565,885	28442
GRF	235-537	University of Cincinnati Clinical Teaching	$	11,157,756	$	11,157,756	28443
GRF	235-538	University of Toledo Clinical Teaching	$	8,696,866	$	8,696,866	28444
GRF	235-539	Wright State University Clinical Teaching	$	4,225,107	$	4,225,107	28445
GRF	235-540	Ohio University Clinical Teaching	$	4,084,540	$	4,084,540	28446
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,200,945	$	4,200,945	28447
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	100,000	$	100,000	28448
GRF	235-547	School of International Business	$	450,000	$	650,000	28449
GRF	235-552	Capital Component	$	~~19,306,442~~ 19,789,868	$	~~19,306,442~~ 19,789,868	28450
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,931,599	$	2,931,599	28451
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	28452
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	28453
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	28454
GRF	235-558	Long-term Care Research	$	461,047	$	461,047	28455
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	28456
GRF	235-563	Ohio College Opportunity Grant	$	139,974,954	$	151,113,781	28457
GRF	235-567	Central State University Speed to Scale	$	4,400,000	$	3,800,000	28458
GRF	235-571	James A. Rhodes Scholarship	$	10,000,000	$	0	28459
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	28460
GRF	235-573	Ohio Humanities Council	$	25,000	$	25,000	28461
GRF	235-583	Urban University Program	$	5,825,937	$	5,825,937	28462
GRF	235-587	Rural University Projects	$	1,159,889	$	1,159,889	28463
GRF	235-596	Hazardous Materials Program	$	360,435	$	360,435	28464
GRF	235-599	National Guard Scholarship Program	$	16,611,063	$	16,611,063	28465
GRF	235-909	Higher Education General Obligation Debt Service	$	172,722,400	$	208,747,200	28466
TOTAL GRF General Revenue Fund			$	~~2,773,258,537~~ 2,773,741,963	$	~~2,861,908,923~~ 2,862,392,349	28467

General Services Fund Group	28468

220	235-614	Program Approval and Reauthorization	$	800,000	$	800,000	28469
456	235-603	Sales and Services	$	700,000	$	700,000	28470
TOTAL GSF General Services							28471
Fund Group			$	1,500,000	$	1,500,000	28472

Federal Special Revenue Fund Group	28473

3BG	235-626	Star Schools	$	2,980,865	$	2,990,746	28474
3H2	235-608	Human Services Project	$	3,000,000	$	3,000,000	28475
3H2	235-622	Medical Collaboration Network	$	3,346,144	$	3,346,144	28476
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	28477
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	250,000	$	250,000	28478
312	235-609	Tech Prep	$	183,850	$	183,850	28479
312	235-611	Gear-up Grant	$	3,300,000	$	3,300,000	28480
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	28481
312	235-617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	28482
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	28483
TOTAL FED Federal Special Revenue							28484
Fund Group			$	20,257,469	$	20,267,350	28485

State Special Revenue Fund Group	28486

4E8	235-602	Higher Educational Facility Commission Administration	$	50,000	$	45,000	28487
4P4	235-604	Physician Loan Repayment	$	476,870	$	~~476,870~~ 0	28488
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	28489
682	235-606	Nursing Loan Program	$	893,000	$	893,000	28490
5DT	235-627	American Diploma Project	$	250,000	$	0	28491
TOTAL SSR State Special Revenue							28492
Fund Group			$	2,429,870	$	~~2,174,870~~ 1,698,000	28493
TOTAL ALL BUDGET FUND GROUPS			$	~~2,797,445,876~~ 2,797,929,302	$	~~2,885,851,143~~ 2,885,857,699	28494

Sec. 379.10. RSC REHABILITATION SERVICES COMMISSION

28496

General Revenue Fund	28497

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	28498
GRF	415-402	Independent Living Council	$	450,000	$	450,000	28499
GRF	415-406	Assistive Technology	$	47,531	$	47,531	28500
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	28501
GRF	415-506	Services for People with Disabilities	$	16,959,541	$	17,259,541	28502
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	28503
TOTAL GRF General Revenue Fund			$	26,584,552	$	26,884,552	28504

General Services Fund Group	28505

4W5	415-606	Program Management Expenses	$	18,123,188	$	18,557,040	28506
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	28507
TOTAL GSF General Services							28508
Fund Group			$	19,755,270	$	20,189,122	28509

Federal Special Revenue Fund Group	28510

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	28511
3L1	415-605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	28512
3L1	415-608	Social Security Vocational Rehabilitation	$	1,506,260	$	1,506,260	28513
3L4	415-612	Federal Independent Living Centers or Services	$	648,908	$	648,908	28514
3L4	415-615	Federal - Supported Employment	$	884,451	$	796,006	28515
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,490,944	$	1,490,944	28516
317	415-620	Disability Determination	$	82,808,006	$	87,546,215	28517
379	415-616	Federal - Vocational Rehabilitation	$	122,484,545	$	123,638,578	28518
TOTAL FED Federal Special							28519
Revenue Fund Group			$	214,316,854	$	220,120,651	28520

State Special Revenue Fund Group	28521

4L1	415-619	Services for Rehabilitation	$	3,765,337	$	4,500,000	28522
468	415-618	Third Party Funding	$	906,910	$	906,910	28523
TOTAL SSR State Special							28524
Revenue Fund Group			$	4,672,247	$	5,406,910	28525
TOTAL ALL BUDGET FUND GROUPS			$	265,328,923	$	272,601,235	28526

INDEPENDENT LIVING COUNCIL

28527

The foregoing appropriation item 415-402, Independent Living	28528
Council, shall be used to fund the operations of the State	28529
Independent Living Council and shall be used to support state	28530
independent living centers and independent living services under	28531
Title VII of the Independent Living Services and Centers for	28532
Independent Living of the Rehabilitation Act Amendments of 1992,	28533
106 Stat. 4344, 29 U.S.C. 796d.	28534

OFFICE FOR PEOPLE WITH BRAIN INJURY

28535

Of the foregoing appropriation item 415-431, Office for	28536
People with Brain Injury, up to $50,000 in each fiscal year shall	28537
be used for the state match for a federal grant awarded through	28538
the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to	28539
$50,000 in each fiscal year shall be provided to the Brain Injury	28540
Trust Fund. The remaining appropriation shall be used to plan and	28541
coordinate head-injury-related services provided by state agencies	28542
and other government or private entities, to assess the needs for	28543
such services, and to set priorities in this area.	28544

VOCATIONAL REHABILITATION SERVICES

28545

The foregoing appropriation item 415-506, Services for People	28546
with Disabilities, shall be used as state matching funds to	28547
provide vocational rehabilitation services to eligible consumers.	28548

PROGRAM MANAGEMENT EXPENSES

28549

The foregoing appropriation item 415-606, Program Management	28550
Expenses, shall be used to support the administrative functions of	28551
the commission related to the provision of vocational	28552
rehabilitation, disability determination services, and ancillary	28553
programs.	28554

NATIONAL ACCREDITATION COMPLIANCE

28555

Of the foregoing appropriation item 415-616, Federal –	28556
Vocational Rehabilitation, ~~$125,000 in each fiscal year~~$250,000	28557
over the biennium shall be used to establish and implement a	28558
Community Rehabilitation Program national accreditation	28559
compliance and monitoring program administered by the Ohio	28560
Association of Rehabilitation Facilities.	28561

Not later than 30 days after the effective date of this	28562
amendment, the Rehabilitation Services Commission shall enter into	28563
a contract or other agreement that complies with 34 CRF 361.3(b)	28564
and 34 CRF 361.5(b)(2) with the Ohio Association of Rehabilitation	28565
Facilities and convey the funds to establish and implement the	28566
Community Rehabilitation Program national accreditation compliance	28567
and monitoring program.	28568

CLEVELAND SIGHT CENTER

28569

Of the foregoing appropriation item 415-616, Federal –	28570
Vocational Rehabilitation, $100,000 in each fiscal year shall be	28571
provided to the Cleveland Sight Center for Technology Initiative	28572
to purchase adaptive technology and software for the employment of	28573
Ohioans who are blind or visually impaired.	28574

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

28575

The foregoing appropriation item 415-617, Independent	28576
Living/Vocational Rehabilitation Programs, shall be used to	28577
support vocational rehabilitation programs.	28578

SOCIAL SECURITY REIMBURSEMENT FUNDS

28579

Reimbursement funds received from the Social Security	28580
Administration, United States Department of Health and Human	28581
Services, for the costs of providing services and training to	28582
return disability recipients to gainful employment shall be used	28583
in the Social Security Reimbursement Fund (Fund 3L1), to the	28584
extent funds are available, as follows:	28585

(A) Appropriation item 415-601, Social Security Personal Care	28586
Assistance, to provide personal care services in accordance with	28587
section 3304.41 of the Revised Code;	28588

(B) Appropriation item 415-608, Social Security Vocational	28589
Rehabilitation, to provide vocational rehabilitation services to	28590
individuals with severe disabilities who are Social Security	28591
beneficiaries, to enable them to achieve competitive employment.	28592
This appropriation item also includes funds to assist the Personal	28593
Care Assistance Program to pay its share of indirect costs as	28594
mandated by federal OMB Circular A-87.	28595

PERFORMANCE AUDIT

28596

The Auditor of State shall complete a performance audit of	28597
the Rehabilitation Services Commission. Upon completing the	28598
performance audit, the Auditor of State shall submit a report of	28599
the findings of the audit to the Governor, the President of the	28600
Senate, the Speaker of the House of Representatives, and the Board	28601
of Rehabilitation Services Commission. Expenses incurred by the	28602
Auditor of State to conduct the performance audit shall be	28603
reimbursed by the Rehabilitation Services Commission.	28604

INTERNAL REVIEW

28605

The Administrator of the Rehabilitation Services Commission	28606
shall consult with the Director of Budget and Management and	28607
representatives of local rehabilitation services agencies to	28608
conduct an internal review of policies and procedures to increase	28609
efficiency and identify and eliminate duplicative practices. Any	28610
savings identified as a result of the internal review or the	28611
performance audit conducted by the Auditor of State shall be used	28612
for community-based care.	28613

The Administrator of the Rehabilitation Services Commission	28614
shall seek Controlling Board approval before expending any funds	28615
identified as a result of the internal review or the performance	28616
audit.	28617

Sec. 393.10. SOS SECRETARY OF STATE

28618

General Revenue Fund	28619

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	28620
GRF	050-403	Election Statistics	$	103,936	$	103,936	28621
GRF	050-407	Pollworkers Training	$	277,997	$	277,997	28622
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	28623
GRF	050-505	County Postage Reimbursement	$	0	$	3,000,000	28624
TOTAL GRF General Revenue Fund			$	2,971,585	$	~~2,971,585~~ 5,971,585	28625

General Services Fund Group	28626

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	28627
412	050-609	Notary Commission	$	685,249	$	685,249	28628
413	050-601	Information Systems	$	119,955	$	119,955	28629
414	050-602	Citizen Education Fund	$	55,712	$	55,712	28630
TOTAL General Services Fund Group			$	868,116	$	868,116	28631

Federal Special Revenue Fund Group	28632

3AH	050-614	Election Reform/Health and Human Services	$	1,000,000	$	1,000,000	28633
3AS	050-616	2005 HAVA Voting Machines	$	4,750,000	$	2,750,000	28634
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	28635
TOTAL FED Federal Special Revenue							28636
Fund Group			$	5,791,000	$	3,791,000	28637

State Special Revenue Fund Group	28638

5N9	050-607	Technology Improvements	$	129,565	$	129,565	28639
599	050-603	Business Services Operating Expenses	$	13,761,734	$	13,761,734	28640
TOTAL SSR State Special Revenue							28641
Fund Group			$	13,891,299	$	13,891,299	28642

Holding Account Redistribution Fund Group	28643

R01	050-605	Uniform Commercial Code Refunds	$	30,000	$	30,000	28644
R02	050-606	Corporate/Business Filing Refunds	$	85,000	$	85,000	28645
TOTAL 090 Holding Account							28646
Redistribution Fund Group			$	115,000	$	115,000	28647
TOTAL ALL BUDGET FUND GROUPS			$	23,637,000	$	~~21,637,000~~ 24,637,000	28648

COUNTY POSTAGE REIMBURSEMENT

28649

The foregoing appropriation item 050-505, County Postage	28650
Reimbursement, shall be used to pay costs incurred by boards of	28651
elections to mail an absent voter's ballot application to each	28652
elector who is required to receive a notice under section 3501.19	28653
of the Revised Code for the November 4, 2008, general election.	28654
The foregoing appropriation also shall be used to pay return	28655
postage for absent voter's ballot applications returned by	28656
electors who wish to vote by absent voter's ballot at that	28657
election. Absent voter's ballot applications required to be mailed	28658
by a board of elections shall be mailed in conjunction with the	28659
notice of election required under section 3501.19 of the Revised	28660
Code. The Secretary of State shall establish a method by which	28661
funds for mailing absent voter's ballot applications are made	28662
available to boards of elections in advance of the required	28663
mailing.	28664

BOARD OF VOTING MACHINE EXAMINERS

28665

The foregoing appropriation item 050-610, Board of Voting	28666
Machine Examiners, shall be used to pay for the services and	28667
expenses of the members of the Board of Voting Machine Examiners,	28668
and for other expenses that are authorized to be paid from the	28669
Board of Voting Machine Examiners Fund, which is created in	28670
section 3506.05 of the Revised Code. Moneys not used shall be	28671
returned to the person or entity submitting the equipment for	28672
examination. If it is determined that additional appropriations	28673
are necessary, such amounts are appropriated.	28674

2005 HAVA VOTING MACHINES

28675

Of the foregoing appropriation item 050-616, 2005 HAVA Voting	28676
Machines, in fiscal year 2008 $15,000 shall be distributed to the	28677
Vinton County Board of Elections and $15,000 shall be distributed	28678
to the Morgan County Board of Elections to be used for emergency	28679
assistance for elections.	28680

On July 1, 2008, or as soon as possible thereafter, the	28681
Director of Budget and Management shall transfer any remaining	28682
unexpended, unencumbered appropriations in Fund 3AS, appropriation	28683
item 050-616, 2005 HAVA Voting Machines, for use in fiscal year	28684
2009. The transferred amount is hereby appropriated.	28685

On July 1, 2008, or as soon as possible thereafter, the	28686
Director of Budget and Management shall transfer any remaining	28687
unexpended, unencumbered appropriations in Fund 3AH, appropriation	28688
item 050-614, Election Reform/Health and Human Services Fund, for	28689
use in fiscal year 2009. The transferred amount is hereby	28690
appropriated.	28691

Ongoing interest earnings from the federal Election	28692
Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA	28693
Voting Machines Fund (Fund 3AS) shall be credited to the	28694
respective funds and distributed in accordance with the terms of	28695
the grant under which the money is received.	28696

HOLDING ACCOUNT REDISTRIBUTION GROUP

28697

The foregoing appropriation items 050-605 and 050-606,	28698
Holding Account Redistribution Fund Group, shall be used to hold	28699
revenues until they are directed to the appropriate accounts or	28700
until they are refunded. If it is determined that additional	28701
appropriations are necessary, such amounts are appropriated.	28702

Sec. 405.10. TAX DEPARTMENT OF TAXATION

28703

General Revenue Fund	28704

GRF	110-321	Operating Expenses	$	92,040,062	$	92,440,062	28705
GRF	110-404	Tobacco Settlement Enforcement	$	0	$	328,034	28706
GRF	110-412	Child Support Administration	$	71,680	$	71,680	28707
GRF	110-901	Property Tax Allocation - Taxation	$	446,953,165	$	478,613,618	28708
GRF	110-906	Tangible Tax Exemption - Taxation	$	9,177,962	$	4,588,981	28709
TOTAL GRF General Revenue Fund			$	548,242,869	$	576,042,375	28710

General Services Fund Group	28711

433	110-602	Tape File Account	$	125,000	$	140,000	28712
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	6,000,000	28713
5W4	110-625	Centralized Tax Filing and Payment	$	400,000	$	200,000	28714
5W7	110-627	Exempt Facility Administration	$	100,000	$	150,000	28715
5CZ	110-631	Vendor's License Application	$	1,000,000	$	1,000,000	28716
TOTAL GSF General Services							28717
Fund Group			$	7,625,000	$	7,490,000	28718

State Special Revenue Fund Group	28719

4C6	110-616	International Registration Plan	$	706,855		$	706,855	28720
4R6	110-610	Tire Tax Administration	$	125,000		$	150,000	28721
435	110-607	Local Tax Administration	$	17,250,000		$	17,250,000	28722
436	110-608	Motor Vehicle Audit	$	1,200,000		$	1,200,000	28723
437	110-606	Litter Tax and Natural Resource Tax Administration	$	675,000		$	800,000	28724
438	110-609	School District Income Tax	$	3,600,000		$	3,600,000	28725
5AP0	110632	Discovery Project	$	0		$	2,000,000	28726
5N5	110-605	Municipal Income Tax Administration	$	500,000		$	500,000	28727
5N6	110-618	Kilowatt Hour Tax Administration	$	125,000		$	175,000	28728
5V7	110-622	Motor Fuel Tax Administration	$	4,700,000		$	5,000,000	28729
5V8	110-623	Property Tax Administration	$	13,500,000		$	13,500,000	28730
639	110-614	Cigarette Tax Enforcement	$	100,000		$	100,000	28731
642	110-613	Ohio Political Party Distributions	$	600,000		$	600,000	28732
688	110-615	Local Excise Tax Administration	$	210,000		$	180,000	28733
TOTAL SSR State Special Revenue								28734
Fund Group			$	43,291,855		$	~~43,761,855~~	28735
			45,761,855		28736

Agency Fund Group	28737

095	110-995	Municipal Income Tax	$	21,000,000	$	21,000,000	28738
425	110-635	Tax Refunds	$	1,565,900,000	$	1,546,800,000	28739
TOTAL AGY Agency Fund Group			$	1,586,900,000	$	1,567,800,000	28740

Holding Account Redistribution Fund Group	28741

R10	110-611	Tax Distributions	$	50,000		$	50,000	28742
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000		$	50,000	28743
TOTAL 090 Holding Account								28744
Redistribution Fund Group			$	100,000		$	100,000	28745
TOTAL ALL BUDGET FUND GROUPS			$	2,186,159,724		$	~~2,195,194,230~~	28746
			2,197,194,230		28747

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	28748
EXEMPTION	28749

The foregoing appropriation item 110-901, Property Tax	28750
Allocation - Taxation, is hereby appropriated to pay for the	28751
state's costs incurred because of the Homestead Exemption, the	28752
Manufactured Home Property Tax Rollback, and the Property Tax	28753
Rollback. The Tax Commissioner shall distribute these funds	28754
directly to the appropriate local taxing districts, except for	28755
school districts, notwithstanding the provisions in sections	28756
321.24 and 323.156 of the Revised Code, which provide for payment	28757
of the Homestead Exemption, the Manufactured Home Property Tax	28758
Rollback, and Property Tax Rollback by the Tax Commissioner to the	28759
appropriate county treasurer and the subsequent redistribution of	28760
these funds to the appropriate local taxing districts by the	28761
county auditor.	28762

The foregoing appropriation item 110-906, Tangible Tax	28763
Exemption - Taxation, is hereby appropriated to pay for the	28764
state's costs incurred because of the tangible personal property	28765
tax exemption required by division (C)(3) of section 5709.01 of	28766
the Revised Code. The Tax Commissioner shall distribute to each	28767
county treasurer the total amount appearing in the notification	28768
from the county treasurer under division (G) of section 321.24 of	28769
the Revised Code for all local taxing districts located in the	28770
county except for school districts, notwithstanding the provision	28771
in section 321.24 of the Revised Code which provides for payment	28772
of the $10,000 tangible personal property tax exemption by the Tax	28773
Commissioner to the appropriate county treasurer for all local	28774
taxing districts located in the county including school districts.	28775
The county auditor shall distribute the amount paid by the Tax	28776
Commissioner among the appropriate local taxing districts except	28777
for school districts under division (G) of section 321.24 of the	28778
Revised Code.	28779

Upon receipt of these amounts, each local taxing district	28780
shall distribute the amount among the proper funds as if it had	28781
been paid as real or tangible personal property taxes. Payments	28782
for the costs of administration shall continue to be paid to the	28783
county treasurer and county auditor as provided for in sections	28784
319.54, 321.26, and 323.156 of the Revised Code.	28785

Any sums, in addition to the amounts specifically	28786
appropriated in appropriation items 110-901, Property Tax	28787
Allocation - Taxation, for the Homestead Exemption, the	28788
Manufactured Home Property Tax Rollback, and the Property Tax	28789
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	28790
for the $10,000 tangible personal property tax exemption payments,	28791
which are determined to be necessary for these purposes, are	28792
hereby appropriated.	28793

TAX DEPARTMENT DISCOVERY PROJECT

28794

On July 1, 2008, or as soon thereafter as possible, the	28795
Director of Budget and Management shall transfer $2,000,000 in	28796
cash from the General Revenue Fund to appropriation item 110632,	28797
Discovery Project (Fund 5APO), to acquire the necessary hardware,	28798
software, and services to establish and implement a tax discovery	28799
data system and for expenses incurred by the Department of	28800
Taxation to administer the system. The amount transferred is	28801
hereby appropriated in appropriation item 110632, Discovery	28802
Project, for fiscal year 2009.	28803

If, at any time during fiscal year 2009, the Tax Commissioner	28804
determines that additional cash transfers are necessary in	28805
appropriation item 110632, Discovery Project, to pay the actual	28806
costs of the tax discovery data system and other expenses the	28807
Department incurs attributable to the system in fiscal year 2009,	28808
the Tax Commissioner may request that the Director of Budget and	28809
Management increase such amounts. Such amounts are hereby	28810
appropriated, with the approval of the Director of Budget and	28811
Management.	28812

MUNICIPAL INCOME TAX

28813

The foregoing appropriation item 110-995, Municipal Income	28814
Tax, shall be used to make payments to municipal corporations	28815
under section 5745.05 of the Revised Code. If it is determined	28816
that additional appropriations are necessary to make these	28817
payments, such amounts are hereby appropriated.	28818

TAX REFUNDS

28819

The foregoing appropriation item 110-635, Tax Refunds, shall	28820
be used to pay refunds under section 5703.052 of the Revised Code.	28821
If it is determined that additional appropriations are necessary	28822
for this purpose, such amounts are hereby appropriated.	28823

INTERNATIONAL REGISTRATION PLAN AUDIT

28824

The foregoing appropriation item 110-616, International	28825
Registration Plan, shall be used under section 5703.12 of the	28826
Revised Code for audits of persons with vehicles registered under	28827
the International Registration Plan.	28828

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

28829

Of the foregoing appropriation item 110-607, Local Tax	28830
Administration, the Tax Commissioner may disburse funds, if	28831
available, for the purposes of paying travel expenses incurred by	28832
members of Ohio's delegation to the Streamlined Sales Tax Project,	28833
as appointed under section 5740.02 of the Revised Code. Any travel	28834
expense reimbursement paid for by the Department of Taxation shall	28835
be done in accordance with applicable state laws and guidelines.	28836

LITTER CONTROL TAX ADMINISTRATION FUND

28837

Notwithstanding section 5733.12 of the Revised Code, during	28838
the period from July 1, 2007, to June 30, 2008, the amount of	28839
$675,000, and during the period from July 1, 2008, to June 30,	28840
2009, the amount of $800,000, received by the Tax Commissioner	28841
under Chapter 5733. of the Revised Code, shall be credited to the	28842
Litter Control Tax Administration Fund (Fund 437).	28843

CENTRALIZED TAX FILING AND PAYMENT FUND

28844

The Director of Budget and Management, under a plan submitted	28845
by the Tax Commissioner, or as otherwise determined by the	28846
Director of Budget and Management, shall set a schedule to	28847
transfer cash from the General Revenue Fund to the credit of the	28848
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	28849
of cash shall not exceed $600,000 in the biennium.	28850

COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND

28851

The foregoing appropriation item 110-629, Commercial Activity	28852
Tax Administration Fund (Fund 5BQ), shall be used to pay expenses	28853
incurred by the Department of Taxation to implement and administer	28854
the Commercial Activity Tax under Chapter 5751. of the Revised	28855
Code.	28856

Notwithstanding section 3734.9010, division (B)(2)(c) of	28857
section 4505.09, division (B) of section 5703.12, section 5703.80,	28858
division (C)(6) of section 5727.81, sections 5733.122 and	28859
5735.053, division (C) of section 5739.21, section 5745.03,	28860
section 5743.024, section 5743.15, division (C) of section	28861
5747.03, and section 5747.113 of the Revised Code or any other	28862
provisions to the contrary, any residual cash balances determined	28863
and certified by the Tax Commissioner to the Director of Budget	28864
and Management shall be transferred on July 1, 2007, or as soon as	28865
possible thereafter, to the Commercial Activities Tax	28866
Administration Fund (Fund 5BQ).	28867

TOBACCO SETTLEMENT ENFORCEMENT

28868

The foregoing appropriation item 110-404, Tobacco Settlement	28869
Enforcement, shall be used by the Tax Commissioner to pay costs	28870
incurred in the enforcement of divisions (F) and (G) of section	28871
5743.03 of the Revised Code.	28872

Sec. 407.10. DOT DEPARTMENT OF TRANSPORTATION

28873

Transportation Modes	28874

General Revenue Fund	28875

GRF	775-451	Public Transportation - State	$	16,700,000	$	17,000,000	28876
GRF	776-465	Ohio Rail Development Commission	$	3,700,000	$	3,700,000	28877
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	28878
GRF	777-471	Airport Improvements - State	$	3,293,985	$	1,794,003	28879
TOTAL GRF General Revenue Fund			$	24,483,585	$	23,283,603	28880
TOTAL ALL BUDGET FUND GROUPS			$	24,483,585	$	23,283,603	28881

~~PUBLIC TRANSPORTATION - STATE~~

28882

~~Of the foregoing GRF appropriation item 775-451, Public~~	28883
~~Transportation - State, $200,000 in fiscal year 2008 shall be used~~	28884
~~for the Cleveland Metropolitan Park District West Creek Project.~~	28885

TRANSPORTATION STUDY

28886

Of the foregoing appropriation item 775-451, Public	28887
Transportation-State, $50,000 in fiscal year 2008 shall be used	28888
for a Franklin County school transportation study to determine the	28889
feasibility of a countywide pupil transportation system.	28890

~~AIRPORT IMPROVEMENTS~~

28891

~~Of the foregoing appropriation item 777-471, Airport~~	28892
~~Improvements - State, $1,500,000 in fiscal year 2008 shall be used~~	28893
~~for air travel and support and economic development of statewide~~	28894
~~airports. The Directors of Development and Transportation may~~	28895
~~enter into one or more interagency agreements between their two~~	28896
~~departments as necessary to implement a statewide strategy to~~	28897
~~enhance Ohio's airports as centers of regional economic~~	28898
~~development.~~	28899

Sec. 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	28900
NON-GRF FUNDS	28901

Notwithstanding any other provision of law to the contrary,	28902
during fiscal years 2008 and 2009, the Director of Budget and	28903
Management is hereby authorized to transfer cash from non-General	28904
Revenue Fund funds that are not constitutionally restricted to the	28905
General Revenue Fund. The total amount of cash transfers made	28906
pursuant to this section to the General Revenue Fund during fiscal	28907
years 2008 and 2009 shall not exceed ~~$70,000,000~~$120,000,000.	28908

Sec. 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT CAPITAL	28909
GRANT PROGRAMS	28910

~~On the first day of July of each fiscal year or as soon as~~	28911
~~possible thereafter, the Director of Budget and Management shall~~	28912
~~(1) transfer $9,817,105 in cash in fiscal year 2008 and~~	28913
~~$10,057,814 in cash in fiscal year 2009 from the Highway Operating~~	28914
~~Fund (Fund 002) to the Diesel Emissions Grant Fund established in~~	28915
~~section 122.861 of the Revised Code and (2) transfer $5,000,000 in~~	28916
~~each fiscal year from the Highway Operating Fund to the Transit~~	28917
~~Capital Fund (Fund 5E7). The amounts transferred are hereby~~	28918
~~appropriated.~~	28919

~~The transfer to the Diesel Emissions Grant Fund shall be used~~	28920
~~for the administration and oversight of the Diesel Emissions~~	28921
~~Reduction Grant Program within the Department of Development. In~~	28922
There is hereby established in the Highway Operating Fund (Fund	28923
7002) in the Department of Transportation a Diesel Emissions	28924
Reduction Grant Program. The Department of Development shall	28925
administer the program and shall solicit, evaluate, score, and	28926
select projects submitted by public and private entities that are	28927
eligible for the federal Congestion Mitigation and Air Quality	28928
(CMAQ) Program. The Department of Transportation shall process	28929
Federal Highway Administration-approved projects as recommended by	28930
the Department of Development.	28931

In addition to the allowable expenditures set forth in	28932
section 122.861 of the Revised Code, Diesel Emissions Reduction	28933
Grant Program funds also may be used to fund projects involving	28934
the purchase or use of hybrid and alternative fuel vehicles that	28935
are allowed under guidance developed by the Federal Highway	28936
Administration for the ~~Congestion Mitigation and Air Quality~~	28937
~~(CMAQ)~~CMAQ Program. The Director of Development, in consultation	28938
with the Director of Environmental Protection, shall develop	28939
guidance for distribution of the funds from the Diesel Emissions	28940
Grant Fund. The guidance shall include a method for	28941
prioritization of projects, acceptable technologies, and	28942
procedures for awarding grants and loans.	28943

~~The transfer to the Transit Capital Fund (Fund 5E7) shall be~~	28944
~~used to supplement the capital portion of the Ohio Public~~	28945
~~Transportation Grant Program within the Department of~~	28946
~~Transportation.~~	28947

~~These~~Public entities eligible to receive funds under section	28948
122.861 of the Revised Code and CMAQ shall be reimbursed from the	28949
Department of Transportation's Diesel Emissions Reduction Grant	28950
Program.	28951

Private entities eligible to receive funds under section	28952
122.861 of the Revised Code and CMAQ shall be reimbursed through	28953
transfers of cash from the Department of Transportation's Diesel	28954
Emissions Reduction Grant Program to the Department of	28955
Development's Diesel Emissions Reduction Grant Fund (Fund 3BD0)	28956
established in section 122.861 of the Revised Code.	28957

Appropriation item 195-697, Diesel Emissions Reduction	28958
Grants, is hereby established with an appropriation of $9,817,105	28959
in fiscal year 2008 and $10,057,814 in fiscal year 2009. Total	28960
expenditures between both the Departments of Development and	28961
Transportation shall not exceed the appropriated amounts stated	28962
in this section.	28963

On or before June 30, 2008, any unencumbered balance of the	28964
foregoing appropriation item 195-697, Diesel Emissions Reduction	28965
Grants, for fiscal year 2008, less amounts encumbered by the	28966
Department of Transportation for reimbursement of public entities	28967
for fiscal year 2008, is hereby appropriated for the same purposes	28968
for fiscal year 2009.	28969

Up to $5,000,000 in the Highway Operating Fund (Fund 7002)	28970
shall be used each fiscal year for the Transit Capital Program in	28971
conjunction with funding provided in the Department of	28972
Transportation's budget under the Ohio Public Transportation Grant	28973
Program.	28974

On or before June 30, 2008, any unencumbered balance of the	28975
Transit Capital Program in fiscal year 2008 is hereby appropriated	28976
for the same purposes in fiscal year 2009.	28977

Any cash transfers or allocations under this section	28978
represent CMAQ program moneys within the Department of	28979
Transportation for use by the Diesel Emissions Reduction Grant	28980
Program by the Department of Development and for use by the Ohio	28981
Public Transportation Grant Program by the Ohio Department of	28982
Transportation. These allocations shall not reduce the amount of	28983
such moneys designated for metropolitan planning organizations.	28984

The Director of Development, in consultation with the	28985
Directors of Environmental Protection and Transportation, shall	28986
develop guidance for the administration of the Diesel Emissions	28987
Reduction Grant Program. The guidance shall include a method for	28988
prioritization of projects, acceptable technologies, and	28989
procedures for awarding grants.	28990

Sec. 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO	28991
SECURITIZATION	28992

(A) Notwithstanding any other provision of law to the	28993
contrary, the Director of Budget and Management, periodically on	28994
any date following the issuance of the tobacco obligations	28995
authorized in section 183.51 of the Revised Code and through June	28996
30, 2009, shall:	28997

(1) Determine the amount of appropriation items 235-909,	28998
Higher Education General Obligation Debt Service, and 230-908,	28999
Common Schools General Obligation Debt Service, that are in excess	29000
of the amounts needed to pay all debt service and financing costs	29001
on those obligations payable from each of those items and transfer	29002
all or any portion of that excess appropriation to appropriation	29003
item 200-901, Property Tax Allocation-Education, or 110-901,	29004
Property Tax Allocation-Taxation, or both together as needed for	29005
the purposes of making the state's property tax relief payments to	29006
school districts and counties.	29007

(2) Determine the amount by which interest earnings credited	29008
to Fund 034, Higher Education Improvement Fund, and Fund 032,	29009
School Building Program Assistance Fund, from the investment of	29010
the net proceeds of those tobacco obligations exceed the amount	29011
needed to satisfy appropriations from those funds, transfer all	29012
or part of that excess cash balance to the General Revenue Fund,	29013
and increase appropriation item 200-901, Property Tax	29014
Allocation-Education, or 110-901, Property Tax	29015
Allocation-Taxation, or both together, by up to the amount of cash	29016
so transferred to the General Revenue Fund.	29017

(3) Determine the amount of capital appropriations in	29018
CAP-770, School Building Assistance Program, and transfers of cash	29019
to Fund 5E3, School Facilities Commission, that are necessary to	29020
fully expend the amount of net proceeds deposited into Fund 032,	29021
School Building Program Assistance Fund, from the issuance of	29022
those tobacco obligations, and increase the appropriations for	29023
CAP-770 and appropriation item 230-644, Operating Expenses-School	29024
Facilities Commission, by the necessary amounts.	29025

(4) Determine the amount of additional capital	29026
appropriations, if any necessary to fully expend the amount of net	29027
proceeds deposited from the issuance of those tobacco obligations	29028
into Fund 034, Higher Education Improvement Fund.	29029

(5) Reduce by up to $800,000,000 the amount of authorization	29030
to issue and sell general obligations to pay the costs of capital	29031
facilities for a system of common schools throughout the state	29032
granted to the Ohio Public Facilities Commission by prior acts of	29033
the General Assembly. This reduction reflects the utilization of	29034
the net proceeds of those tobacco obligations in place of general	29035
obligation bond proceeds to support capital appropriations	29036
payable from Fund 032, School Building Assistance Fund.	29037

(6) Reduce by up to $950,000,000 the amount of authorization	29038
to issue and sell general obligations to pay the costs of capital	29039
facilities for state-supported and state-assisted institutions of	29040
higher education granted to the Ohio Public Facilities Commission	29041
by prior acts of the General Assembly. This reduction reflects	29042
the utilization of the net proceeds of those tobacco obligations	29043
in place of general obligation bond proceeds to support capital	29044
appropriations payable from Fund 034, Higher Education	29045
Improvement Fund.	29046

(B) ~~Before~~Except for transfers to the General Revenue Fund	29047
in accordance with division (A)(2) of this section, before the	29048
Office of Budget and Management transfers or increases or	29049
decreases any appropriations or authorizations described in	29050
division (A) of this section, the Office of Budget and Management	29051
shall seek Controlling Board approval.	29052

Section 610.41. That existing Sections 207.20.50,	29053
207.20.70, 207.30.10, 207.30.20, 207.30.30, 235.10, 261.10,	29054
263.10, 263.20.10, 263.30.10, 269.30.30, 269.30.70, 269.40.50,	29055
269.50.30, 275.10, 293.10, 299.10, 309.10, 309.30.13,	29056
309.30.30, 309.30.40, 309.30.41, 309.30.42, 309.40.33, 337.30,	29057
337.30.43, 337.40, 337.40.15, 369.10, 375.10, 379.10, 393.10,	29058
405.10, 407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119	29059
of the 127th General Assembly are hereby repealed.	29060

Section 610.50. That Sections 101.10, 103.80.50, 201.30,	29061
201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B. 496 of	29062
the 127th General Assembly be amended to read as follows:	29063

Sec. 101.10. All items set forth in this section are hereby	29064
appropriated out of any moneys in the General Revenue Fund	29065
(GRF) that are not otherwise appropriated:	29066

Reappropriations

DAS DEPARTMENT OF ADMINISTRATIVE SERVICES	29067

C10002	Rural Areas Community Improvements	$	20,000	29068
C10008	Urban Areas Community Improvements	$	868,900	29069
Total Department of Administrative Services		$	888,900	29070
TOTAL GRF General Revenue Fund		$	888,900	29071

RURAL AREAS COMMUNITY IMPROVEMENTS

29072

The foregoing appropriation item C10002, Rural Areas	29073
Community Improvements, shall be granted for the Red Mill Creek	29074
Water Retention Basin.	29075

URBAN AREAS COMMUNITY IMPROVEMENTS

29076

From the foregoing appropriation item C10008, Urban Areas	29077
Community Improvements, grants shall be made for the following	29078
projects: $50,000 for the Brown Senior Center Renovations;	29079
$100,000 for Project AHEAD Facility Improvements; $75,000 for the	29080
J. Frank-Troy Senior Citizens Center; $23,900 for the Canton	29081
Jewish Women's Center; ~~$450,000 for the Gateway Social Services~~	29082
~~Building;~~$200,000 for Pro Football Hall of Fame festival facility	29083
improvements; $100,000 for the Children's Network of Stark County;	29084
$75,000 for the Community Treatment and Correction Center, Inc.;	29085
$75,000 for Trillium Family Solutions; $50,000 for the Loew	29086
Field Improvements; $20,000 for the Harvard Community Services	29087
Center Renovation & Expansion; $20,000 for the Collinwood	29088
Community Service Center Repair & Renovation; and $80,000 for	29089
Bowman Park - City of Toledo.	29090

Reappropriations

Sec. 103.80.50. EXP EXPOSITIONS COMMISSION

29091

C72300	Electric and Lighting Upgrade	$	112,020	29092
C72301	Land Acquisition	$	5,240	29093
C72303	Building Renovations - 5	$	4,576,484	29094
C72305	Facility Improvements and Modernization Plan	$	131,771	29095
C72309	Masonry Renovations	$	59,824	29096
C72310	Restroom Renovations	$	9,559	29097
C72312	Emergency Renovations and Equipment Replacement	$	891,533	29098
~~C72314~~	~~Multi-purpose Building~~	$	~~14,000,000~~	29099
Total Expositions Commission		$	~~19,786,431~~ 5,786,431	29100

Sec. 201.30. All items set forth in this section are hereby	29102
appropriated out of any moneys in the state treasury to the	29103
credit of the Cultural and Sports Facilities Building Fund (Fund	29104
7030) that are not otherwise appropriated:	29105

Reappropriations

AFC CULTURAL FACILITIES COMMISSION	29106

C37102	Center of Science and Industry - Toledo	$	12,268	29107
C37114	Woodward Opera House Renovation	$	1,150,000	29108
C37118	Statewide Site Repairs	$	100,100	29109
C37124	Waco Museum & Aviation Learning Center	$	500,000	29110
C37131	Bramley Historic House	$	75,000	29111
C37132	Beck Center for the Cultural Arts	$	100,000	29112
C37133	Delaware County Cultural Arts Center	$	40,000	29113
C37137	West Side Arts Consortium	$	138,000	29114
C37138	Ice Arena Development	$	5,500,000	29115
C37139	Stan Hywet Hall & Gardens	$	1,000,000	29116
C37141	Spring Hill Historic Home	$	125,000	29117
C37143	Lorain Palace Civic Theatre	$	200,000	29118
C37144	Great Lakes Historical Society	$	150,000	29119
C37153	Historic Sites and Museums	$	980,319	29120
C37155	Buffington Island State Memorial	$	33,475	29121
C37182	Lorain County Historical Society	$	300,000	29122
C37184	Marion Palace Theatre	$	1,575,000	29123
C37185	McConnellsville Opera House	$	75,000	29124
C37186	Secrest Auditorium	$	75,000	29125
C37187	Renaissance Theatre	$	700,000	29126
C37188	Trumpet in the Land	$	100,000	29127
C37189	Mid-Ohio Valley Players	$	80,000	29128
C37190	The Anchorage	$	50,000	29129
C37193	Galion Historic Big Four Depot Restoration	$	170,000	29130
C37195	Lake County Historical Society	$	250,000	29131
C37196	Hancock Historical Society	$	75,000	29132
C37197	Riversouth Development	$	1,000,000	29133
C37198	Ft. Piqua Hotel	$	200,000	29134
C37199	Marina District Amphitheatre and Related Development	$	2,000,000	29135
C371A1	Lima Historic Athletic Field	$	100,000	29136
C371A3	Voice Of America Museum	$	275,000	29137
C371A5	Clark County Community Arts Expansion Project	$	500,000	29138
C371A6	Westcott House Historic Site	$	75,000	29139
C371A8	Miami Township Community Amphitheatre	$	50,000	29140
C371A9	Western Reserve Historical Society	$	2,500,000	29141
C371B0	Cleveland Steamship Mather Museum	$	100,000	29142
C371B5	Arts Castle	$	100,000	29143
C371B6	Cincinnati Art and Technical Academy	$	325,000	29144
C371B7	Ohio Glass Museum	$	250,000	29145
C371B9	Ariel Theatre	$	100,000	29146
C371C2	Ensemble Theatre	$	450,000	29147
C371C4	Art Academy of Cincinnati	$	100,000	29148
C371C5	Riverbend Pavilion Improvements	$	250,000	29149
C371C7	Music Hall: Over-The-Rhine	$	750,000	29150
C371C8	John Bloomfield Home Restoration	$	720	29151
C371C9	Malinta Historical Society Caboose Exhibit	$	6,000	29152
C371D1	Art Deco Markay Theatre	$	200,000	29153
C371D4	Broad Street Historical Renovation	$	300,000	29154
C371D5	Amherst Historical Society	$	35,000	29155
C371D6	COSI - Toledo	$	980,000	29156
C371D7	Ohio Theatre - Toledo	$	100,000	29157
C371E2	Aurora Outdoor Sports Complex	$	50,000	29158
C371E3	Preble County Historical Society	$	100,000	29159
C371E4	Tecumseh Sugarloaf Mountain Amphitheatre	$	120,000	29160
C371F0	Richard Howe House	$	100,000	29161
C371F2	Packard Music Hall Renovation Project	$	575,000	29162
C371F3	Holland Theatre	$	100,000	29163
C371F6	Marietta Colony Theatre	$	335,000	29164
C371G7	Huntington Park	$	7,000,000	29165
C371G9	Riverbend - Cincinnati Symphony	$	3,000,000	29166
C371H0	Marina District Amphitheatre	$	2,900,000	29167
C371H1	Cincinnati Museum Center	$	2,000,000	29168
C371H2	National Underground Railroad Freedom Center	$	2,000,000	29169
C371H4	Pro Football Hall of Fame	$	1,650,000	29170
C371H5	Heritage Center - Dayton	$	1,300,000	29171
C371H6	Western Reserve Historical Society	$	1,000,000	29172
C371H7	COSI Columbus	$	1,000,000	29173
C371H8	Columbus Museum of Art	$	1,000,000	29174
C371I0	Stan Hywet Hall and Gardens	$	1,175,000	29175
C371I1	Akron Art Museum	$	1,000,000	29176
C371I2	Sauder Village	$	830,000	29177
C371I3	Horvitz Center for the Arts	$	750,000	29178
C371I4	Ensemble Theatre	$	750,000	29179
C371I5	Voice of America Museum	$	750,000	29180
C371I6	Cleveland Steamship Mather	$	600,000	29181
C371I7	Cuyahoga County Soldier and Sailor Monument	$	500,000	29182
C371I8	King-Lincoln Arts and Entertainment District	$	500,000	29183
C371I9	Art Academy of Cincinnati	$	500,000	29184
C371J0	Great Lakes Historical Society	$	500,000	29185
C371J3	Davis Shai Historical Facility	$	300,000	29186
C371J4	Massillon Museum	$	275,000	29187
C371J5	The Mandel Center	$	250,000	29188
C371J6	Peggy R McConnell Arts Center	$	250,000	29189
C371J7	Columbus College of Art and Design	$	250,000	29190
C371J9	Stambaugh Hall Improvements	$	250,000	29191
C371K0	Youngstown Symphony Orchestra	$	250,000	29192
C371K1	Wood County Historical Center/Museum	$	220,000	29193
C371K3	Cincinnati Ballet	$	200,000	29194
C371K4	City of Avon Stadium Complex	$	200,000	29195
C371K5	Renaissance Performing Arts Center	$	200,000	29196
C371K6	Oxford Arts Center	$	174,000	29197
C371K7	Wayne County Historical Society	$	170,000	29198
C371K8	Maumee Valley Historical Society	$	150,000	29199
C371K9	Trumbull County Historical Society	$	150,000	29200
C371L0	First Lunar Flight Project	$	25,000	29201
C371L1	Holmes County Historical Society Improvements	$	140,000	29202
C371L2	~~Canal Winchester Historical Society~~ Westerville Parks & Recreation Firefighters Memorial/First Responder Park	$	125,000	29203
C371L3	Ukranian Museum	$	100,000	29204
C371L4	Gordon Square Arts District	$	100,000	29205
C371L5	Moreland Theatre Renovation	$	100,000	29206
C371L6	Karamu House	$	100,000	29207
C371L7	Symmes Township Historical Society	$	100,000	29208
C371L8	Springfield Veterans Park Amphitheatre	$	100,000	29209
C371L9	Gallia County Historical Genealogical Society	$	100,000	29210
C371M1	The Octagon House	$	100,000	29211
C371M2	Vinton County Stage-Pavilion Project	$	100,000	29212
C371M3	County Line Historical Society-Wayne/Holmes	$	100,000	29213
C371M4	Paul Brown Museum	$	75,000	29214
C371M5	The Works Ohio Center for History, Art and Technology	$	75,000	29215
C371M8	Hale Farm and Village	$	50,000	29216
C371M9	Howe House Historic Site	$	50,000	29217
C371N0	Beavercreek Community Theatre	$	50,000	29218
C371N1	Jamestown Opera House	$	50,000	29219
C371N2	Johnny Appleseed Museum	$	50,000	29220
C371N3	Vinton County Historical Society Alice House Project	$	50,000	29221
C371N4	Woodward Opera House Renovations	$	50,000	29222
C371N5	Little Brown Jug Facility Improvements	$	50,000	29223
C371N6	Applecreek Historical Society	$	50,000	29224
C371N7	Wyandot Historic Courthouse	$	50,000	29225
C371N8	Galion Historical Big 4 Depot	$	30,000	29226
C371N9	Bucyrus Historic Depot Renovations	$	30,000	29227
C371O1	Arts West Performing Arts Center	$	25,000	29228
C371O2	Chester Academy Historical Site	$	25,000	29229
C371O3	Portland Civil War Museum and Historical Displays	$	25,000	29230
C371O4	Morgan County Opera House	$	25,000	29231
C371O5	Crawford Antique Museum	$	9,000	29232
C371O6	Monroe City Historical Society Building Repair	$	5,000	29233
C371O7	Wright Dunbar Historical Facility	$	250,000	29234
C371O8	Nationwide Children's Hospital Livingston Park Cultural Improvements	$	1,000,000	29235
C371P1	WACO Aircraft Museum	$	30,000	29236
C371P2	Bradford Railroad Museum	$	30,000	29237
C371P3	Cincinnati Ballet Facility	$	415,000	29238
C371P5	Fort Recovery Renovations	$	100,000	29239
C371P6	Music Hall Garage	$	1,000,000	29240
C371P7	Hip Klotz Memorial	$	150,000	29241
C371P8	AB Graham Center	$	40,000	29242
Total Cultural Facilities Commission		$	64,803,882	29243
TOTAL Cultural and Sports Facilities Building Fund		$	64,803,882	29244

Sec. 201.50. All items set forth in this section are hereby	29246
appropriated out of any moneys in the state treasury to the credit	29247
of the School Building Program Assistance Fund (Fund 7032) that	29248
are not otherwise appropriated:	29249

Reappropriations

SFC SCHOOL FACILITIES COMMISSION	29250

C23002	School Building Program Assistance	$	3,572,253,121	29251
C23005	Exceptional Needs	$	28,504,951	29252
C23010	Vocation Facilities Assistance Program	$	11,115,616	29253
Total School Facilities Commission		$	3,611,873,688	29254
TOTAL School Building Program Assistance Fund		$	3,611,873,688	29255

CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS

29256

Of the foregoing appropriation item C23002, School Building	29257
Program Assistance, $37,080,000 shall be used for constructing new	29258
facilities, or renovating existing facilities, or both, on the	29259
current campuses of the Ohio State School for the Blind and the	29260
Ohio School for the Deaf. Notwithstanding sections 123.01 and	29261
123.15 of the Revised Code and in addition to its powers under	29262
Chapter 3318. of the Revised Code, the Ohio School Facilities	29263
Commission shall administer the project pursuant to the memorandum	29264
of understanding that the Ohio State School for the Blind, the	29265
Ohio School for the Deaf, and the Ohio School Facilities	29266
Commission signed on October 31, 2007. The project shall comply	29267
to the fullest extent possible with the specifications and	29268
policies set forth in the Ohio School Facilities Design Manual and	29269
shall not be considered a part of any program created under	29270
Chapter 3318. of the Revised Code. As agreed to by the parties in	29271
the memorandum of understanding, $37,080,000 is sufficient to	29272
complete the construction or renovation of the facilities needed	29273
for the education of both the deaf and blind student communities	29274
and additional appropriations will not be required. Upon issuance	29275
by the Commission of a certificate of completion of the project,	29276
the Commission's participation in the project shall end.	29277

The Executive Director of the Ohio School Facilities	29278
Commission shall comply with the procedures and guidelines	29279
established in Chapter 153. of the Revised Code. Upon the release	29280
of funds for the project by the Controlling Board or the Director	29281
of Budget and Management, the Commission may administer the	29282
project without the supervision, control, or approval of the	29283
Director of Administrative Services. Any references to the	29284
Director of Administrative Services in the Revised Code, with	29285
respect to the administration of the project, shall be read as if	29286
they referred to the Director of the Ohio School Facilities	29287
Commission.	29288

Reappropriations

Sec. 301.20.20. BGU BOWLING GREEN STATE UNIVERSITY

29289

C24000	Basic Renovations	$	10,751,883	29290
C24001	Basic Renovations - Firelands	$	811,360	29291
C24002	Instructional and Data Processing Equipment	$	1,200,186	29292
C24004	ADA Modifications	$	19,544	29293
C24005	Child Care Facility	$	49,406	29294
C24007	Materials Network	$	90,981	29295
C24008	Video Link	$	10,644	29296
C24013	Hannah Hall Rehabilitation	$	2,005,522	29297
C24014	Biology Lab Renovation	$	12,533,708	29298
C24015	Campus-Wide Paving/Sidewalk Upgrade	$	4,899	29299
C24016	Student Learning	$	13,149	29300
C24017	Video Teaching Network	$	5,436	29301
C24019	Kinetic Spectrometry Consortium	$	77,671	29302
C24020	Admissions Visitor Center	$	3,000,000	29303
C24021	Theatre/Performing Arts Complex	$	8,750,000	29304
C24022	University Hall Rehabilitation	$	1,174,981	29305
C24025	Administration Building Fire Alarm System	$	83,986	29306
C24026	Campus-Wide Carpet Upgrade	$	329,700	29307
C24027	Reroof East, West, and North Buildings	$	173,999	29308
C24028	Instructional Laboratory - Phase 1	$	960,000	29309
C24031	Health Center Addition	$	9,750,000	29310
C24032	Student Services Building Replacement	$	8,100,000	29311
C24033	BGU Aviation Improvements	$	500,000	29312
C24034	Tunnel Upgrade-Phase II	$	98,820	29313
C24035	Library Depository Northwest	$	56,000	29314
C24036	Wood County Environmental Health Project	$	700,000	29315
Total Bowling Green State University		$	~~60,551,875~~ 61,251,875	29316

Reappropriations

Sec. 301.20.80. OSU OHIO STATE UNIVERSITY

29318

C31500	Basic Renovations	$	34,349,496	29319
C31501	Basic Renovations - Regional Campuses	$	6,506,516	29320
C31502	Brown Hall Annex Replacement	$	6,213	29321
C31505	Basic Renovations - ATI	$	129,714	29322
C31506	Supplemental Renovations - OARDC	$	3,319,202	29323
C31507	Supplemental Renovations - Regional	$	191,955	29324
C31508	Dreese Lab Addition	$	5,953	29325
C31510	Bioscience/Parks Hall Addition	$	12,584	29326
C31512	Greenhouse Modernization	$	40,982	29327
C31515	Life Sciences Research Building	$	218,170	29328
C31520	Food Science & Technology Building	$	92,786	29329
C31522	Heart & Lung Institute	$	32,437	29330
C31523	Superconducting Radiation	$	65,094	29331
C31524	Brain Tumor Research Center	$	6,001	29332
C31525	Engineering Center Net Shape Manufacturing	$	20,730	29333
C31526	Membrane Protein Typology	$	8,835	29334
C31527	Instructional and Data Processing Equipment	$	6,014,848	29335
C31528	Fine Particle Technologies	$	116,770	29336
C31529	Advanced Plasma Engineering	$	22,690	29337
C31530	Plasma Ramparts	$	1,150	29338
C31531	IN-SITU AL-BE Composites	$	1,733	29339
C31532	Jay Cooke Residence - Roof and Windows	$	86,668	29340
C31535	Asbestos Abatement	$	5,325	29341
C31536	Materials Network	$	91,983	29342
C31537	Bio-Technology Consortium	$	42,378	29343
C31538	Analytical Electron Microscope	$	375,000	29344
C31539	High Temp Alloys & Alluminoids	$	220,000	29345
C31541	Supplemental Renovations - ATI	$	33,969	29346
C31542	Maintenance, Receiving, and Storage Facility - Marion	$	58,646	29347
C31543	McPherson Lab Rehabilitation	$	37,243	29348
C31544	Heart and Lung Institute	$	101,808	29349
C31546	ADA Modifications - ATI	$	41,936	29350
C31547	ADA Modifications - Lima	$	358	29351
C31548	ADA Modifications - Mansfield	$	15,253	29352
C31550	Titanium Alloys	$	54,912	29353
C31552	Advanced Manufacturing	$	38,579	29354
C31553	Manufacturing Processes/Materials	$	62,574	29355
C31554	Terhertz Studies	$	35,294	29356
C31556	Marion Park/Road/Sidewalk/Lights	$	2,750	29357
C31557	Pomerene Lighting/Wiring	$	249,584	29358
C31558	NMR Consortium	$	75,116	29359
C31559	Versatile Film Facility	$	62,872	29360
C31560	OCARNET	$	5,916	29361
C31561	Bioprocessing Research	$	1,905	29362
C31562	Localized Corrosion Research	$	6,128	29363
C31563	ATM Testbed	$	3,633	29364
C31564	Physical Sciences Building	$	79,383	29365
C31565	Morrill Hall Remodeling - Vacated Library Space - Marion	$	923	29366
C31568	Sisson Hall Replacement	$	5,537	29367
C31570	Machinery Acoustics	$	3,804	29368
C31571	Sensors and Measurements	$	15,115	29369
C31572	Polymer Magnets	$	1,099	29370
C31574	A1 Alloy Corrosion	$	14,292	29371
C31578	Page Hall Planning	$	7,210	29372
C31579	Botany & Zoology Building Planning	$	209,467	29373
C31581	Robinson Laboratory Planning	$	36,765	29374
C31582	Don Scott Field Replacement Barns	$	1,495,619	29375
C31583	Galvin Hall 3rd Floor Renovation - Lima	$	22,135	29376
C31584	Horticultural Operations Center - ATI	$	1,475,400	29377
C31585	OARDC Feed Mill	$	5,050,968	29378
C31587	Biological Sciences Cooling Tower	$	6,930	29379
C31589	Mount Hall HVAC Modifications	$	40,982	29380
C31591	Ohio Biomedical Consortium on Medical Therapeutic Micro Devices	$	49,275	29381
C31592	Plant and Microbe Functional Genomics Facilities	$	16,259	29382
C31593	Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials	$	149,066	29383
C31594	Bone & Mineral Metabolism Research Lab	$	5,845	29384
C31597	Animal & Plant Biology Level 3	$	8,133,780	29385
C31598	Main Library Rehabilitation	$	56,456,214	29386
C31599	Psychology Building	$	57,722	29387
C315A0	Thorne Hall and Gowley Hall Renovations - Phase 3	$	598,043	29388
C315A2	Nanosecond Infrared Measurement	$	2,588	29389
C315A4	Millimeter/Submillimeter Instrument	$	5,919	29390
C315A5	X-Ray Powder Diffractometer	$	558	29391
C315A6	Deconvolution Microscope	$	1,101	29392
C315B2	Denney Hall Renovation - Phase I	$	18,495	29393
C315B3	Ion Mass Spectrometry	$	6,594	29394
C315B5	Role of Molecular Interfaces	$	17,773	29395
C315B8	New Millimeter Spectrometer	$	24,996	29396
C315C2	1224 Kinnear Road - Bale	$	11,105	29397
C315C3	Non-Silicon Micromachining	$	73,991	29398
C315C4	High Performance Computing	$	2,910	29399
C315C5	Veterinary Hospital Auditorium Renovation	$	7,736	29400
C315D0	OARDC Boiler Replacement	$	656,442	29401
C315D2	Supercomputer Center Expansion	$	1,600,414	29402
C315D5	Information Literacy	$	24,824	29403
C315D6	Online Business Major	$	6,618	29404
C315D8	Renovation of Graves Hall	$	68,196	29405
C315E0	OARDC Wooster Phone System Replacement	$	467,398	29406
C315E1	Utility - North Tunnel Steamline Upgrade	$	114,298	29407
C315E2	Dual Beam Characterization	$	150,000	29408
C315E6	Environmental Technology Consortium	$	11,297	29409
C315E7	Campbell, University, and Evans Hall	$	45,877	29410
C315E8	Laboratory Animal Facility	$	83,481	29411
C315F1	Western Branch Headquarters & Machinery Building	$	662,850	29412
C315F2	Muck Crops Branch/Shop Building Replacement	$	782,173	29413
C315F3	Hazardous Waste Handling/Storage Building	$	1,103,062	29414
C315F4	Agriculture/Engineering Building Renovation & Addition	$	200,000	29415
C315F5	~~Wood County Center for Agriculture~~ OSU Extension Office/Agriculture Business Enhancement Center	$	~~1,000,000~~ 300,000	29416
C315F6	Community Heritage Art Gallery - Lima	$	100,000	29417
C315F8	Nanotechnology Molecular Assembly	$	437,296	29418
C315F9	Networking and Communication	$	478,761	29419
C315G0	Planetary Gear	$	125,000	29420
C315G1	X-Ray Fluorenscence Spectrometer	$	2,283	29421
C315G2	Precision Navigation	$	85,000	29422
C315G3	Welding & Metal Working	$	200,000	29423
C315G5	Inductively Coupled Plasma Etching	$	126,492	29424
C315G6	Accelerated Metals	$	1,020,331	29425
C315G7	Mathematical Biosciences Institute	$	9,819	29426
C315G9	Mershon Auditorium HVAC System Improvements	$	3,379	29427
C315H0	Molecular Microdevices	$	2,066	29428
C315H1	Research Center HVAC System Improvements	$	38,052	29429
C315H2	Infrared Absorption Measurements	$	3,423	29430
C315H3	Dark Fiber	$	2,532,628	29431
C315H4	Shared Data Backup System	$	96,876	29432
C315H6	Third Frontier Network Testbed	$	202,763	29433
C315H7	Distributed Learning Workshop	$	2,500	29434
C315H8	Accelerated Maturation of Materials	$	42,279	29435
C315H9	Nanoscale Polymers Manufacturing	$	358,802	29436
C315J0	Hydrogen Production and Storage	$	217	29437
C315J1	Ohio Organic Semiconductor	$	226,422	29438
C315J4	Comprehensive Cancer - Chiller Replacement	$	19,187	29439
C315J5	Kottman Hall - 103 Central Classroom	$	20,893	29440
C315J7	Low Cost Nanocomposite Foams	$	101,705	29441
C315J8	West Campus Chilled Water & Scott Hall	$	20,093	29442
C315J9	McCracken Power Plant Spill Control	$	120,251	29443
C315K0	Glacial Assessment	$	22,764	29444
C315K2	Center for Advanced Propulsion and Power	$	1,313,076	29445
C315K3	Parks Hall Chiller Replacement	$	134,678	29446
C315K4	Hybrid Electric Vehicle Modeling	$	363,452	29447
C315K5	Computational Nanotechnology	$	500,000	29448
C315K6	Townshend Hall - Roof Replacement	$	328,772	29449
C315K8	Veterinary Hospital Roof Replacement Phase II	$	174,815	29450
C315K9	Hopkins Hall Phase II Priorities I, II	$	41,756	29451
C315L0	Bioscience 6th Floor Renovation - Priority	$	140,937	29452
C315L1	Ohio Commons For Digital Education	$	14,594	29453
C315L2	Postle Hall Fire Alarm Replacement	$	116,441	29454
C315L3	NonCredit Job Education & Training	$	14,201	29455
C315L4	Campus South Dorms Renovation/Improvements	$	3,767	29456
C315L5	Bricker Hall Roof Replacement	$	23,608	29457
C315L8	Cooperative Control Testbed	$	3,000	29458
C315M0	Neuroscience Center Core	$	576	29459
C315M2	Campus Grounds-Exterior Lighting - Phase VIII	$	31,523	29460
C315M3	930 Kinnear Road Renovations	$	181,402	29461
C315M4	Waterman Lab & Don Scott Field	$	23,528	29462
C315M5	Lincoln Tower Renovations - Phase I	$	254,767	29463
C315M6	Coe Corrosion Coop	$	56,781	29464
C315M7	OSU Cancer Program Expansion	$	2,000,000	29465
C315M8	Smith Laboratory Rehabilitation	$	2,799,448	29466
C315M9	Warner Library and Student Center	$	1,618,275	29467
C315N0	Hopewell Hall Science Suite	$	508,408	29468
C315N1	Atomic Force Microscopy	$	180,000	29469
C315N2	Interactive Applications	$	344,865	29470
C315N3	Platform Lab	$	76,685	29471
C315N4	Integrated Biomass to Electricity	$	392,680	29472
C315N8	Center for Polymer Nanomaterials	$	9,801,899	29473
C315N9	Ohio Bioproducts Innovation Center	$	7,765,250	29474
C315P1	Specialized Planetary Gears	$	40,920	29475
C315P2	OSU Agricultural Building	$	295,409	29476
C315P3	Automated AFM System	$	618	29477
C315P4	Integrated Wireless Communication	$	3,454	29478
C315P5	Newton Hall-Roof Replacement	$	140,646	29479
C315P6	Chirped-Pulse Amplifier	$	258,732	29480
C315P7	Central Classroom Building Renovation	$	55,686	29481
C315P9	Airport Hangers 1 2 & 3 Roof Replacement	$	485,250	29482
C315Q0	Veterinary Hospital Holding Replacement	$	1,902,970	29483
C315Q1	Aeronautical and Astronautical Research Lab-Roof Replacement	$	676,482	29484
C315Q2	Superconductivity Technology Center	$	324,136	29485
C315Q3	Periodic Materials Assemblies	$	60,239	29486
C315Q4	Biological Sciences Building Supply Fan Replacement	$	628,573	29487
C315Q5	Biological Sciences Building-Fume Hood Repairs	$	968,531	29488
C315Q6	Kottman Hall Fume Hood Repairs	$	1,476,940	29489
C315Q7	Photonic Force Microscope	$	4,887	29490
C315Q9	Brown Hall Renovation/Replacement	$	3,500,000	29491
C315R0	Hughes Hall Renovation	$	1,500,000	29492
C315R1	COMPH Academic Center	$	5,000,000	29493
C315R2	Murray Hall Renovation	$	1,000,000	29494
C315R3	New Student Life Building	$	1,000,000	29495
C315R4	Founders/Hopewell Hall Renovation	$	1,960,080	29496
C315R5	Agricultural and Biological Engineering Building Renovation	$	4,000,000	29497
C315R6	Selby Hall Phytotron Facility Renovation	$	2,000,000	29498
C315R7	Stone Laboratory Resource Facility Improvements	$	500,000	29499
C315R8	OSU Extension Safety Improvements in Madison County	$	94,000	29500
C315R9	Camp Clifton Improvements	$	90,000	29501
C315S0	Delaware Speech & Hearing with OSU Medical College	$	75,000	29502
C315S1	Kottman Hall-Windows/Masonry Renovation	$	1,065,280	29503
C315S2	Postle Hall Partial Window Replacement	$	630,000	29504
C315S3	Celeste Lab Fume Hood Repairs	$	1,000,300	29505
C315S4	Utility Upgrade/East Campus Area	$	45,969	29506
Total Ohio State University		$	~~200,348,786~~ 199,648,786	29507

~~WOOD COUNTY CENTER FOR AGRICULTURE~~OSU EXTENSION	29508
OFFICE/AGRICULTURE BUSINESS ENHANCEMENT CENTER	29509

~~Of the~~The foregoing appropriation item C315F5, ~~Wood County~~	29510
~~Center for Agriculture~~OSU Extension Office/Agriculture Business	29511
Enhancement Center, ~~up to $300,000~~ shall be used for building	29512
renovations to the ~~OSU Extension Office/Ag Business Enhancement~~	29513
Center.	29514

Sec. 401.11. RIVERFRONT IMPROVEMENTS

29515

Of the foregoing reappropriation item C725D0, Riverfront	29516
Improvements, $1,000,000 shall be used for the Riverfront West	29517
Park Development - Cincinnati Park Board, Hamilton County.	29518

LOCAL PARKS PROJECTS

29519

Of the foregoing appropriation item C725E2, Local Parks	29520
Projects, $2,000,000 shall be used for the Center City Park in	29521
Springfield; $1,200,000 shall be used for the Cincinnati Zoo;	29522
$1,000,000 shall be used for the East Bank/Flats Project;	29523
$1,000,000 shall be used by the Warren County Park District for	29524
Land Acquisition or Improvements; $540,000 shall be used for Tar	29525
Hollow State Park Improvements; $300,000 shall be used by the City	29526
of Mason for Handicap Accessible Park Improvements; $250,000	29527
shall be used for Van Buren State Park ~~Land Acquisitions~~Camp	29528
Ground Electrification and Restroom Facilities Improvements;	29529
$200,000 shall be used for Harrison Village Historical	29530
Society-Phoenix Park Museum; $200,000 shall be used for Indian	29531
Lake State Park Dredging Improvements; $191,000 shall be used for	29532
Deerfield Township Simpson Creek Erosion Mitigation and Bank	29533
Control; $185,000 shall be used for the City of Wilmington Park	29534
Upgrades/Tennis Courts; $175,700 shall be used for the Georgetown	29535
Community Tennis Park; $150,000 shall be used for Kelleys Island	29536
Park Improvements; $150,000 shall be used for Perry Township Camp	29537
Improvements; $100,000 shall be used for Mountain Bike	29538
Park/Midtown Cleveland; $100,000 shall be used for the Chester	29539
Township Park; $69,000 shall be used for Miami Erie Canal Repairs	29540
in Spencerville; $60,000 shall be used for Marseilles Reservoir	29541
Bulk Head Project; $50,000 shall be used for Beavercreek/John	29542
Aekeney Soccer Field and Park; $50,000 shall be used for the	29543
Beavercreek Community Athletic Association Facility and Park	29544
Upgrade; $50,000 shall be used for the Columbus Zoo Education	29545
Center; $50,000 shall be used for Dillon State Park Upgrades;	29546
$50,000 shall be used for Indian Lake State Park Shoreline	29547
Improvements; $25,000 shall be used for the Cleveland Police and	29548
Firefighters Memorial Park; $25,000 shall be used for Grand Lake	29549
St. Mary's Improvements; $25,000 shall be used for Geauga	29550
Veterans Monument Park Improvements; $19,000 shall be used for	29551
East Fork State Park-Harsha Lake Dock Improvements; $10,000	29552
shall be used for the Marine Corps League Park/Monument; $10,000	29553
shall be used for Huntington Township Park Improvements; and	29554
$5,000 shall be used for Morrow County Bicentennial Park.	29555

STATEWIDE TRAILS PROGRAM

29556

Of the foregoing reappropriation item C725L8, Statewide	29557
Trails Program, $2,000,000 shall be used for the Ohio to Erie	29558
Trail by Franklin County Metro Parks; $1,900,000 shall be used for	29559
the Cuyahoga Towpath Trail; and $210,000 shall be used for the	29560
Trumbull Bike Trail.	29561

FEDERAL REIMBURSEMENT

29562

All reimbursements received from the federal government for	29563
any expenditures made pursuant to Sections 401.10 and 401.11 of	29564
this act shall be deposited in the state treasury to the credit of	29565
the Parks and Recreation Improvement Fund.	29566

Sec. 401.71. The Ohio Public Facilities Commission is hereby	29567
authorized to issue and sell, in accordance with Section 2m2p of	29568
Article VIII, Ohio Constitution, and pursuant to sections 151.01	29569
and 151.08 of the Revised Code, original obligations of the	29570
state, in an aggregate principal amount not to exceed	29571
$120,000,000, in addition to the original obligations heretofore	29572
authorized by prior acts of the General Assembly. These authorized	29573
obligations shall be issued and sold from time to time, subject to	29574
applicable constitutional and statutory limitations, as needed to	29575
ensure sufficient moneys to the credit of the State Capital	29576
Improvements Fund (Fund 7038) to pay costs of the state in	29577
financing or assisting in the financing of local subdivision	29578
capital improvement projects.	29579

Section 610.51. That existing Sections 101.10, 103.80.50,	29580
201.30, 201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B.	29581
496 of the 127th General Assembly are hereby repealed.	29582

Section 620.10. That Section 375.80.10 of Am. Sub. H.B. 119	29583
of the 127th General Assembly is hereby repealed.	29584

Section 620.20. That Section 5 of Am. Sub. H.B. 24 of the	29585
127th General Assembly is hereby repealed.	29586

Section 701.10. (A) As used in this section, "employer" has	29587
the same meaning as in division (D) of section 145.01 of the	29588
Revised Code.	29589

(B) Notwithstanding the penalty provided for in section	29590
145.47 of the Revised Code as it existed immediately prior to its	29591
amendment by this act, the Public Employees Retirement System	29592
shall recalculate, as described in this section, any penalty	29593
incurred under that section by an employer during the period	29594
beginning April 1, 2006, and ending the day before the effective	29595
date of this section, if the retirement system receives the	29596
recalculated amount not later than thirty days after the effective	29597
date of this section. The penalty shall be recalculated in	29598
accordance with section 145.47 of the Revised Code, as amended by	29599
this act.	29600

(C) If an employer fails to pay the recalculated amount in	29601
accordance with division (B) of this section, the retirement	29602
system shall reinstate to the original amount any penalty that was	29603
recalculated under division (B) of this section. If an employer	29604
fails to pay the reinstated penalty, that amount shall be withheld	29605
from the employer on certification by the Public Employees	29606
Retirement Board to the Director of Budget and Management or the	29607
county auditor, as appropriate.	29608

(D) If, prior to the effective date of this section, an	29609
employer described in division (B) of this section paid the	29610
penalty in accordance with section 145.47 of the Revised Code, as	29611
it existed immediately prior to its amendment by this act, the	29612
retirement system shall credit to the employer's account the	29613
difference between the amount of the penalty that was paid and the	29614
recalculated penalty to reduce any amounts due from the employer	29615
under Chapter 145. of the Revised Code. The credit shall be	29616
completed not later than six months after the effective date of	29617
this section.	29618

Section 701.20. (A) The Ohio Commission on Local Government	29619
Reform and Collaboration shall develop recommendations on	29620
reforming and restructuring local government in this state to	29621
increase the efficiency and effectiveness of local government	29622
operations and to achieve cost savings for taxpayers. In	29623
developing the recommendations, the commission shall consider,	29624
but is not limited to, the following:	29625

(1) Restructuring and streamlining local government offices	29626
to achieve efficiencies and cost savings for taxpayers and to	29627
facilitate local economic development;	29628

(2) Restructuring local government authorities authorized by	29629
the constitution or the laws of this state to levy a tax of any	29630
kind or to have a tax of any kind levied on its behalf, and of	29631
local government units, including schools and libraries, to	29632
reduce overhead and administrative expenses;	29633

(3) Restructuring or streamlining services, functions, or	29634
authorities of local government to achieve cost savings for	29635
taxpayers; and	29636

(4) Reforming or restructuring constitutional, statutory, and	29637
administrative laws to increase the efficiency and effectiveness	29638
of local government operations, to avoid duplication of services,	29639
and to achieve costs savings for taxpayers.	29640

(B)(1) There is hereby created the Ohio Commission on Local	29641
Government Reform and Collaboration, consisting of nine voting	29642
members. The President of the Senate and the Speaker of the House	29643
of Representatives each shall appoint three members and the	29644
Governor shall appoint three members. The initial appointments	29645
shall be made not later than sixty days after the effective date	29646
of this section. Vacancies shall be filled in the manner provided	29647
for original appointments. Members are not entitled to	29648
compensation for their services.	29649

(2) The initial meeting of the commission shall be called by	29650
the Governor within forty-five days after the initial appointments	29651
to the commission are complete. The commission shall elect two of	29652
its members to serve as co-chairpersons of the commission.	29653

(C) The commission shall create an advisory council	29654
consisting of interested parties representing taxing authorities	29655
and political subdivisions that are not taxing authorities. The	29656
appointment of members to the advisory council is a matter of the	29657
commission's discretion. The commission may direct the advisory	29658
council to provide relevant information to the commission.	29659
Advisory council members are not members of the commission, and	29660
may not vote on commission business.	29661

(D) The commission may consult with and obtain assistance	29662
from state institutions of higher education (as defined in section	29663
3345.011 of the Revised Code) and from business organizations for	29664
research and data gathering related to its mission. State	29665
institutions of higher education and business organizations shall	29666
cooperate with the commission.	29667

(E) The commission shall issue a report of its findings and	29668
recommendations to the President of the Senate, the Speaker of the	29669
House of Representatives, and the Governor not later than July 1,	29670
2010. The commission ceases to exist upon submitting its report.	29671

Section 703.10. Notwithstanding the enactment of sections	29672
353.01 to 353.063 of the Revised Code by this act, the elected	29673
officeholders for the offices of county clerk of courts, county	29674
auditor, county recorder, county treasurer, county coroner, county	29675
engineer, and county sheriff shall not be eliminated or replaced	29676
until the termination of their current elected offices. Similarly,	29677
if an election for any of those offices occurs at the same time as	29678
the question of restructuring a county government is presented to	29679
the electors on the ballot, the elected officeholder shall	29680
continue to serve in the office as an elected officeholder until	29681
the termination of the term of office. At the termination of any	29682
such term following the approval of the electors of the	29683
restructured form of county government, appointments shall be made	29684
not sooner than sixty nor later than ninety days after the date of	29685
the end of that term of office. The formerly elected officeholder	29686
shall continue to serve and hold office until the successor is	29687
appointed and qualified.	29688

Section 705.10. Notwithstanding section 5709.73 of the	29689
Revised Code, a board of township trustees of a township with a	29690
population exceeding fifty-five thousand according to the most	29691
recent federal decennial census may adopt a resolution under	29692
division (B) of that section on or before December 31, 2008, by	29693
majority vote. Such a board may adopt a resolution under division	29694
(C) of that section on or before December 31, 2008, by majority	29695
vote, if the other requirements of that division are satisfied.	29696

Section 707.10. (A) As used in this section:

29697

(1) "Active business operations" means all business	29698
operations that are not inactive business operations.	29699

(2) "Business operations" means engaging in commerce in any	29700
form in Sudan or Iran, including by maintaining, selling,	29701
acquiring, developing, owning, possessing, operating, or leasing	29702
equipment, facilities, personnel, products, services, personal or	29703
real property, or any other apparatus of business or commerce.	29704

(3) "Company" means a sole proprietorship, organization,	29705
association, corporation, partnership, joint venture, limited	29706
partnership, limited liability partnership, limited liability	29707
company, business association, or other entity, including any	29708
wholly-owned subsidiary, majority-owned subsidiary, parent	29709
company, or affiliate of any of those types of entities, that	29710
exists for the purpose of making a profit.	29711

(4) "Complicit" means taking actions during any preceding	29712
twenty-month period that directly support or promote the genocidal	29713
campaign in the Darfur region of Sudan, including, but not limited	29714
to, preventing members of the population of the Darfur region of	29715
Sudan negatively affected by genocide from communicating with each	29716
other; encouraging Sudanese citizens to speak against the	29717
internationally approved security force that provides aide to the	29718
Darfur region; actively working to deny, cover up, or alter the	29719
record on human rights abuses in Darfur; or other similar actions.	29720

(5) "Direct holdings" means all stocks or bonds of a company	29721
held directly by the Ohio Police and Fire Pension Fund or held in	29722
an account or fund of which the Fund owns all of the shares or	29723
interests.	29724

(6) "Government of Iran" means the Islamic Republic of Iran,	29725
its instrumentalities, and companies owned or controlled by the	29726
government of Iran.	29727

(7) "Government of Sudan" means the government in Khartoum,	29728
Sudan, that is led by the National Congress Party, formerly known	29729
as the National Islamic Front, or any successor government formed	29730
on or after October 13, 2006, including the coalition national	29731
unity government agreed upon in the "2005 Comprehensive Peace	29732
Agreement," and does not include the regional government of	29733
southern Sudan.	29734

(8) "Inactive business operations" means those business	29735
operations conducted by a company that involve only the continued	29736
holding or renewal of rights to property that, at one time, was	29737
used for the purpose of generating revenue for the company but is	29738
not presently used for such purpose.	29739

(9) "Indirect holdings" means all stocks and bonds of a	29740
company that are not direct holdings and are held in an account or	29741
fund in which the Ohio Police and Fire Pension Fund owns shares or	29742
interests together with other investors not subject to the	29743
provisions of this chapter, as well as any private equity fund,	29744
private equity fund-of-funds, venture capital fund, hedge fund,	29745
hedge fund-of-funds, real estate fund or other investment vehicle	29746
that is not publicly traded, mutual funds, and pooled or	29747
securitized investment vehicles.	29748

(10) "Iran" means the Islamic Republic of Iran.

29749

(11) "Marginalized populations of Sudan" includes, but is not	29750
limited to, all of the following:	29751

(a) The portion of the population in the Darfur region that	29752
has been negatively affected by genocide;	29753

(b) The portion of the population of southern Sudan	29754
negatively affected by the civil war that occurred between the	29755
north and south regions of Sudan;	29756

(c) The Beja, Rashidiya, and other similarly underserved	29757
groups of eastern Sudan;	29758

(d) The Nubian and other similarly underserved groups in the	29759
Abyei, southern blue Nile, and Nuba mountain regions of Sudan;	29760

(e) The Amri, Hamadab, Manasir, and other similarly	29761
underserved groups of northern Sudan.	29762

(12) "Military equipment" means weapons, arms, military	29763
supplies, and equipment including, but not limited to, radar	29764
systems, or military-grade transport vehicles, that readily may be	29765
used for military purposes; or supplies or services sold or	29766
directly or indirectly provided to any force actively	29767
participating in armed conflict in Sudan.	29768

(13) "Mineral extraction activities" include exploring,	29769
extracting, processing, transporting, or wholesale selling or	29770
trading of elemental minerals or associated metal alloys or	29771
oxides, also known as ore, including gold, copper, chromium,	29772
chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and	29773
zinc; and includes facilitating such activities, including by	29774
providing supplies or services in support of such activities.	29775

(14) "Oil-related activities" includes, but is not limited	29776
to, owning rights to oil blocks; exporting, extracting,	29777
producing, refining, processing, exploring for, transporting,	29778
selling, or trading of oil; constructing, maintaining, or	29779
operating a pipeline, refinery, or other oil-field	29780
infrastructure; or facilitating such activities, including by	29781
providing supplies or services in support of such activities.	29782
"Oil-related activities" does not mean engaging in only the	29783
retail sale of gasoline and related consumer products.	29784

(15) "Petroleum resource" means petroleum, petroleum	29785
byproducts, or natural gas.	29786

(16) "Power production activities" means any business	29787
operation that involves a project commissioned by the national	29788
electricity corporation of Sudan or other similar entity of the	29789
government of Sudan whose purpose is to facilitate power	29790
generation and delivery, including, but not limited to,	29791
establishing power-generating plants or hydroelectric dams,	29792
selling or installing components for a project, providing service	29793
contracts related to the installation or maintenance of a project,	29794
or facilitating any of these activities, including by providing	29795
supplies or services in support of such activities.	29796

(17) "Public fund" means the assets included in any fund	29797
portfolio that is under the control of, or controlled on behalf	29798
of, the Ohio Police and Fire Pension Fund.	29799

(18) "Scrutinized active business operation" means active	29800
business operations that have resulted in a company becoming a	29801
scrutinized company.	29802

(19) "Scrutinized business operations" means business	29803
operations that have resulted in a company that meets any of the	29804
following criteria:	29805

(a) The company has business operations that involve	29806
contracts with or provision of supplies or services to the	29807
government of Sudan, companies in which the government of Sudan	29808
has any direct or indirect equity share, consortiums or projects	29809
commissioned by the government of Sudan, or companies involved in	29810
consortiums or projects commissioned by the government of Sudan,	29811
and more than ten per cent of the company's revenues or assets	29812
linked to Sudan involve oil-related activities or	29813
mineral-extraction activities; less than seventy-five per cent of	29814
the company's revenues or assets linked to Sudan involve contracts	29815
with or provision of oil-related or mineral-extracting products or	29816
services to the regional government of southern Sudan or a project	29817
or consortium created exclusively by that regional government; and	29818
the company has failed to take substantial action specific to	29819
Sudan; or more than ten per cent of the company's revenues or	29820
assets linked to Sudan involve power-production activities; less	29821
than seventy-five per cent of the company's power-production	29822
activities include projects whose intent is to provide power or	29823
electricity to the marginalized populations of Sudan; and the	29824
company has failed to take substantial action specific to Sudan.	29825

(b) The company is complicit in the Darfur genocide.

29826

(c) The company supplies military equipment within Sudan,	29827
unless it clearly shows that the military equipment cannot be used	29828
to facilitate offensive military actions in Sudan or the company	29829
implements rigorous and verifiable safeguards to prevent use of	29830
that equipment by forces actively participating in armed conflict.	29831
Examples of safeguards include post-sale tracking of such	29832
equipment by the company, certification from a reputable and	29833
objective third party that such equipment is not being used by a	29834
party participating in armed conflict in Sudan, or sale of such	29835
equipment solely to the regional government of southern Sudan or	29836
any internationally recognized peacekeeping force or humanitarian	29837
organization.	29838

(d)(i) The company has business operations that involve	29839
contracts with or provision of supplies or services to the	29840
government of Iran, companies in which the government of Iran has	29841
any direct or indirect equity share, consortiums, or projects	29842
commissioned by the government of Iran, or companies involved in	29843
consortiums or projects commissioned by the government of Iran,	29844
and one of the following apply: more than ten per cent of the	29845
company's total revenues or assets are linked to Iran and involve	29846
oil-related activities, mineral-extraction activities, or	29847
petroleum resources; the company has, with actual knowledge, on or	29848
after August 5, 1996, made an investment of twenty million	29849
dollars or more, or any combination of investments of at least	29850
ten million dollars each, which in the aggregate equals or	29851
exceeds twenty million dollars in any twelve-month period, and	29852
which directly or significantly contributes to the enhancement of	29853
Iran's ability to develop the petroleum resources of Iran; the	29854
company is engaged in business with an Iranian organization	29855
labeled as a terrorist organization by the United States	29856
government.	29857

(ii) Any company that takes substantial action specific to	29858
Iran shall not meet the criteria to be deemed a company involved	29859
in scrutinized business operations.	29860

(20) "Social development company" means a company whose	29861
primary purpose in Sudan is to provide only the following	29862
humanitarian goods or services to the people of Sudan:	29863

(a) Medicine or medical equipment;

29864

(b) Agricultural supplies or infrastructure;

29865

29866

(d) Journalistic activities;

29867

(e) Information or information materials;

29868

(f) Spiritual-related activities;

29869

(g) Services of a purely clerical or reporting nature;

29870

(h) Food, clothing, or general consumer goods that are	29871
unrelated to oil-related activities, mineral extraction	29872
activities, or power production activities.	29873

(21) "Substantial action specific to Iran" means adopting,	29874
publicizing, and implementing a formal plan to cease scrutinized	29875
business operations within one year and to refrain from any such	29876
new business operations.	29877

(22) "Substantial action specific to Sudan" means adopting,	29878
publicizing, and implementing a formal plan to cease scrutinized	29879
business operations within one year and to refrain from any such	29880
new business operations; undertaking humanitarian efforts in	29881
conjunction with an international organization, the government of	29882
Sudan, the regional government of southern Sudan, or a nonprofit	29883
entity evaluated and certified by an independent third party to be	29884
substantially in a relationship to the company's Sudan business	29885
operations and of benefit to one or more marginalized populations	29886
of Sudan; or, through engagement with the government of Sudan,	29887
materially improving conditions for the genocidally victimized	29888
population in Darfur.	29889

(23) "Sudan" means the Republic of the Sudan.

29890

(B)(1) Within ninety days after the effective date of this	29891
section, the Ohio Police and Fire Pension Fund shall make its	29892
best efforts to identify all publicly traded companies involved	29893
in scrutinized business operations in which the Fund has direct	29894
or indirect holdings or could possibly have such holdings in the	29895
future. The efforts shall include:	29896

(a) Reviewing and relying, as appropriate in the Fund's	29897
judgment, on publicly available information regarding companies	29898
having business operations in Iran or Sudan, including	29899
information provided by nonprofit organizations, research firms,	29900
international organizations, and government entities;	29901

(b) Contacting asset managers contracted by the Fund that	29902
invest in companies having business operations in Iran or Sudan;	29903

(c) Contacting other institutional investors that have	29904
divested from or engaged with companies that have business	29905
operations in Iran or Sudan;	29906

(d) Reviewing the laws of the United States regarding the	29907
levels of business activity that would cause application of	29908
sanctions for companies conducting business or investing in	29909
countries that are designated state sponsors of terror.	29910

(2) Within ninety days after the effective date of this	29911
section, the Fund shall create a "scrutinized companies with	29912
activities in Sudan list" and a "scrutinized companies with	29913
activities in Iran list," consisting of all publicly traded	29914
companies identified in division (B)(1) of this section, shall	29915
make the lists publicly available, and shall update the lists	29916
annually.	29917

(3) Notwithstanding the provisions of this chapter, a	29918
social-development company that is not complicit in the Darfur	29919
genocide is not considered a scrutinized company.	29920

(4) The Fund shall engage the companies on the scrutinized	29921
companies with activities in Sudan list and the scrutinized	29922
companies with activities in Iran list, in which the Fund owns	29923
direct or indirect holdings, according to the following:	29924

(a) For each company identified in this paragraph that has	29925
only inactive business operations, the Fund shall send a written	29926
notice informing the company of the requirements of this chapter	29927
and encouraging it to continue to refrain from initiating active	29928
business operations in Iran or Sudan until it is able to avoid	29929
scrutinized business operations. The Fund shall continue such	29930
correspondence semiannually.	29931

(b) For each company newly identified under this section that	29932
has active business operations, the Fund shall send a written	29933
notice informing the company of its scrutinized company status	29934
and that it may become subject to divestment by the Fund. The	29935
notice shall inform the company of the opportunity to clarify its	29936
Iran-related or Sudan-related activities and encourage the	29937
company, within ninety days, to cease its scrutinized business	29938
operations or convert such operations to inactive business	29939
operations in order to avoid qualifying for divestment by the	29940
Fund.	29941

(c) If, within ninety days after the Fund creates the lists	29942
pursuant to division (B)(2) of this section, a company on either	29943
list ceases scrutinized business operations, the Fund shall remove	29944
the company from the scrutinized companies with activities in	29945
Sudan list and the scrutinized companies with activities in Iran	29946
list, and the provisions of this chapter shall cease to apply to	29947
that company unless that company resumes scrutinized business	29948
operations. If, within ninety days after the Fund creates the	29949
list, the company converts its scrutinized active business	29950
operations to inactive business operations, the company is	29951
subject to all provisions of this chapter relating to inactive	29952
business operations. A company may be on both the scrutinized	29953
companies with activities in Sudan list and the scrutinized	29954
companies with activities in Iran list. A company may be removed	29955
from one list but remain on the other list, in which case the	29956
company is subject to the provisions of this chapter applicable	29957
to the list on which the company remains.	29958

(d) The Fund shall submit letters to the managers of	29959
actively managed investment funds containing indirect holdings in	29960
companies identified in division (B)(1) of this section that have	29961
scrutinized active business operations requesting that they	29962
consider removing such companies from the Fund or create a similar	29963
actively managed fund having indirect holdings devoid of such	29964
companies.	29965

(C) The Ohio Police and Fire Pension Fund Board shall adopt a	29966
policy to address divestiture of holdings in companies identified	29967
and engaged pursuant to division (B) of this section. The goal of	29968
the policy shall be to achieve complete divestiture from such	29969
holdings when divestiture would be prudent and consistent with the	29970
Board's fiduciary duty. The policy shall be developed within	29971
thirty days after the effective date of this section.	29972

(D)(1) The Ohio Police and Fire Pension Fund shall file a	29973
report with the President of the Senate, the Speaker of the	29974
House of Representatives, the Minority Leader of the Senate, the	29975
Minority Leader of the House of Representatives, and the Ohio	29976
Retirement Study Council that includes the scrutinized companies	29977
with activities in Sudan list and the scrutinized companies with	29978
activities in Iran list within thirty days after the list is	29979
created and within thirty days after the list is updated. The	29980
Fund shall make the report available to the public.	29981

(2) The Fund shall file a report annually, which shall be	29982
made available to the public, to the President of the Senate, the	29983
Speaker of the House of Representatives, the Minority Leader of	29984
the Senate, the Minority Leader of the House of Representatives,	29985
the Ohio Retirement Study Council, and the Workers Compensation	29986
Council, and send a copy of that report to the United States	29987
Presidential Special Envoy to Sudan and the United States	29988
Presidential Special Envoy to Iran, or an appropriate designee or	29989
successor, which includes:	29990

(a) A summary of correspondence with companies engaged by the	29991
Fund pursuant to this section;	29992

(b) All investments sold, redeemed, divested, or withdrawn	29993
pursuant to this section;	29994

(c) Any progress made under division (B)(4)(d) of this	29995
section;	29996

(d) A list of all publicly traded securities held directly by	29997
the Fund.	29998

(E) If any of the following occur, the Ohio Police and Fire	29999
Pension Fund shall no longer assemble the scrutinized companies	30000
with activities in Sudan list, shall cease engagement and	30001
divestment of such companies, and may reinvest in such companies	30002
as long as such companies do not satisfy the criteria for	30003
inclusion in the scrutinized companies with activities in Iran	30004
list:	30005

(1) Congress or the President of the United States determines	30006
that the government of Sudan has sufficiently halted the genocide	30007
in the Darfur region for at least twelve months.	30008

(2) The federal government revokes all sanctions imposed	30009
against the government of Sudan.	30010

(3) Congress or the President of the United States, through	30011
legislation or executive order, declares that mandatory divestment	30012
of the type provided for in this chapter interferes with the	30013
conduct of United States foreign policy.	30014

(4) Congress or the President of the United States declares	30015
that the government of Sudan has honored its commitments to cease	30016
attacks on civilians, demobilize and demilitarize the Janjaweed	30017
and associated militias, grant free and unfettered access for	30018
deliveries of humanitarian assistance, and allow for the safe and	30019
voluntary return of refugees and internally displaced persons.	30020

(F) If any of the following occur, the Fund shall no longer	30021
assemble the scrutinized companies with activities in Iran list	30022
and shall cease engagement, investment prohibitions, and	30023
divestment. The Fund may reinvest in such companies as long as	30024
such companies do not satisfy the criteria for inclusion in the	30025
scrutinized companies with activities in Sudan list:	30026

(1) Congress or the President of the United States determines	30027
that the government of Iran has ceased to acquire weapons of mass	30028
destruction and support international terrorism.	30029

(2) The federal government revokes all sanctions imposed	30030
against the government of Iran.	30031

(3) Congress or the President of the United States declares	30032
that mandatory divestment of the type provided for in this act	30033
interferes with the conduct of United States foreign policy.	30034

(G) The Ohio Police and Fire Pension Fund is not liable for	30035
breach of the Fund's fiduciary duty if the Fund complies in	30036
good faith with the requirements of this section. If the Fund	30037
made determinations in good faith regarding the status of a	30038
company as required under this section, the members are not	30039
liable in an action for libel or slander. All former, present, or	30040
future members of the Ohio Police and Fire Pension Fund Board of	30041
Trustees and all officers, employees, and agents of the Fund	30042
shall be indemnified, whether jointly or severally, for all	30043
claims, demands, suits, actions, damages, judgments, costs,	30044
charges, and expenses, including court costs and attorney's fees,	30045
and against all liability, losses, and damages of any nature that	30046
such board members, officers, employees, or agents may incur by	30047
reason of any decision to restrict, reduce, or eliminate	30048
investments in companies doing business in Iran or Sudan. A Board	30049
member, officer, employee, or agent of the Fund shall be	30050
indemnified through the Fund. In any action pursuant to this	30051
chapter, the Board has any rights granted in section 109.98 of	30052
the Revised Code.	30053

Section 711.10. (A) As used in this section, "Community	30054
development bank" has the meaning as set forth in the "Federal	30055
Deposit Insurance Corporation Improvement Act of 1991," 105 Stat.	30056
2317, 12 U.S.C. 1834b(e)(1).	30057

(B) Notwithstanding any contrary provision of section 135.33	30058
of the Revised Code, a community development bank, pursuant to	30059
that section, may apply to, and be designated by, a county as a	30060
depository of active moneys during the county's period of	30061
designation in effect on the effective date of this section if all	30062
of the following apply:	30063

(1) The bank is located in a county with a population of over	30064
one million three hundred thousand people based on the most recent	30065
decennial census figures from the United States Department of	30066
Commerce, Division of Census;	30067

(2) The bank has previously served the county described in	30068
division (B)(1) of this section as a depository;	30069

(3) The bank applies to the county described in division	30070
(B)(1) of this section to be a depository; and	30071

(4) The bank is an eligible institution under section 135.32	30072
of the Revised Code.	30073

Section 715.10. The Department of Natural Resources and the	30074
Department of Public Safety shall seek all available federal money	30075
to assist the City of Findlay in rebuilding infrastructure or	30076
building preventative infrastructure with respect to flood	30077
mitigation and preparation.	30078

Section 715.20. The General Assembly hereby declares that a	30079
loan that is currently outstanding and that was granted prior to	30080
1995 by the Ohio Water Development Authority to a regional water	30081
and sewer district concerning which the district originally owed	30082
less than $5,000 is hereby void and shall not be collected by the	30083
Authority.	30084

Section 715.30. (A) There is hereby created the State Park	30085
and Recreational Area Study Committee consisting of the following	30086
members:	30087

(1) The Director of Natural Resources or the Director's	30088
designee;	30089

(2) Two members representing the public appointed by the	30090
Governor who have general knowledge of the operation of a park or	30091
recreational area;	30092

(3) Three members appointed by the Speaker of the House of	30093
Representatives who may be members of the House of Representatives	30094
or individuals representing the public. A member representing the	30095
public shall have general knowledge of the operation of a park or	30096
recreational area.	30097

(4) Three members appointed by the President of the Senate	30098
who may be members of the Senate or individuals representing the	30099
public. A member representing the public shall have general	30100
knowledge of the operation of a park or recreational area.	30101

(B) All appointments to the Committee shall be made not later	30102
than thirty days after the effective date of this section. The	30103
Director of Natural Resources shall serve as the chairperson of	30104
the Committee.	30105

(C) Members of the Committee shall serve without compensation	30106
and shall not be reimbursed for expenses.	30107

(D) The Department of Natural Resources shall provide	30108
administrative support if requested by the Committee.	30109

(E) The Committee shall study and assess the current and	30110
future operating budgets of the state parks and of recreational	30111
areas under the control of the Department of Natural Resources and	30112
the condition of the current infrastructure and future needs of	30113
the state parks and those recreational areas.	30114

(F) Not later than December 31, 2008, the Committee shall	30115
submit a report of its findings to the Governor, the Speaker of	30116
the House of Representatives, the Minority Leader of the House of	30117
Representatives, the President of the Senate, and the Minority	30118
Leader of the Senate. Upon the submission of the report, the	30119
Committee shall cease to exist.	30120

Section 715.40. It is the intent of the General Assembly	30121
that the authorization of a transfer of a portion of the interest	30122
money in the Coal-Workers Pneumoconiosis Fund created in section	30123
4131.03 of the Revised Code, by the amendment of that section by	30124
this act, to the Mine Safety Fund created in section 1561.24 of	30125
the Revised Code, as enacted by this act, is not to be a	30126
long-term funding source for the Mine Safety Fund. In addition,	30127
the General Assembly's authorization of such a transfer by this	30128
act does not establish a precedent for the transfer of money from	30129
other Bureau of Workers' Compensation funds to other funds.	30130
Finally, the Department of Natural Resources shall examine	30131
sources other than the Coal-Workers Pneumoconiosis Fund to	30132
provide money for the Mine Safety Fund and report its findings to	30133
the Bureau of Workers' Compensation Board of Directors	30134
immediately prior to the five-year review of the rules adopted	30135
under division (B)(2) of section 4131.03 of the Revised Code, as	30136
amended by this act.	30137

Section 733.10. (A) As used in this section:

30138

(1) "Eligible school district" means a city, exempted	30139
village, or local school district for which the certification of	30140
taxable values made under division (A) of section 3317.021 of the	30141
Revised Code for fiscal year 2007 and for fiscal year 2008	30142
erroneously included at least ten million dollars in assessed	30143
value of tax-exempt public utility property.	30144

(2) "Tax-exempt public utility property" means real or	30145
tangible personal property used in the provision of a public	30146
utility service that was exempted from taxation for tax years 2005	30147
and 2006 under section 5709.62 or 5709.63 of the Revised Code.	30148

(3) "State education aid" has the same meaning as in section	30149
5751.20 of the Revised Code, except that for fiscal year 2007,	30150
state education aid includes both of the following:	30151

(a) The transportation payment calculated under Section	30152
206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, as	30153
amended, instead of division (D) of section 3317.022 of the	30154
Revised Code;	30155

(b) Transitional aid calculated under Section 206.09.39 of	30156
that act, as amended.	30157

(4) "2005 valuation adjustment" means the assessed value of	30158
tax-exempt public utility property that was included in the	30159
certification made under division (A) of section 3317.021 of the	30160
Revised Code for fiscal year 2007.	30161

(5) "2006 valuation adjustment" means the assessed value of	30162
tax-exempt public utility property that was included in the	30163
certification made under division (A) of section 3317.021 of the	30164
Revised Code for fiscal year 2008.	30165

(B)(1) The Department of Education shall recompute an	30166
eligible school district's state education aid for fiscal year	30167
2007 by reducing the total taxable value certified for the	30168
district under division (A) of section 3317.021 of the Revised	30169
Code for that fiscal year by an amount equal to the 2005 valuation	30170
adjustment, and pay the district the increase in state education	30171
aid resulting from the recomputation. Each component of state	30172
education aid affected by the valuation adjustment shall be	30173
recomputed. Within forty-five days after the effective date of	30174
this section, the payment shall be made from money appropriated	30175
for fiscal year 2008 under the appropriation line items	30176
corresponding with the components of state education aid required	30177
to be recomputed under this division.	30178

(2) The Department of Education shall recompute an eligible	30179
school district's state education aid for fiscal year 2008 by	30180
reducing the total taxable value certified for the district under	30181
division (A) of section 3317.021 of the Revised Code for that	30182
fiscal year by an amount equal to the 2006 valuation adjustment,	30183
and pay the district the increase in state education aid resulting	30184
from the recomputation. Each component of state education aid	30185
affected by the valuation adjustment shall be recomputed. The	30186
payment shall be made from money appropriated for fiscal year 2008	30187
under the appropriation line items corresponding with the	30188
components of state education aid required to be recomputed under	30189
this division. The amount of the payment shall be divided in equal	30190
amounts among the remaining payments of state education aid	30191
required to be made during fiscal year 2008 that have not been	30192
paid before the effective date of this section, and paid at the	30193
same time as those payments.	30194

(3) The recomputed total taxable value and state education	30195
aid recomputed under divisions (B)(1) and (2) of this section	30196
shall be regarded as the district's total taxable value and state	30197
education aid for fiscal year 2007 and 2008, respectively, for all	30198
purposes of Chapter 3317. of the Revised Code; Am. Sub. H.B. 66 of	30199
the 126th General Assembly, including the computation of	30200
transitional aid under Section 206.09.39 of that act, as amended;	30201
and Am. Sub. H.B. 119 of the 127th General Assembly, including	30202
under Section 269.30.80 of that act.	30203

(4) Any amounts payable under division (B)(1) or (2) of this	30204
section shall be reduced by any amount paid under section 3317.026	30205
of the Revised Code if the amount paid under that section was paid	30206
on account of refunded taxes charged against tax-exempt public	30207
utility property for tax year 2005 or 2006 and for which	30208
recomputation is made under division (B) of this section.	30209

(C) The Department of Education shall recompute an eligible	30210
school district's adjusted valuation per pupil and average taxable	30211
value for the purposes of ranking the district under section	30212
3318.011 of the Revised Code, and determining the district's	30213
portion of the basic project cost under section 3318.032 of the	30214
Revised Code, for any such computation that includes the taxable	30215
values certified for the district for tax year 2005 or 2006 under	30216
division (A) of section 3317.021 of the Revised Code. For	30217
computations of valuation per pupil or average taxable value that	30218
include the taxable value certified for tax year 2005, the	30219
recomputation shall incorporate the taxable values so certified	30220
reduced by the 2005 valuation adjustment. For computations of	30221
valuation per pupil or average taxable value that include the	30222
taxable value certified for tax year 2006, the recomputation shall	30223
incorporate the taxable values so certified reduced by the 2006	30224
valuation adjustment. Within forty-five days after the effective	30225
date of this act, the Department shall adjust the percentile	30226
ranking of the district and perform the Department's other duties	30227
under section 3318.011 of the Revised Code to reflect the	30228
recomputations, and shall certify the recomputations and other	30229
information required by that section to the Ohio School Facilities	30230
Commission. The Commission shall adjust the portion of basic	30231
project cost to be supplied by the district on the basis of the	30232
department's certification.	30233

Section 733.13. (A) As used in this section, "equity list"	30234
means the school district percentile rankings calculated under	30235
section 3318.011 of the Revised Code.	30236

(B) Not later than thirty days after the effective date of	30237
this section, the Department of Education shall create an	30238
alternate equity list for fiscal year 2008 by recalculating each	30239
school district's percentile ranking under section 3318.011 of the	30240
Revised Code and shall certify the alternate equity list to the	30241
Ohio School Facilities Commission. For this purpose, the	30242
Department shall recalculate every school district's percentile	30243
ranking using the district's "valuation per pupil" as that term is	30244
defined in the version of section 3318.011 of the Revised Code in	30245
effect on and after September 29, 2007. When recalculating the	30246
percentile rankings, the Department shall use the same values for	30247
"average taxable value," "formula ADM," and "income factor," as	30248
those terms are defined in section 3318.011 of the Revised Code,	30249
that it used in calculating the original equity list for fiscal	30250
year 2008 certified to the Commission on September 5, 2007, and	30251
shall not use any updated values for those variables.	30252

(C) The Commission shall use the alternate equity list	30253
certified under division (B) of this section to determine the	30254
priority for assistance under sections 3318.01 to 3318.20 of the	30255
Revised Code in fiscal year 2009 for each school district that has	30256
not previously been offered funding under those sections. The	30257
alternate equity list shall not affect any school district's	30258
eligibility for the Exceptional Needs School Facilities Assistance	30259
Program under section 3318.37 of the Revised Code.	30260

(D) Notwithstanding any provision of Chapter 3318. of the	30261
Revised Code to the contrary, for each school district that	30262
receives the Commission's conditional approval of the district's	30263
project under sections 3318.01 to 3318.20 or section 3318.37 of	30264
the Revised Code in fiscal year 2009, the district's portion of	30265
the basic project cost shall be the lesser of the following:	30266

(1) The amount required under section 3318.032 of the Revised	30267
Code calculated using the percentile in which the district ranks	30268
on the alternate equity list certified under division (B) of this	30269
section;	30270

(2) The amount required under section 3318.032 of the Revised	30271
Code calculated using the percentile in which the district ranks	30272
on the original equity list for fiscal year 2008.	30273

Section 733.14. (A) As used in this section:

30274

(1) "Alternative equity list" means a rank order of all city,	30275
exempted village, and local school districts into percentiles	30276
according to the one-year adjusted valuation per pupil of each	30277
district from lowest to higher adjusted valuation per pupil,	30278
computed as follows:	30279

(The district's total taxable value for tax year 2006 / the	30280
district's formula ADM for fiscal year 2007) - [$30,000 x (1 -the	30281
district's income factor for fiscal year 2007)]	30282

(2) "Original equity list" means the school district	30283
percentile ranking according to the three-year average adjusted	30284
valuation per pupil of all city, exempted village, and local	30285
school districts calculated under section 3318.011 of the Revised	30286
Code and certified to the Ohio School Facilities Commission on	30287
September 5, 2007.	30288

(3) "Project" has the same meaning as in section 3318.01 of	30289
the Revised Code.	30290

(4) "School district's portion of the basic project cost"	30291
means the portion of the basic project cost computed under section	30292
3318.032 of the Revised Code.	30293

(5) "Total taxable value," "formula ADM," and "income factor"	30294
have the same meanings as in section 3317.02 of the Revised Code.	30295

(B) Not later than thirty days after the effective date of	30296
this section, the Department of Education shall create the	30297
alternative equity list defined in this section and shall certify	30298
that list to the Ohio School Facilities Commission for its use in	30299
determining funding of school district projects for fiscal year	30300
2009, in the manner prescribed in division (C) of this section.	30301

(C) Notwithstanding any provision to the contrary in Chapter	30302
3318. of the Revised Code, for fiscal year 2009 only, in the case	30303
of any school district that has not received funding under	30304
sections 3318.01 to 3318.20 of the Revised Code in any fiscal year	30305
prior to fiscal year 2009 and for which the district's rank on the	30306
alternative equity list is at least fifteen percentiles lower than	30307
the district's rank on the original equity list:	30308

(1) The Commission shall use the district's percentile on the	30309
alternative equity list to determine the district's priority for	30310
assistance and the school district's portion of the basic project	30311
cost for a project under sections 3318.01 to 3318.20 of the	30312
Revised Code, rather than the district's percentile on the	30313
original equity list as otherwise provided under those sections;	30314

(2) The Commission shall use the district's percentile on the	30315
alternative equity list to determine the school district's portion	30316
of the basic project cost for a project under section 3318.37 of	30317
the Revised Code, rather than the district's percentile on the	30318
original equity list as otherwise provided under that section. The	30319
alternative equity list shall not affect any school district's	30320
eligibility and priority for assistance under that section.	30321

The Commission shall not use the alternative equity list to	30322
determine the priority for funding or a school district's portion	30323
of the basic project cost for any other school district or for any	30324
other program administered by the Commission.	30325

(D) If a school district is offered funding under sections	30326
3318.01 to 3318.20 or section 3318.37 of the Revised Code for	30327
fiscal year 2009 based on this section, the district's project	30328
shall proceed as specified in those sections, except as otherwise	30329
provided in this section.	30330

Section 733.15. Notwithstanding division (B) of section	30331
3318.40 of the Revised Code, the Ohio School Facilities	30332
Commission may set aside up to three per cent of the aggregate	30333
amount appropriated to it in fiscal year 2008 for classroom	30334
facilities assistance projects in the Education Facilities Trust	30335
Fund established under section 183.26 of the Revised Code, the	30336
Public School Building Fund established under section 3318.15 of	30337
the Revised Code, and the School Building Program Assistance Fund	30338
established under section 3318.25 of the Revised Code to provide	30339
assistance to joint vocational school districts for the	30340
acquisition of classroom facilities in accordance with sections	30341
3318.40 to 3318.45 of the Revised Code.	30342

Section 733.20. Notwithstanding any provision to the contrary	30343
in Chapter 3314. of the Revised Code, with respect to the	30344
calculation of full-time equivalency under division (L)(3) of	30345
section 3314.08 of the Revised Code, the Superintendent of Public	30346
Instruction shall waive the number of hours or days of learning	30347
opportunities not offered to a student because a community school	30348
was closed during the 2007-2008 school year due to disease	30349
epidemic, hazardous weather conditions, inoperability of school	30350
buses or other equipment necessary to the school's operation,	30351
damage to a school building, or other temporary circumstances due	30352
to utility failure rendering the school building unfit for school	30353
use, so long as the school was actually open for instruction with	30354
pupils in attendance during that school year for not less than	30355
nine hundred twenty hours. For purposes of determining funding	30356
for the community school under Chapter 3314. of the Revised Code	30357
for the 2007-2008 school year, the Department of Education shall	30358
treat the school as if it were open for instruction with pupils	30359
in attendance during the hours or days waived under this section.	30360

Section 733.21. (A) Notwithstanding sections 3313.48,	30361
3313.481, and 3317.01 of the Revised Code, no school district to	30362
which the following conditions apply shall be required to make up	30363
any days or hours a school was closed during the 2007-2008 school	30364
year due to flooding from a burst water pipe:	30365

(1) The flooding caused the school to be closed for only one	30366
day in excess of the number permitted by sections 3313.48,	30367
3313.481, and 3317.01 of the Revised Code and the other schools of	30368
the district were not closed for any days in excess of the number	30369
permitted by those sections.	30370

(2) The length of the school day for the school closed due to	30371
flooding exceeds the minimum number of hours required by the State	30372
Board of Education under section 3313.48 of the Revised Code by at	30373
least one-half hour.	30374

(B) A school district described in division (A) of this	30375
section shall not be considered to have failed to comply with	30376
division (B) of section 3317.01 of the Revised Code during the	30377
2007-2008 school year for purposes of receiving state payments	30378
under Chapter 3317. of the Revised Code in fiscal year 2009.	30379

Section 733.30. (A)(1) The clearinghouse of distance	30380
learning courses established under former sections 3353.20 to	30381
3353.30 of the Revised Code is hereby moved from the eTech Ohio	30382
Commission to the Chancellor of the Ohio Board of Regents. On and	30383
after the effective date of this section, that clearinghouse shall	30384
be administered by the Chancellor in the manner prescribed by	30385
sections 3353.20 (3333.81), 3353.21 (3333.82), 3353.22 (3333.83),	30386
3353.26 (3333.85), 3353.27 (3333.86), 3353.28 (3333.87), and	30387
3353.29 (3333.88) of the Revised Code, as amended and renumbered	30388
by this act, new section numbers indicated in parentheses, and	30389
section 3333.84 of the Revised Code as enacted by this act.	30390

(2) The Chancellor is thereupon and thereafter successor to	30391
and assumes the obligations of the Commission as they relate to	30392
the distance learning clearinghouse.	30393

(3) Any business commenced but not completed by the	30394
Commission related to the distance learning clearinghouse shall be	30395
completed by the Chancellor in the same manner, and with the same	30396
effect, as if completed by the Commission. No validation, cure,	30397
right, privilege, remedy, obligation, or liability is lost or	30398
impaired by reason of moving the clearinghouse from the Commission	30399
to the Chancellor.	30400

(4) All of the rules of the Commission related to the	30401
distance learning clearinghouse continue in effect as rules of the	30402
Chancellor, until amended or rescinded by the Chancellor.	30403

(B) No judicial or administrative action or proceeding	30404
related to the distance learning clearinghouse, in which the	30405
Commission is a party, that is pending on the effective date of	30406
this section is affected by reason of moving the clearinghouse	30407
from the Commission to the Chancellor. Such action or proceeding	30408
shall be prosecuted or defended in the name of the Chancellor. On	30409
application to the court or other tribunal, the Chancellor of the	30410
Ohio Board of Regents shall be substituted for the eTech Ohio	30411
Commission as a party to such action or proceeding.	30412

(C) On the effective date of this section, all books,	30413
records, documents, files, transcripts, equipment, furniture,	30414
supplies, and other materials related to the distance learning	30415
clearinghouse assigned to or in the possession of the Commission	30416
shall be transferred to the Chancellor.	30417

Section 737.10. HOME MEDICAL EQUIPMENT SERVICE PROVIDERS

30418

If a provider of home medical equipment services holds a	30419
license or certificate of registration scheduled to expire in an	30420
odd-numbered year pursuant to sections 4752.05 and 4752.12 of the	30421
Revised Code, as those sections existed prior to being amended by	30422
this act, the next renewal of the license or certificate that	30423
occurs after the effective date of this section shall be	30424
processed by the Ohio Respiratory Care Board in accordance with	30425
the even-numbered year licensing and registration periods	30426
specified in sections 4752.05 and 4752.12 of the Revised Code,	30427
as amended by this act. The Board shall provide for a	30428
proportionate reduction in the renewal fee that otherwise would	30429
apply for renewing the license or certificate.	30430

Section 751.10. ICF/MR CONVERSION

30431

(A) As used in this section, "home and community-based	30432
services" has the same meaning as in section 5123.01 of the	30433
Revised Code.	30434

(B) For each quarter of fiscal year 2009, the Director of	30435
Mental Retardation and Developmental Disabilities shall certify	30436
to the Director of Budget and Management the estimated amount to	30437
be transferred from the Department of Job and Family Services to	30438
the Department of Mental Retardation and Developmental	30439
Disabilities for the provision of home and community-based	30440
services made available by the slots sought under section	30441
5111.877 of the Revised Code. On receipt of the certification	30442
from the Director of Mental Retardation and Developmental	30443
Disabilities, the Director of Budget and Management may do one	30444
or more of the following:	30445

(1) Reduce GRF appropriation item 600-525, Health	30446
Care/Medicaid, in the Department of Job and Family Services, by	30447
the estimated amount for providing the home and community-based	30448
services and increase GRF appropriation item 322-416, Medicaid	30449
Waiver - State Match, in the Department of Mental Retardation and	30450
Developmental Disabilities, by the state share of the estimated	30451
amount for the provision of the home and community-based	30452
services;	30453

(2) Increase appropriation item 322-639, Medicaid Waiver –	30454
Federal, in the Department of Mental Retardation and Developmental	30455
Disabilities, by the federal share amount of the estimated amount	30456
for the provision of the home and community-based services;	30457

(3) Increase appropriation item 600-655, Interagency	30458
Reimbursement, in the Department of Job and Family Services, by	30459
the federal share of the estimated amount for the provision of	30460
the home and community-based services.	30461

Section 751.20. MONEY FOLLOWS THE PERSON ENHANCED	30462
REIMBURSEMENT FUND	30463

The Money Follows the Person Enhanced Reimbursement Fund is	30464
hereby created in the state treasury. The federal payments made	30465
to the state under subsection (e) of section 6071 of the "Deficit	30466
Reduction Act of 2005," Pub. L. No. 109-171, shall be deposited	30467
into the Fund. The Department of Job and Family Services shall	30468
use money deposited into the Fund for system reform activities	30469
related to the Money Follows the Person demonstration project.	30470

Section 751.30. MORATORIUM ON CLOSURE OF STATE MENTAL HEALTH	30471
FACILITIES	30472

(A) As used in this section, "state mental health facility"	30473
means an institution for the care and treatment of individuals	30474
with mental illness that is maintained, operated, managed, and	30475
governed by the Department of Mental Health pursuant to Chapter	30476
5119. of the Revised Code.	30477

(B) Until six months after the effective date of this	30478
section, neither the Governor nor the Department of Mental Health	30479
shall close a state mental health facility, notwithstanding the	30480
provisions of Chapter 5119. of the Revised Code or any other	30481
provision of the Revised Code under which the Department has	30482
jurisdiction over state mental health facilities.	30483

Section 757.10. The purpose of the amendment by this act of	30484
section 5709.121 of the Revised Code is to clarify the intent of	30485
the General Assembly that institutions of the kind described in	30486
the amendment are charitable institutions for the purposes of that	30487
section as it existed before the effective date of the amendment.	30488
Therefore, the amendment applies to any application for exemption,	30489
or the property that is the subject of such application, pending	30490
before the Tax Commissioner on the effective date of this act or	30491
filed thereafter.	30492

Section 803.03. Notwithstanding division (E)(3) of section	30493
5721.37 of the Revised Code, the holder of a certificate for	30494
which a notice of intent to foreclose has been filed with the	30495
county treasurer before the effective date of this section shall	30496
have ninety days from the effective date of this section to file	30497
foreclosure proceedings in a court of competent jurisdiction.	30498

Section 803.06. The amendment by this act of section 5739.02	30499
of the Revised Code, adding divisions (B)(49) and (50), applies	30500
to sales described in those divisions on or after August 1,	30501
2008.	30502

Section 803.10. That the amendment of section 5747.01 of the	30503
Revised Code by this act applies to taxable years beginning on or	30504
after January 1, 2008.	30505

Section 803.20. The amendment by this act to section 6117.012	30506
of the Revised Code applies to any proceedings, covenant,	30507
stipulation, obligation, resolution, trust agreement, indenture,	30508
loan agreement, lease agreement, agreement, act, or action, or	30509
part of it, pending on the effective date of this act.	30510

Section 803.30. Sections 4117.01 and 4117.09 of the Revised	30511
Code, as amended by this act, apply only to collective bargaining	30512
agreements and extensions and renewals of those agreements entered	30513
into on or after the effective date of those sections as amended	30514
by this act.	30515

Section 803.31. Sections 4117.14 and 4117.15 of the Revised	30516
Code, as amended by this act, apply only to collective bargaining	30517
agreements and extensions and renewals of those agreements entered	30518
into on or after the effective date of those sections as amended	30519
by this act.	30520

Section 803.40. Sections 4123.26, 4123.32, 4123.37, and	30521
4123.54 of the Revised Code, as amended by this act, apply to all	30522
claims pursuant to Chapters 4121., 4123., and 4131. of the Revised	30523
Code arising on and after the effective date of those sections as	30524
amended by this act.	30525

Section 803.50. BOARDS OF ALCOHOL, DRUG ADDICTION, AND	30526
MENTAL HEALTH SERVICES	30527

The amendments made by this act to section 340.02 of the	30528
Revised Code specifying the areas of interest to be reflected in	30529
the composition of a board of alcohol, drug addiction, and mental	30530
health service do not affect the terms of the members holding	30531
office on the effective date of this section.	30532

Section 806.10. The items of law contained in this act, and	30533
their applications, are severable. If any item of law contained in	30534
this act, or if any application of any item of law contained in	30535
this act, is held invalid, the invalidity does not affect other	30536
items of law contained in this act and their applications that can	30537
be given effect without the invalid item or application.	30538

Section 812.10. Except as otherwise provided in this act, the	30539
amendment, enactment, or repeal by this act of a section is	30540
subject to the referendum under Ohio Constitution, Article II,	30541
Section 1c and section 1.471 of the Revised Code. Such an	30542
amendment, enactment, or repeal takes effect on the date specified	30543
below for the amendment, enactment or repeal or, if a date is not	30544
specified below for the amendment, enactment or repeal, on the	30545
ninety-first day after this act is filed with the Secretary of	30546
State.	30547

Sections 9.835, 109.71, 113.061, 120.08, 122.171, 124.821,	30548
125.021, 125.04, 125.09, 125.18, 125.25, 133.08, 133.52, 135.101,	30549
135.102, 135.103, 135.104, 135.105, 135.106, 135.61, 135.63,	30550
135.65, 135.66, 145.47, 156.02, 165.01, 165.03, 303.12, 303.211,	30551
307.697, 319.301, 321.261, 340.02, 340.021, 351.26, 519.12,	30552
519.211, 715.73, 715.74, 901.42, 1332.04, 1561.011, 1561.16,	30553
1561.17, 1561.23, 1561.24, 1561.25, 1561.26, 1561.261, 1565.15,	30554
1567.64, 1567.681, 2743.49, 2935.01, 2935.03, 2949.092, 2949.094,	30555
3119.023, 3301.0714, 3310.42, 3311.21, 3311.24, 3313.842,	30556
3313.978, 3314.016, 3314.02, 3314.03, 3314.05, 3314.086, 3314.37,	30557
3316.03, 3316.041, 3316.06, 3316.08, 3317.023, 3317.161, 3317.20,	30558
3323.30, 3323.31 (3323.33), 3323.32 (3323.34), 3323.33 (3323.35),	30559
3333.84, 3335.05, 3341.03, 3343.08, 3344.02, 3352.02, 3353.02,	30560
3353.20 (3333.81), 3353.21 (3333.82), 3353.22 (3333.83), 3353.23,	30561
3353.24, 3353.25, 3353.26 (3333.85), 3353.27 (3333.86), 3353.28	30562
(3333.87), 3353.29 (3333.88), 3353.30, 3354.16, 3355.12, 3356.02,	30563
3357.16, 3359.02, 3361.02, 3364.02, 3365.15, 3703.01, 3734.821,	30564
3735.67, 3905.40, 3925.101, 3961.04, 4117.01, 4117.09, 4117.14,	30565
4117.15, 4123.26, 4123.32, 4123.37, 4123.54, 4131.03, 4301.355,	30566
4301.404, 4301.421, 4301.424, 4301.62, 4303.181, 4303.182,	30567
4303.30, 4399.12, 4510.10, 4511.01, 4511.181, 4511.191, 4735.01,	30568
4735.02, 4735.10, 4735.13, 4735.14, 4735.141, 4735.142, 4752.04,	30569
4752.05, 4752.06, 4752.07, 4752.11, 4752.12, 4752.13, 4905.84,	30570
4928.142, 5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215,	30571
5101.80, 5111.032, 5111.941, 5123.0412, 5123.36, 5501.09,	30572
5502.68, 5525.01, 5703.19, 5703.57, 5705.194, 5705.199, 5705.214,	30573
5705.29, 5709.121, 5721.30, 5721.31, 5721.32, 5721.33, 5721.34,	30574
5721.35, 5721.36, 5721.37, 5721.371, 5721.38, 5721.381, 5721.39,	30575
5721.40, 5721.41, 5721.42, 5721.43, 5739.01, 5739.029, 5739.12,	30576
5739.122, 5739.124, 5741.04, 5741.12, 5741.121, 5741.122,	30577
5743.021, 5743.024, 5743.321, 5743.323, 5747.01, 5747.02,	30578
5747.082, 5748.022, 5749.17, 6117.01, 6117.011, 6117.012,	30579
6117.04, 6117.05, 6117.06, 6117.25, 6117.251, 6117.28, 6117.30,	30580
6117.34, 6117.38, 6117.41, 6117.42, 6117.43, 6117.44, 6117.45,	30581
6117.49, 6121.045, and 6123.042 of the Revised Code. New sections	30582
3323.31 and 3323.32 of the Revised Code that replace sections	30583
bearing the same numbers that have been renumbered.	30584

Section 5 of Am. Sub. H.B. 24 of the 127th General Assembly,	30585
Section 203.10 of Am. Sub. H.B. 67 of the 127th General Assembly,	30586
and Sections 103.80.50, 201.30, 201.50, 301.20.20, 301.20.80,	30587
401.11, and 401.71 of H.B. 496 of the 127th General Assembly, all	30588
as amended by this act.	30589

All sections of this act prefixed with a section number in	30590
the 200s.	30591

Sections 620.20, 701.10, 701.20, 705.10, 711.10, 715.10,	30592
715.30, 715.40, 733.30, 737.10, 757.10, 803.03, 803.10, 803.20,	30593
803.30, 803.31, 803.40, 803.50, 812.10, and 815.10 of this act.	30594

Section 812.20. The amendment, enactment, or repeal by this	30595
act of the following sections is exempt from the referendum under	30596
Ohio Constitution, Article II, Section 1d and section 1.471 of the	30597
Revised Code and takes effect on the date specified below for the	30598
amendment, enactment or repeal or, if a date is not specified	30599
below for the amendment, enactment or repeal, immediately when	30600
this act becomes law.	30601

Sections 105.41, 113.40, 117.13, 117.38, 124.152, 149.30,	30602
353.01, 353.02, 353.03, 353.04, 353.05, 353.06, 353.061, 353.062,	30603
353.063, 3314.40, 3317.11, 3318.01, 3318.03, 3318.032, 3318.033,	30604
3318.034, 3318.04, 3326.45, 3333.04, 3333.044, 3333.122, 3702.71,	30605
3702.72, 3702.73, 3702.74, 3702.75, 3702.78, 3702.79, 3702.81,	30606
3702.85, 3702.86, 3702.91, 3702.93, 3702.95, 5101.572, 5111.0210,	30607
5111.091, 5111.31, 5111.874, 5111.875, 5111.876, 5111.877,	30608
5111.878, 5111.879, 5111.88, 5111.881, 5111.882, 5111.883,	30609
5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889,	30610
5111.8810, 5111.8811, 5111.8812, 5111.8813, 5111.8814, 5111.8815,	30611
5111.8816, 5111.8817, 5112.311, 5123.196, 5703.82, 5727.85,	30612
5739.21, 5745.05, 5751.20, and 5751.21 of the Revised Code.	30613

The enactment of sections 3323.36 and 5112.371 of the	30614
Revised Code takes effect July 1, 2008.	30615

The amendment of section 5112.37 of the Revised Code takes	30616
effect July 1, 2008.	30617

Except as otherwise provided in this paragraph, the amendment	30618
of section 5112.31 of the Revised Code takes effect July 1, 2008.	30619
The amendment striking ", except as adjusted under section	30620
5112.311 of the Revised Code," takes effect immediately when this	30621
act becomes law.	30622

The repeal of section 5739.213 of the Revised Code takes	30623
effect July 1, 2008.	30624

Sections 203.50, 315.10, and 555.19 of Am. Sub. H.B. 67 of	30625
the 127th General Assembly, Sections 201.10 and 512.70 of Am. Sub.	30626
H.B. 100 of the 127th General Assembly, Sections 207.20.50,	30627
207.20.70, 207.30.10, 207.30.20, 207.30.30, 235.10, 261.10,	30628
263.10, 263.20.10, 263.30.10, 269.30.30, 269.30.70, 269.40.50,	30629
269.50.30, 275.10, 293.10, 299.10, 309.10, 309.30.13, 309.30.30,	30630
309.30.40, 309.30.41, 309.30.42, 309.40.33, 337.30, 337.30.43,	30631
337.40, 337.40.15, 369.10, 375.10, 375.80.10, 379.10, 393.10,	30632
405.10, 407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119	30633
of the 127th General Assembly, and Section 101.10 of H.B. 496 of	30634
the 127th General Assembly, all as amended by this act.	30635

Sections 503.10, 503.20, 503.30, 515.10, 515.20, 515.21,	30636
515.30, 515.40, 620.10, 703.10, 707.10, 715.20, 733.10, 733.13,	30637
733.14, 733.15, 733.20, 733.21, 751.10, 751.20, 751.30, 812.20,	30638
and 812.40 of this act.	30639

Section 812.30. The amendment, enactment, or repeal by this	30640
act of the following sections provides for or is essential to	30641
implementation of a tax levy, is exempt from the referendum under	30642
Ohio Constitution, Article II, Section 1d, and takes effect on the	30643
date specified below for the amendment, enactment, or repeal or,	30644
if a date is not specified below for the amendment, enactment, or	30645
repeal, immediately when this act becomes law.	30646

Sections 1346.03, 2921.13, 4301.432, 4301.441, 4301.47,	30647
4303.03, 4303.233, 4303.33, 4303.333, and 5739.02 of the Revised	30648
Code.	30649

Sections 4303.071 and 4303.232 of the Revised Code take	30650
effect July 1, 2008.	30651

Sections 803.06 and 812.30 of this act.

30652

Section 812.40. The amendment by this act of the sections of	30653
law that are listed in the left-hand column of the following table	30654
combine amendments that are and are not exempt from the referendum	30655
under Ohio Constitution, Article II, Sections 1c and 1d and	30656
section 1.471 of the Revised Code.	30657

The middle column identifies the amendments that are subject	30658
to the referendum under Ohio Constitution, Article II, Section 1c	30659
and section 1.471 of the Revised Code and take effect on the	30660
ninety-first day after this act is filed with the Secretary of	30661
State.	30662

The right-hand column identifies the amendments that are	30663
exempt from the referendum under Ohio Constitution, Article II,	30664
Section 1d and section 1.471 of the Revised Code and take effect	30665
immediately when this act becomes law.	30666

Section of law	Amendments subject to referendum	Amendments exempt from referendum		30667
5703.21	Division (C)(12)	Division (C)(11)		30668

Section 815.10. Section 109.71 of the Revised Code is	30669
presented in this act as a composite of the section as amended by	30670
both Sub. H.B. 347 and Sub. H.B. 454 of the 126th General	30671
Assembly. Section 2935.01 of the Revised Code is presented in	30672
this act as a composite of the section as amended by both Sub.	30673
H.B. 545 and H.B. 675 of the 124th General Assembly. Section	30674
4301.421 of the Revised Code is presented in this act as a	30675
composite of the section as amended by both Sub. H.B. 239 and Am.	30676
Sub. S.B. 188 of the 121st General Assembly. The General	30677
Assembly, applying the principle stated in division (B) of	30678
section 1.52 of the Revised Code that amendments are to be	30679
harmonized if reasonably capable of simultaneous operation, finds	30680
that the composite is the resulting version of the section in	30681
effect prior to the effective date of the section as presented in	30682
this act.	30683